Exploring Legal Horizons

Have you ever had a client come to you with the idea of secretly recording a conversation? Or worse yet, a client brings you a tape they surreptitiously made? This issue is especially relevant because the new smart phones, specifically iPhones, have a new feature that enables a user to record a telephone conversation. Generally, it is illegal in Florida for one party to records a conversation with another party if the other party did not consent to it and the recording is made where there is an expectation of privacy. Fl.St. § 934.01(4). The purpose of this article is to familiarize...

If a person enters a plea to the judge, sometimes called an open plea, or if someone is found guilty after a trial, the next step in the process is a sentencing hearing. At the sentencing hearing, both the State and the defense advocate for an appropriate sentence. Generally, the court is more likely to sentence someone to jail or prison when a person is convicted after a jury trial. After 1998, when an individual is charged with noncapital felony, he or she is scored on a scoresheet pursuant to the Florida Criminal Punishment Code. The scoresheet provides the lowest permissible sentence...

After there has been an allegation or report of a criminal offense, law enforcement officers will respond to the scene, investigate, and speak to various witnesses, including the person who they suspect of committing the crime. If you are suspected of a crime, the responding officers may try to question you at the scene or detectives assigned to the case may attempt to question you at a later time. When law enforcement suspects you of a crime, it is ALWAYS best not to answer any questions and to consult with an experienced defense attorney. Officers are trying to gather incriminating...