Should I talk to police if I am accused of murder?
Absolutely not. Do not make any statements to law enforcement without an attorney present. Your silence cannot be used against you, but your words can and will be. Contact an attorney immediately and let them handle all communication with law enforcement.
What is Florida’s Stand Your Ground law?
Under Florida Statutes Section 776.012, a person may use deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm. The Stand Your Ground provision eliminates the duty to retreat before using force. A successful self-defense claim results in complete acquittal.
Can a murder charge be reduced?
Yes. Through negotiation or at trial, a first-degree murder charge can potentially be reduced to second-degree murder or manslaughter if the evidence does not support premeditation or depraved mind. Reductions dramatically change the sentencing exposure.
What is the felony murder rule?
Florida’s felony murder rule allows a first-degree murder charge when a death occurs during the commission of certain felonies, even if the defendant did not intend to kill anyone and did not personally cause the death. All participants in the underlying felony can be charged.
What is the difference between first-degree and second-degree murder?
First-degree murder requires proof of premeditation, meaning the killing was planned in advance, or that the death occurred during the commission of certain enumerated felonies (felony murder). Second-degree murder involves an act of depraved indifference to human life without premeditation. First-degree murder carries death or life without parole; second-degree carries up to life in prison.
Does the smell of marijuana still justify a vehicle search?
This is an evolving area of law. With over 750,000 registered medical marijuana patients in Florida, the odor of marijuana no longer automatically indicates criminal activity. Defense attorneys increasingly challenge marijuana-odor-based searches, and some Florida courts have begun questioning the reliability of odor alone as a basis for probable cause.
Can a marijuana conviction be expunged?
If charges are dismissed or you complete a diversion program, you may be eligible for expungement. If you received a withhold of adjudication, record sealing may be available. A formal conviction is generally not eligible for expungement under Florida law.
What is the difference between a misdemeanor and felony marijuana charge?
Possession of under 20 grams is a first-degree misdemeanor (up to 1 year jail, $1,000 fine). Possession of 20 grams or more is a third-degree felony (up to 5 years prison, $5,000 fine). Cannabis concentrates like wax and shatter are charged as felonies regardless of the amount.
Does Florida recognize out-of-state medical marijuana cards?
No. Florida does not recognize medical marijuana cards from any other state. Visitors with out-of-state cards face the same criminal penalties as anyone else possessing marijuana without a valid Florida medical card.
Is recreational marijuana legal in Florida?
No. Recreational marijuana remains illegal in Florida. A 2024 ballot initiative received 56% voter support but failed to reach the 60% supermajority required to amend the state constitution. Only medical marijuana is legal for registered patients with qualifying conditions.
