The State's Burden: Recent Episodes
Andrew Darling
A legal podcast, bringing complex criminal law topics into everyday conversation and explaining the State's Burden and elements of crimes
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on February 28th, 2021
The State's Burden released this episode on April 28th, 2021
Driving with a Suspended License - You Mean I Can't Do That?
In the State of Florida we suspend licenses for just about anything. Failed to pay a ticket? Suspended. Failed to show up to court? Suspended. Failed to pay child support? Suspended. There are dozens of other reasons for a license to be suspended. We discuss the elements of a DWLS and how to avoid them and becoming a Habitual Traffic Offender.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on February 28th, 2021
The State's Burden released this episode on April 21st, 2021
You've Never Had a License? Ohhh, and You Were Caught Driving?
No valid driver’s license is an easy charge to understand. This is for if you are caught driving and have never had a Florida Driver’s license. If you have previously had a Florida Driver’s license you will be charged with a Driving while license suspended (DWLS). That is the subject of next week’s podcast.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on February 28th, 2021
The State's Burden released this episode on April 14th, 2021
How Many Times is a Charm? Felony DUI
Felony DUI is a result of multiple DUIs or the results from your DUI if there were serious injuries or death.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on February 28th, 2021
The State's Burden released this episode on April 7th, 2021
What or Who Did You Hit? DUI w/ Property Damage or Personal Injury
DUI as mentioned in the previous episode is a crime that does not care about your race or socioeconomic status. They are incredibly complicated to defend based on the very specific facts of the case. When you hit somebody or damage property, that is separate from a normal DUI.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on February 28th, 2021
The State's Burden released this episode on March 31st, 2021
The Crime That Does Not Care Who You Are – DUI
Driving Under the Influence will cover multiple episodes since there are different charges based on the situation. This is simple DUI under Fla. Stat. § 316.193(1). It is a misdemeanor and requires a lot of mandatory minimums.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on February 28th, 2021
The State's Burden released this episode on March 24th, 2021
Holding Somebody Against Their Will?
False Imprisonment requires that somebody be “confined, abducted, imprisoned, or restrained” against their will. There are a lot of details that are covered in the podcast.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on February 28th, 2021
The State's Burden released this episode on March 17th, 2021
These Are Not the Unlawful Protests You Came Here For
There is a lot of talk right now about protesting in the state of Florida. The protests that are prohibited by Fla. Stat. § 871.015 are not the ones that are being discussed now. These are protests related to funerals. They were enacted in the mid-2000s in a response to the Westboro Baptist Church picketing funerals of servicemembers killed in Iraq.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on February 28th, 2021
The State's Burden released this episode on March 10th, 2021
Did You Resist or Obstruct Your Own Arrest? Possibly
Most folks believe that “Resisting Arrest” is a charge. In Florida it is called “Resisting an Officer without Violence." With Fla. Stat. § 843.02 you can learn a little more about it. You must “resist, obstruct, or oppose” an officer in order to prove this charge. Make no mistake, it is The State’s Burden. This charge is often a stand alone charge when an officer tries to detain somebody without probable cause and then arrests them on this charge.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on January 17th, 2021
The State's Burden released this episode on March 3rd, 2021
Misdemeanor Stalking - How Much Contact is Too Much?
In Florida there is a lot of contact that could be considered Stalking. Most of which a lot of us would consider normal at best or weird and bothersome at worst. This is misdemeanor stalking, there are several other forms of stalking that we will discuss in later episodes.
To prove the crime of Stalking, the State must prove the following element beyond a reasonable doubt:
(Defendant) willfully, maliciously, and repeatedly [followed] [harassed] [or] [cyberstalked] (victim).
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on January 17th, 2021
The State's Burden released this episode on February 24th, 2021
Did you scare the cop or did you touch the cop? Or both?
After our episode last week where we discussed Assault and Battery we are following up with Assault and Battery on a LEO. There is one issue with the statute that I would like to point out here in the notes. Unlike assault on a regular person the LEO does not have to actually be in fear. If a “reasonable person” would have been in fear then that is enough to satisfy the element. Just another way that the FL Legislature writes laws that make it easier to convict when dealing with LEOs.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on January 17th, 2021
The State's Burden released this episode on February 17th, 2021
So…..Were you assaulted or were you battered? Or both?
Florida Statute sections 784.011 and 784.03 discuss assault and battery respectively. Here we cover the jury instructions as well as the actual statues. How they are different charges and how they can feel similar. Assault is putting somebody in fear of imminent violence. Battery is the actual physical contact that is harmful and/or unwanted.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on January 17th, 2021
The State's Burden released this episode on February 10th, 2021
What does disorderly conduct even mean in Orlando, FL?
Disorderly Conduct - City of Orlando, FL Municipal Ordinance 43.06. This ordinance was used in the Summer of 2020 to arrest dozens of peaceful protesters related to the George Floyd Protests. It has several sections and each of them are designed to attack common “quality of life” violations and give police officers an excuse to detain people.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on January 17th, 2021
The State's Burden released this episode on February 3rd, 2021
What are Reasonable Doubt and the Burden of Proof?
These two phrases are part of the foundation of criminal law. Here is the definition as utilized in Florida.
Reasonable doubt is defined in the jury instructions as “not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt. On the other hand, if, after carefully considering, comparing and weighing all the evidence, there is not an abiding conviction of guilt, or, if, having a conviction, it is one which is not stable but one which wavers and vacillates, then the charge is not proved beyond every reasonable doubt and you must find the defendant not guilty because the doubt is reasonable.”
The Burden of Proof is described by the following after a not guilty plea, “The defendant has entered a plea of not guilty. This means you must presume or believe the defendant is innocent. The presumption stays with the defendant as to each material allegation in the [information] [indictment] through each stage of the trial unless it has been overcome by the evidence to the exclusion of and beyond a reasonable doubt. To overcome the defendant's presumption of innocence, the State has the burden of proving the crime with which the defendant is charged was committed and the defendant is the person who committed the crime. The defendant is not required to present evidence or prove anything.”
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.
This podcast is brought to you by Andrew Darling Law, P.A. If you would like to be on the podcast, email me directly with questions or suggestions to podcast@andrewdarlinglaw.com. You can also find us on all the social media accounts @thestatesburden. The fastest way to get in contact is to fill out this Google Form, and I will get back to you.
The State's Burden created this episode on January 17th, 2021
The State's Burden released this episode on January 22nd, 2021
Introduction to The State’s Burden Podcast
The State's Burden Podcast is an audio and video podcast bringing complex criminal law topics into everyday conversations. We will go over what the State must prove in a criminal case: The State's Burden.
While I am an attorney, I am not your attorney, and you listening to this podcast does not mean I am giving you legal advice. If you have questions, please go to my website www.andrewdarlinglaw.com.