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Category Archives: Florida Criminal Law

Arrest_Bars

Florida Criminal Law: What is the Difference Between Being ‘Detained’ and ‘Arrested’?

By Ratzan & Faccidomo LLC |

If you have been ‘stopped’, you are being ‘questioned, or are being ‘held’ by a Florida police officer, it is important that you know whether: You are being detained; You have been arrested; or None of the above. In this article, our Miami criminal defense lawyers seek to help you better understand your legal… Read More »

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DUIAccident

Report: DUI Arrests are Plummeting in South Florida

By Ratzan & Faccidomo LLC |

According to reporting from the Miami Herald, the number of drunk driving arrests in South Florida has dropped precipitously over the past few years. From 2013 to 2017, the number of DUI arrests made by the Miami-Dade Police Department fell by an astonishing 65 percent. Over the same time period, the number of drunk… Read More »

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Bail

Florida Criminal Law Watch: Orlando Area Prosecutors Will Not Seek Monetary Bail for Certain Crimes

By Ratzan & Faccidomo LLC |

On March 16th, 2018, the Miami Herald reported on an important story originating out of Central Florida. Prosecutors in Orange County and Osceola County will no longer seek cash bail for certain minor crimes. This is an incredibly important step that will help make our justice system more fair to criminal defendants of all… Read More »

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Florida Bill to Ease Drug Trafficking Mandatory Minimums is Making Progress

By Ratzan & Faccidomo LLC |

The state of Florida has some of the toughest drug trafficking laws in the entire country. Many lawmakers have noticed that the harsh drug trafficking laws that originally were designed to take on some of the world’s most dangerous drug cartels are not working in the modern era. First time-offenders and non-dangerous drug addicts… Read More »

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Advocate

What are the Age of Consent Laws in Florida?

By Ratzan & Faccidomo LLC |

In order to lawfully engage in sexual activity, a person must be old enough to give their consent. In Florida, the age of consent is 18 years old. Any person who is under the age of 18 does not have full authority to consent to sexual conduct. If you violate Florida’s age of consent… Read More »

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Courtroom

Florida’s Pre-Trial Intervention Program Explained

By Ratzan & Faccidomo LLC |

Many people believe that if you are charged with a minor criminal offense, you deserve a chance to be rehabilitated instead of having to suffer the impact of a steep fine or jail term. The state of Florida and its Department of Corrections feel this way too and, combining this with statistics showing a… Read More »

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PoliceSearch

What is Illegal Search and Seizure?

By Ratzan & Faccidomo LLC |

Your right to privacy is protected by the Fourth Amendment to the United States Constitution. This means that under most circumstances, law enforcement and others cannot enter your home to search through your property and take items they deem to be necessary for a criminal investigation. Doing so is known as an illegal search… Read More »

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crimlaw6

What are Aggravating Factors and How Can they Impact my Case?

By Ratzan & Faccidomo LLC |

When reading about criminal charges and their penalties, the term “aggravating factors” will likely come up. These are the details about an offense that can affect the severity of the penalties a defendant faces after he or she is convicted. In some cases, an aggravating factor can even change how an offense is charged…. Read More »

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TrafficV

The Differences Between Careless Driving and Reckless Driving in Florida

By Ratzan & Faccidomo LLC |

As a driver, you have the responsibility to drive courteously to prevent collisions with other drivers, pedestrians, and stationary objects. If you cause an accident because of your failure to uphold this responsibility, you can be found negligent and thus liable for the victim’s damages. If you are convicted of reckless driving, you can… Read More »

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Bail

Posting Bail: What it Does, What it Requires

By Ratzan & Faccidomo LLC |

When an individual is arrested and taken to jail, a bail amount is set for him or her. Bail is the money that the individual can pay in exchange for being released from jail while his or her case moves through the criminal justice system. Bail is not always money. Sometimes, it is a… Read More »

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crimlaw6

Types of Property Crime

By Ratzan & Faccidomo LLC |

There are many different classifications for criminal offenses. Within these classifications, there are often subdivisions. Property crimes are offenses that involve the unauthorized taking or destruction of another party’s property. Within the realm of property crimes, there are multiple subtypes. These subtypes of property crime are listed below. Property crimes can involve tangible items… Read More »

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Courtroom

What is Contempt of Court?

By Ratzan & Faccidomo LLC |

When the court orders you to comply with an order, you must comply with that order. Failing to comply with a court order is known as contempt of court. Court orders can be made for actions that occur outside the courtroom, such as orders to pay child support or comply with a subpoena, as… Read More »

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What are the Penalties for Violating an Order of Protection?

By Ratzan & Faccidomo LLC |

If another party, such as a former partner, files an order of protection against you, you need to comply with the terms of the order while it is in place. Violating an order of protection, also known as a restraining order, is a criminal offense punishable by up to one year in jail and… Read More »

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The Death Penalty in Florida

By Ratzan & Faccidomo LLC |

For many, the death penalty represents the ultimate form of punishment for a crime. Although governments around the world have abolished death as a penalty for a criminal conviction, it remains in use in many parts of the United States. Florida is one of the states where the death penalty is still in use…. Read More »

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CrimLaw6

Civil versus Criminal Charges for Damage Resulting from a Car Accident

By Ratzan & Faccidomo LLC |

You are probably familiar with the term “damages” as it relates to car accidents. Damages are the expenses that an individual faces as the result of an accident, such as damage to his or her vehicle or expenses that arise as a result of his or her injury, such as medical bills and reduced… Read More »

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Arrested

How Does an Officer Obtain an Arrest Warrant?

By Ratzan & Faccidomo LLC |

A police officer cannot arrest people at random. In order to arrest an individual suspected of committing a criminal offense, an officer must have probable cause to believe that the individual committed the crime or a valid arrest warrant. Obtaining an arrest warrant requires legwork on the part of the arresting officer. Below are… Read More »

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Stand

Where Do I Have the Right to Stand my Ground?

By Ratzan & Faccidomo LLC |

Individuals in Florida have the right to stand their ground – that is, the right to use firearms and other types of force against attackers without being required to retreat – in situations where they feel that their safety, property, or the safety of another individual is at risk. This right only exists in… Read More »

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What is the Federal Witness Protection Program?

By Ratzan & Faccidomo LLC |

The United States Marshall Service Witness Security Program (WITSEC), more commonly known as the Witness Protection Program, was created in 1970 with the passage of the Organized Crime Control Act. In 1971, WITSEC began its operation and since that year, it has served more than 18,000 individuals. The purpose of the program is to… Read More »

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Do I Qualify for Pretrial Intervention?

By Ratzan & Faccidomo LLC |

Not everybody who is charged with a crime is convicted. Sometimes, it is because the prosecution does not have sufficient evidence to find them guilty and in other cases, it is because they accept plea bargains or enter a diversion program. Many Florida residents facing misdemeanor and third degree felony charges have the option… Read More »

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What is the Difference Between Prison and Jail?

By Ratzan & Faccidomo LLC |

You might have heard the terms “prison” and “jail” used interchangeably. Although this happens often, the two are actually not the same. When you are arrested for an alleged criminal offense and held before your trial, you are typically held in jail. Depending on the type of charge you face, you could be transferred… Read More »

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