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Tag Archives: criminal proceedings

The Independent Act: Co-Defendants Can Be Arrested, Charged and Convicted

In the State of Florida, co-defendants can be arrested, charged and convicted for the actions of their cohorts; even if one co-defendant knew of the elements of the criminal enterprise, but did not actually commit the crime itself. But isn’t it a defense in Florida to argue that the co-defendant who did not “know” of the plan to further the criminal episode is in fact protected by Florida’s “independent act doctrine.” The answer is yes, and more importantly was just written about extensively in an opinion from the 4th District Courts of Appeals that overturned Palm Beach Circuit Judge Stephen A. Rapp’s decision that condemn a woman for life. At the onset, there is nothing nice or good to say about Judge Rapp and in fact he has caused the… […]

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Florida’s Bail and Pre-Trail Release Process

In Florida, most criminal defendants or those accused of a crime have a right to bail or pre-trial release as matter of law. See Florida General Statute 893. Those accused of crimes in Florida that do not have a right to bail or pre-trial release are those individuals facing crimes punishable by death or life imprisonment or those defendants that the state seeks to file a motion for pretrial detention. Overall, the vast majority of criminal defendants in Florida are released on bail or pre-trial release after being arrested. The conditions of the pretrial release or bail can differ greatly from accused to accused. The First Appearance Judge is the one who sets the conditions of bail or pretrial release for those facing criminal charges in Florida. The first purpose… […]

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