Lindsey, Ferry & Parker, P.A.Orlando Criminal Defense Attorneys | Winter Park FL Criminal Law2024-03-06T15:14:18Zhttps://www.criminaldefenselawyersinorlando.com/feed/atom/WordPress/wp-content/uploads/sites/1503013/2022/06/cropped-lfp-site-icon-32x32.pngOn Behalf of Lindsey, Ferry & Parker, P.A.https://www.criminaldefenselawyersinorlando.com/?p=538682024-03-06T15:14:18Z2024-03-06T15:14:18ZThe state permits checkpoints
Many people have questions about the constitutionality of screening hundreds of people in a small amount of time. However, this exact issue has gone before The Supreme Court of the United States of America, with the justices affirming that such checkpoints do not violate the Constitution of the United States. Most states, including Florida, allow checkpoints due to that ruling.
Factors including how driving is a privilege and how the initial stop should only involve brief screening make checkpoints potentially legal when properly conducted by Florida law enforcement departments. Typically, there is paperwork required to lawfully implement a checkpoint. Officers must also do their best to minimize the inconvenience caused to members of the general public while screening drivers at a checkpoint. Only those who may appear to be under the influence should face enhanced screening practices such as field sobriety testing.
The downsides of sobriety checkpoints include how confirmation bias affects law enforcement professionals conducting checkpoints. They may interpret evidence in a way that implies someone has violated the law simply because that is their focus or goal. Individuals with reasonable explanations for their conduct at the wheel or performance on a field sobriety test and prosecution because officers expect to find people under the influence of alcohol.
Those accused of a DUI offense related to a checkpoint usually can't challenge the legality of the checkpoint itself unless the police department administering the checkpoint made some kind of error. However, many people can question test results or develop another strategy for fighting the DUI charges that may follow a stop at a DUI checkpoint. As such, learning more about Florida's law enforcement rules may benefit those hoping to avoid a conviction after a recent DUI arrest.]]>On Behalf of Lindsey, Ferry & Parker, P.A.https://www.criminaldefenselawyersinorlando.com/?p=538612024-01-03T20:31:17Z2024-01-03T20:31:17ZJob loss can occur after criminal convictions
Every employment arrangement is unique, and therefore there is no one answer that is accurate in every case. However, some employers in Florida have zero-tolerance policies for criminal offenses in their employment contracts. Their agreements with workers allow them to terminate individuals convicted of a criminal offense during their employment. Florida is an at-will employment state, so companies can fire workers for a variety of reasons.
Even if a company does not immediately fire someone after their conviction, a worker could lose out on future opportunities. Many companies hiring new workers or promoting existing ones perform background checks and may consider a criminal record along with other factors when deciding who to hire or promote.
In some scenarios, a company may have no choice but to let a worker go because their incarceration or license suspension would prevent them from doing their job for an unreasonable amount of time. Other times, it may be licensing consequences that lead to job loss.
Someone subject to a license suspension cannot drive themselves to work, so they may rely on others or public transportation. That situation can easily lead to a worker missing multiple days of work or repeatedly showing up late. Companies can and do terminate workers who do not have reliable transportation. Additionally, losing one's job on the heels of a criminal conviction could lead to difficulty obtaining gainful employment in the future.
Those worried about their ability to support themselves and their families after a DUI arrest may want to consider their options for defending against those charges. Avoiding a conviction can eliminate the worst penalties people sometimes suffer because of drunk driving charges.]]>On Behalf of Lindsey, Ferry & Parker, P.A.https://www.criminaldefenselawyersinorlando.com/?p=538592023-11-01T14:19:10Z2023-11-01T14:19:10ZThe unreliable nature of human memory
Human memory is unlike a video recording that captures events perfectly and accurately. It is subject to various biases and distortions. Memories can be influenced by suggestion, time and even the mere act of recalling the event.
When someone is asked to remember an event, their brain can reconstruct the memory, filling in gaps with assumptions and details that may not have actually occurred. This phenomenon is known as memory reconstruction. The implications of memory reconstruction are profound in criminal cases. Eyewitnesses may genuinely believe in the accuracy of their testimony, but their recollection of events can be inherently flawed.
The impact of stress and anxiety
Criminal situations are often highly stressful and emotionally charged. The presence of a weapon, the fear of harm and the urgency of the situation can all contribute to heightened stress and anxiety levels. When individuals are under such duress, their ability to accurately perceive and remember details may be compromised.
Research has shown that stress and anxiety can lead to tunnel vision, where an individual's focus narrows to the immediate threat. This can result in a limited field of view and a skewed perception of events. Consequently, an eyewitness may miss important details or even inaccurately identify a suspect due to the overwhelming stress of the situation.
Confirmation bias in eyewitness testimonies
Confirmation bias is a cognitive bias that occurs when individuals interpret new evidence as confirmation of their existing beliefs or theories. In the context of criminal cases, this means that once an eyewitness forms a belief about a suspect's identity, they are more likely to interpret subsequent information as confirming that belief, even if it's not accurate.
Confirmation bias can lead to the creation of a false memory, where an eyewitness genuinely believes in the accuracy of their testimony, but their belief is based on a flawed foundation. Legal proceedings can lead to wrongful convictions and a miscarriage of justice.
Eyewitness testimonies are a double-edged sword in the criminal justice system. While they can provide valuable insights into criminal cases, they are far from infallible. The unreliable nature of human memory, the impact of stress and anxiety and confirmation bias all contribute to the potential pitfalls of relying solely on eyewitness accounts.]]>On Behalf of Lindsey, Ferry & Parker, P.A.https://www.criminaldefenselawyersinorlando.com/?p=538582023-09-05T11:32:28Z2023-09-05T11:32:28Zthe intent to punish the offender appropriately. In most cases, the penalties a judge orders will fall within the range prescribed in state legal code. However, sometimes criminal trials result in sentencing departures, an outcome which can have a profound impact on the defendant involved.
What is a sentencing departure?
When a judge determines that the recommended sentence imposed by state law would be inappropriate due to the circumstances, they can sometimes enter a sentence that departs from what this law prescribes given the charges. Judges typically cannot exceed maximum penalties without risking an appeal, but they can order someone to serve multiple back-to-back sentences instead of allowing someone to serve multiple sentences concurrently.
Downward departures, as the name implies, involve a judge sentencing someone to less than the typical minimum sentence suggested in state law. Defendants can benefit from a departure that leads to a lower penalty than the usual minimum. Downward departures typically only happen when a judge feels that the circumstances truly warrant compassion toward the defendant. The more thorough of an explanation someone's attorney provides for a situation during their defense or prior to sentencing, the more likely they are to inspire the judge to consider a downward departure.
Understanding all of the ways in which someone can minimize the potential consequences resulting from a Florida criminal charge can help them put together the best possible defense strategy given their situation.
]]>On Behalf of Lindsey, Ferry & Parker, P.A.https://www.criminaldefenselawyersinorlando.com/?p=538572023-07-03T08:37:41Z2023-07-03T08:37:41Zprinciples of criminal sentencing. What are the principles that influence the criminal sentence handed down by the courts?
Retribution and symbolic denunciation
When people think of a criminal sentence, it is often retribution or punishment that they imagine as the primary motivator. It is true that society has largely agreed that certain kinds of behaviors require punishment. Causing harm to other people or stealing from businesses are acts that damage others and therefore require a penalty. Additionally, by imposing a sentence intended to punish the person convicted, the sentence serves as a form of symbolic denunciation on the part of the state, which serves as a way for the state to publicly condemn such behaviors.
Rehabilitation
Someone's incarceration could be an opportunity for them to think deeply about their behaviors and the direction of their life. They could potentially seek educational opportunities and even seek treatment for substance abuse or mental health issues that contributed to their misconduct. A criminal sentence can potentially help someone heal and become a more productive member of society.
Deterrence
A criminal sentence is meant to serve as a deterrent both to the individual who committed the crime and to the community at large. Someone who serves a lengthy sentence for criminal misconduct may more carefully consider their actions in the future to avoid another arrest. Members of the community who hear about a significant penalty imposed on an individual for a crime may be less likely to commit the same crime because of the possible consequences.
Protection of the public
Especially in scenarios where someone faces accusations of a violent criminal offense, their sentence of incarceration or supervision can help protect members of their community from the risk of them reoffending in the near future.
Criminal defendants who understand the thought process behind sentencing may have an easier time working with a lawyer to develop an effective criminal defense strategy to reduce the sentence handed down by the courts. Learning more about what happens during sentencing and why may help those hoping to respond proactively to pending criminal charges.]]>On Behalf of Lindsey, Ferry & Parker, P.A.https://www.criminaldefenselawyersinorlando.com/?p=538562023-04-30T21:47:41Z2023-04-30T21:47:41Zto reduce the charge and/or the sentence in exchange for a guilty plea.
Should you consider a plea bargain?
In addition to getting a charge reduced or avoiding jail time completely, you might be able to avoid stigmatizing charges like DUI or rape. Getting a felony charge reduced to a misdemeanor can also make a big difference to your future. Besides getting a charge and sentence reduced, there are other potential benefits to accepting a plea deal. For example:
You’ll avoid the wait, anxiety and uncertainty involved with the trial process
You aren’t putting your future in the hands of a jury or judge
You can reduce the chances of your case garnering media attention
For some people, these benefits are so important that they’ll consider accepting a plea deal even if they’re innocent. They don’t want to risk going to jail for something they didn’t do, so they’ll agree to probation or other sanctions just to avoid that risk.
While the potential benefits of a plea deal are undeniable, it’s important to remember that it is generally not a good idea to plead guilty to something you didn’t do, as the consequences of doing so can haunt you for years to come.
Regardless of whether the idea of accepting a plea deal sounds appealing to you, you should not take on the plea-bargaining process on your own. Prosecutors are experienced and adept at negotiating these deals. You deserve experienced legal guidance to help you make the right decision for you and then to work towards the best possible outcome.]]>On Behalf of Lindsey, Ferry & Parker, P.A.https://www.criminaldefenselawyersinorlando.com/?p=538552023-03-07T12:50:22Z2023-03-07T12:50:22ZThe courts evaluate informants on an individual basis
Each situation involving testimony from a confidential informant will require the careful consideration of the prosecutor attempting to present the informant's perspective and the judge evaluating the case.
The first consideration is whether or not the informant is truthful or has a reputation for telling the truth. The personal record of the confidential informant, including their own criminal case and their involvement in previous prosecutions, will influence if the courts can view them as truthful.
Additionally, there must be a solid basis for their information. Since a confidential informant typically won't be physically present in court, it is crucial that the basis of their information is reasonable. Ideally, there will be other information that helps to corroborate the claims made by the confidential informant.
The more evidence that supports the details of their claim, the more likely the courts are to take them seriously. Additionally, more specific claims tend to gain traction in criminal proceedings better than vague statements or claims based primarily on hearsay.
How confidential informant rules affect defendants
Sometimes, a defendant may be able to enter into a plea bargain that prevents a criminal record or lengthy incarceration because they agree to serve as a confidential informant. Other times, the state may have a thin, largely circumstantial case against the defendant without the testimony of the confidential informant.
Someone fighting criminal charges could use the often-questionable practices related to such informants as part of their defense strategy. Only those who understand how the state handles confidential informants and other potentially questionable sources of evidence will be fully empowered to handle their own criminal matters effectively.
Getting legal support for a criminal defense issue that may involve a confidential informant in some manner can benefit those who may be facing criminal charges.]]>On Behalf of Lindsey, Ferry & Parker, P.A.https://www.criminaldefenselawyersinorlando.com/?p=538542023-01-11T13:41:55Z2022-12-21T20:32:26Ztarget letter may make your heart sink. You may start thinking about if there is jail in your future and wondering how you can potentially protect yourself. When you understand what the target letter aims to accomplish, you may feel less anxious about your recent missive. Additionally, you will have the information you need to take the right steps to protect yourself.
What does a target of interest letter mean for you?
When you receive a target letter, that means that a federal prosecutor has reason to believe that you are a witness or have information that will play a role in a case. Typically, the letter serves to notify you of your status as a witness and to advise you that you will potentially need to testify in front of a grand jury.
A target letter effectively advises you that you will be subpoenaed for your testimony, which means that you have to prepare to talk about complicated matters in a federal court where the wrong statement could potentially lead to charges against you even if you aren't currently the focus of the investigation. You will very likely need to speak in front of a grand jury and federal prosecutors, and mistakes could be very costly.
Those who receive target letters often need professional support
Trying to navigate criminal matters without a lawyer's assistance will put you at a disadvantage, as you will have to learn about the law and also the skills related to presenting a case in court. Beyond that, even the most even skilled person may let their nerves get the better of them in a federal criminal court.
A lawyer can help you make sense of the notice that you received and discuss the case. They can help you identify where you may be vulnerable and how to best handle the situation, regardless of what federal attorneys ask you.
Remaining calm but taking the situation seriously will help you push for the best outcome when you find yourself unexpectedly involved in a federal investigation.]]>On Behalf of Lindsey, Ferry & Parker, P.A.https://www.criminaldefenselawyersinorlando.com/?p=537752022-10-18T20:57:15Z2022-10-18T20:57:15Zbillions of dollars annually.
People who hold policies can commit insurance fraud, and so can agents or adjusters working for insurance companies. Businesses, like medical practices, are also major sources of insurance fraud.
When you understand the elements of insurance fraud and what kind of behavior could lead to insurance fraud allegations, you will have an easier time identifying questionable behavior in professionals that you interact with and also in avoiding potentially fraudulent mistakes on your own part.
What are the elements of insurance fraud?
The first and most important element of insurance fraud is someone intentionally and knowingly misrepresenting a situation. They provide inaccurate information in the hopes of financial gain.
The second element of insurance fraud is that it directly relates to an insurance claim, an insurance application or an individual insurance policy. Finally, the false information must influence the outcome of an application for insurance or an insurance claim.
When all three of those elements exist, the situation may involve insurance fraud and could potentially even lead to criminal charges.
What are some examples of insurance fraud?
Some of the most common insurance fraud schemes involved businesses or professionals improperly billing for their services. Medical facility that treats older adults might bill for appointments that never occurred and assume that their patients would never know the difference.
Individuals can also engage in insurance fraud. Someone might fake an injury after a car crash to try to claim medical benefits, or they might report household items as stolen or damaged in a storm to replace them when they simply want an upgrade.
The bigger the impact of the alleged insurance fraud, the more likely it is that the individual accused will face criminal charges. Insurance fraud charges could lead to jail time and financial penalties for the person accused. Educating yourself about insurance fraud and other white-collar offenses can help you avoid making a potentially criminal mistake.]]>On Behalf of Lindsey, Ferry & Parker, P.A.https://www.criminaldefenselawyersinorlando.com/?p=537732022-08-22T20:53:06Z2022-08-22T20:53:06ZForensic science does contribute to many of the wrongful convictions that happen today. In fact, around 45% of all DNA exoneration cases are linked to issues with the forensics used in the case. Fortunately, you can take a stance against forensics and protect yourself against false allegations with the right approach.
What are some of the problems with forensic science?
There are several major issues with forensics. Some of these include that:
Forensics are invalid and unreliable as a discipline, because studies have shown that some methods used aren’t able to produce consistent results. For example, bite-mark analysis is often unreliable.
Some forensic disciplines don’t have enough research behind them to show that they’re actually valid. There may not been enough research to show that these methods are accurate or that they can be interpreted correctly.
Forensics can lead to misleading testimonies. The forensic information may overexaggerate the importance of certain evidence, or it may make it appear implied that the suspect is the source of the evidence when that isn’t necessarily the truth.
Forensics may downplay the importance of certain information, too, which could hurt a defendant.
Forensic testimonies may not go over the limitations of the methods used, minimizing the jury’s knowledge about how the evidence was obtained or analyzed.
Realistically, forensics are largely prone to error and may lead to false results or even fabricated evidence. That’s why it’s important to have your attorney go over the forensic evidence that has been collected and to take action to try to get it removed from evidence whenever possible.
Additionally, by knowing about the evidence, you can build your defense around showing why that evidence isn’t good or why it is not as important as it may seem. There are reforms and solutions being presented for the issues surrounding forensics, but until they are put into place, it’s vital to take forensic information with a grain of salt.]]>