Orlando, FL Criminal Law Lawyer

The criminal justice system generally seeks to balance the safety of the public with the rights of those who have been accused or convicted of criminal activity. When individuals are convicted of sex crimes, many are compelled to register with state and federal officials in the name of public safety. These offenders have their names, residences, personal information and even photos routinely posted on the Internet.

These registries are meant to inform the public. But do the practical costs of registration outweigh the benefits? Recent studies suggest that at least with regards to teen offenders, the answer to this question may be yes. Teens are often charged with relatively minor sexual offenses. Many are convicted of illegal sexual activity after engaging in consensual acts with teens near to them in age. However, they are often forced onto registries and the consequences can be catastrophic.

The United States Supreme Court has been wrestling with several substantial cases this term. The two marriage equality cases currently being considered and the two dog-sniffing Fourth Amendment challenges recently ruled upon are only some of the cases that have been before the Court this session. In addition to these high-profile cases, the Court has ruled on several important criminal defense matters, including a critical privacy-related holding that was virtually unnoticed by the public or media when it was handed down two months ago.

A challenge had been placed before the Court which questioned the ability of the federal government to legally eavesdrop on citizens' international e-mails and telephone calls. The Court turned the challenge back in a 5-4 vote. In essence, the Court has declined to rule on the constitutionality of the law that currently permits the federal government to engage in such action.

"You have the right to remain silent." While not all Americans understand that this sentence is the beginning of one's Miranda rights, nearly all adult Americans understand that this right exists. Popular movies and television programs have taught the public that when you are arrested, you can refuse to speak to law enforcement until you have an attorney present.

This right is critical to ensuring that one's criminal defense is the subject of just and proper due process. Unfortunately, there are exceptions to this right and related rights that can bite an accused person if he or she is not careful. Currently, the United States Supreme Court is considering arguments related to one potential "right to remain silent" exception.

Much research has been done in recent years on the effects that solitary confinement has on inmates. Studies suggest that improper and over-zealous use of solitary confinement can severely harm inmates both mentally and physically. Florida is in a unique position to rectify some of these preventable wrongs. As the state which incarcerates more juvenile offenses than any other, it can set an example for limiting the use of solitary confinement and regulating what use continues to occur.

A state senator recently introduced the "Youth in Solitary Confinement Reduction Act" into the legislative agenda. The bill seeks to both limit the use of solitary confinement for juvenile offenders and to minimize the catastrophic physical and mental impacts that continued use would have on Florida youths.