Florida residents could be forgiven for thinking that polygraph machines were invented quite recently. The devices, which are often called lie detectors, measure stress by noticing changes in an individual’s blood pressure, heart rate, perspiration and breathing...
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Criminal Law
Police can sometimes conduct warrantless searches
Florida drivers know that at some point, they could be stopped by the police. It could be for an issue as simple as a broken tail light, or it could be for something that they're not even aware of. Many drivers are not clear if the police can legitimately search their...
Factors that contribute to wrongful convictions
For many years, DNA evidence has been used to overturn convictions in cases overseen by judges in Florida and throughout the country. Research has discovered a few common reasons why individuals may have been wrongfully convicted, and that research has led to reforms...
Reasons for a preliminary hearing
If you are charged with a crime in the state of Florida, a preliminary hearing will typically be held to review the evidence against you. This type of hearing may also be held in civil matters such as a divorce or car accident case. Generally speaking, both witness...
Does Florida reverse more wrongful convictions than other states?
Many convictions reflect the facts of the case in question. Yet, in rare circumstances, someone who did not commit the crime will end up serving time. Anywhere between 2% to 10% of convictions are false due to – among other reasons – forced confessions, prosecutorial...
What do DUI implied consent laws involve?
State troopers and other law enforcement members may keep an eye out for intoxicated drivers. DUI accidents could cause injuries, property damage and even fatalities. Persons pulled over for a DUI in Florida may not want to comply with an officer's request for them to...
Activist’ say racial disparity creates inequality in courts
There is a lack of representation of Black, indigenous and people of color in court rooms, which results in negative outcomes for these populations. Studies have shown that 95% of prosecutors in Florida and around the country are white. Studies of racial demographics...
Police continue to use unreliable field testing kits
A Florida man was taken into custody on drug possession charges in December 2015 after Orlando Police Department officers claimed that suspicious white crystals in his car were methamphetamine. The officers came to this conclusion after using a field drug-testing kit,...
How do you invoke your right to remain silent?
The Fifth Amendment to the U.S. Constitution affords you the right to remain silent during police questioning. Furthermore, thanks to a 1966 U.S. Supreme Court decision, officers have an affirmative obligation to notify you of this right when making a custodial...
What to know about leading questions
Attorneys in Florida and elsewhere may use leading questions in an effort to shape a narrative. Leading questions are almost always answered with a yes or a no, but that is not always the case. Generally speaking, attorneys are not allowed to use this type of question...
