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What is entrapment in Florida?

Simply put, entrapment occurs when a law enforcement official or a confidential informant induces an individual to commit a crime when that person otherwise would not have done it. Entrapment related offenses often include drug sales, cyber crimes, and prostitution solicitation. Under Florida law, there are two types of entrapment defenses: subjective and objective. In subjective entrapment, the defendant must show that law enforcement induced them to commit an act outside of their normal behavior. In objective entrapment, law enforcement is accused of engaging in egregious behavior.

How long does it take to get a speedy trial in Florida?

Under state law, the accused must be brought to trial within 90 days of an arrest for a misdemeanor and 175 days for a felony. If a trial does not commence by the deadline, the charges are not automatically dismissed, but the defendant can file a “Notice of Expiration of Speedy Trial Time.” If the trial does not begin within 15 days of the notice, there is a possibility that the case could be dismissed. Note that when the defense requests delays, the speedy trial defense is waived.

Is it legal to use deadly force in Florida?

In the state of Florida, it is lawful to use force, including deadly force, to defend yourself, another person, or property. According to the state’s “ Stand Your Ground ” law, an individual does not have a “duty to retreat” if they feel there is an imminent threat of death or severe bodily injury. Self-defense can sometimes be a difficult legal ...

What are the two things a prosecutor must prove?

In order to convict a person of a crime, typically, a prosecutor must prove two things: First, that a crime was committed, and second that you, the defendant, were the perpetrator. These two components play into how you and your Tampa defense attorney will develop your ...

When is duress used in criminal defense?

The defense of duress is used when a defendant asserts that they had no choice but to engage in criminal activity because of a threat of harm. For example, a person may be told that their child will be killed unless they commit a crime. It’s important to remember that duress can only be used as a defense if you can show that you had no way of escaping from the situation.

Can you use justification as a defense?

When using justification as a legal defense, you are basically saying, “yes, I committed the act, but I can’t or shouldn’t be held responsible.” The following are common reasons why someone would use a justification defense. It’s important to note that such a defense is best handled by a skilled criminal defense attorney who can adequately present a narrative based on legal know-how and not just an explanatory story.

What is the burden of proof in criminal cases?

In the United States, the burden is on the prosecution to prove beyond a reasonable doubt that the defendant committed a crime. One simple legal defense is simply to say, “I didn’t do it,” and force the prosecution to provide sufficient evidence that a crime was committed and that the defendant was responsible.