Category: Blog

          Before someone can be lawfully convicted of both false imprisonment and robbery, it must be proven that the movement or confinement associated with the false imprisonment was not "slight, inconsequential, and merely incidental" to the robbery.  Such movement is considered slight and inconsequential when it is necessary or intertwined with the commission of the […]

When someone is charged in an alleged drug conspiracy and that person is located in an automobile that has drugs in it at the time of his arrest, it is not enough that he is merely present in the car; there must also be “circumstances evidencing a consciousness of guilt” on his part before he […]

In order to get your criminal record sealed or expunged in Florida, there are certain legal requirements that you must meet before a judge is even allowed to consider whether he or she will grant your request to seal or expunge your record.  But if you do meet those requirements, a judge still is not required to grant […]

          In Florida, the crime of false imprisonment is defined as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will."  If the confinement is of a child who is less than 13 years old, it is against her will only if it occurs […]

          In the case of Gray v. State of Florida, Mr. Gray was convicted of kidnapping based on the following facts:             "Gray entered a convenience store in Fernandina Beach on February 24, 2004, at around 11:00 p.m., wearing a mask. He seized the clerk by the hair, threatening to blow her head off […]

Florida appellate courts have repeatedly said that simply moving a robbery victim at gunpoint from one room to another, even if a door is closed and the victim is ordered not to come out, does not constitute the crime of kidnapping.   For example, in the case of Cole v. State of Florida, Mr. Cole […]

          In Florida, the crime of kidnapping can be committed in four different ways.              "The term 'kidnapping' means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:   1.  Hold for ransom or reward or as a shield or hostage. […]

          In the case of State of Florida v. Figarola, Mr. Figarola was charged with child abuse because he struck his son Carlos twice for refusing to eat food which Mr. Figarola had prepared and served.  Mr. Figarola split Carlos' lip when he struck him, and he also caused Carlos to choke while trying to […]

          In the case of King v. State of Florida, Mr. King, who was a school administrator, was charged with child abuse based on the following facts:             "One of the disciplinary policies at Charlotte Regional Christian Academy is the use of     corporal punishment, and the parent of each enrolled student signs a form consenting […]

          In Florida, the crime of child abuse is defined as the:   (a)  Intentional infliction of physical or mental injury upon a child;   (b)  An intentional act that could reasonably be expected to result in physical or mental injury to a child; or   (c)  Active encouragement of any person to commit an act that results […]