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January 2016 Archives

Proving criminal intent in criminal cases, P.1

Last time, we mentioned a bill currently under consideration by Florida lawmakers which would lower the mens rea, or criminal intent, requirement in public corruption cases. Intent is an important issue in criminal cases, and prosecutors would, of course, naturally favor changes that would lower the bar in terms of proving criminal intent.

Bill would lower mens rea requirement in public corruption cases

Public corruption, considered a white collar crime, is in some senses every bit as concerning for the public as are crimes involving violence and drugs. When public officials betray the public trust, they face an onslaught of criticism and condemnation from the public, not to mention the scrutiny of the court system. For prosecutors, the pressure to convict accused public officials may be significant, though it depends on the political dynamics at play and the specific nature of the allegations.

Could fantasy sports be next in line for a white collar crime crackdown?

As Super Bowl 50 draws near, we would like to remind you to take a look at our recent white paper: Are You Committing A Federal Crime By Playing Fantasy Sports? Despite the widespread popularity of fantasy sports, it is not entirely clear whether the activity is actually legal.

Florida AG to support blanket ban of synthetic drugs

Synthetic drugs have become a problem in recent years, not only from the standpoint of public health and safety, but also from the standpoint of criminal prosecution. Those who have followed the news regarding synthetic drugs in recent years know that prosecutors have trouble keeping up with the latest developments in the drugs, and in many cases must continually update laws banning synthetic drugs to ensure there is an adequate legal basis to support prosecution for new synthetic drugs coming out on the market.

Mark J. O'Brien's cases have been featured in:
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“Mark, thank you for everything. I will forever be indebted to you. You have stood by me and believed in me when it was not the popular thing to do. You are an amazing advocate.”
- Adam Filthaut
  • Former Partner at the Law Firm of Adams and Diaco (Robert Adams and Stephen Diaco)
  • MJ (Todd Schnitt) Morning Show/Bubba the Love Sponge Clem Trial
  • Attorney Phil Campbell DUI Setup/Florida Bar Trial
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