ABOUT THE AUTHOR

ABOUT THE AUTHOR

Brian Foster

Brian Foster is a criminal defense attorney in Florida with over 12 years of courtroom experience handling misdemeanor and felony cases. He focuses on explaining criminal charges, legal rights, and real-world legal outcomes in a clear and practical way, drawing from extensive trial experience and case strategy work.
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Legal term for one person killing another, covering both lawful and unlawful acts. Murder and manslaughter fall within this category, but they carry very different meanings in court. Murder and manslaughter fall within this category, each carrying very different meanings in court. Under Nevada law, the distinction depends heavily on the person’s state of mind at the time. In news coverage, these terms are often used interchangeably, which can be misleading. In reality, each classification carries very different legal consequences, shaping how a case is charged and ultimately decided in court. In this blog, you’ll learn about homicide, murder, and common law terms that are essential for you. What is Homicide? Homicide is the legal term for any act in which one person causes the death of another. It does not automatically mean a crime occurred. A soldier in combat, a police officer using lawful force, and a person acting in self-defense all fall under the legal definition of homicide. Under NRS 200.190, justifiable or excusable homicide leads to acquittal.  NRS 200.180 defines excusable homicide as a killing that occurs during a lawful act, without any intent to cause harm. Criminal homicide arises when no legal justification exists. Nevada law then divides it into murder and manslaughter based entirely on the person’s state of mind at the time. Every murder is a homicide, but not every homicide is a crime. That distinction directly affects liability and shapes probable cause determinations in Las Vegas criminal cases. What is Murder and Manslaughter? Murder and manslaughter are both forms of unlawful homicide, but they differ in one element: malice. Murder requires it. Manslaughter does not. Murder, defined under NRS 200.010, is when someone deliberately kills another person. It is an unlawful act and is considered a serious crime. This includes express malice, where there is […]

Aaron Hernandez had a $40 million NFL contract, a Super Bowl appearance, and one of the most promising careers in football. Then Odin Lloyd, a semi-pro linebacker connected to him through family, was found shot to death in an industrial park about a mile from Hernandez’s home. The question behind the case still pulls readers in is, why did Aaron Hernandez kill Odin Lloyd? Prosecutors argued the killing was tied to paranoia, broken trust, and Hernandez’s fear that Lloyd had become a liability. From a criminal defense perspective, that distinction matters because the state did not need one perfect motive to win. It needed jurors to believe the timeline, conduct, and evidence pointed in the same direction. Aaron Hernandez and Odin Lloyd: Who They Were Aaron Hernandez was a New England Patriots tight end whose public image looked like a success story. He had money, fame, and a major role on one of the NFL’s most visible teams. Odin Lloyd lived outside that spotlight. He played semi-pro football for the Boston Bandits and was dating Shaneah Jenkins, the sister of Hernandez’s fiancée, Shayanna Jenkins. That relationship brought Lloyd into his personal circle. He was not a stranger or a rival. He was someone Hernandez had spent real time around, someone who moved through the same spaces as the people Aaron trusted most. That connection made the case more disturbing. Prosecutors had to explain why a famous athlete would turn on someone so closely tied to his family life. The Friendship Between Aaron Hernandez and Odin Lloyd Source:CNN & CTPublic The friendship between Aaron Hernandez and Odin Lloyd appeared casual but close enough to matter. They spent time together, knew some of the same people, and were linked through the Jenkins family. Lloyd’s killing stood out for exactly that reason. He […]

The case involving Betty Gore and Candy Montgomery remains one of those true crime stories that is hard to scroll past. I think part of the reason it still gets attention is that people do not just read it as an old Texas case. They read it with questions, opinions, and a need to understand how something so disturbing could end the way it did. Decades later, the case continues to draw attention not just because of the violence, but because of what a Texas jury decided to do with it, and why that decision remains legally coherent even if it feels wrong to many people. From books and interviews to modern streaming adaptations, the case keeps resurfacing for new audiences who want to understand why it still feels so unsettled. Who Were Betty Gore and Allan Gore? Betty Gore, born in 1950, was a middle school teacher and a devout member of the First United Methodist Church of Lucas in Collin County, Texas. She married Allan Gore, a technical specialist in the booming Dallas-Fort Worth technology corridor. Together they settled into suburban life in Wylie, a small town east of Dallas, and had a daughter named Alisa. Betty was on maternity leave with their second child when the summer of 1980 arrived. Allan worked in a sector that was pulling young families into the area by the thousands. Their church was the center of their social world, as it was for many of their neighbors. Betty taught Sunday school. Allan played volleyball at church events. To anyone watching from the outside, the Gores were a thoroughly ordinary Texas family, which is part of what makes this case so difficult to set down once you start reading it. Candy Montgomery and the Beginning of the Affair Candace “Candy” Montgomery moved […]

FTA arrest is often more serious than people realize. Even a single missed appearance can trigger law enforcement action, and the consequences can escalate quickly if it’s not addressed. Understanding how an FTA arrest works and what steps to take immediately can make a big difference in managing the situation. In this blog, I’ll explain what an FTA arrest is, how it differs from related legal issues like warrants or charges, and what happens during the arrest process. You’ll also learn practical actions to take after an arrest, the potential consequences, and strategies to resolve the matter efficiently. By the end, you’ll have a clear roadmap for responding effectively if this happens to you or someone you know. What is an FTA Arrest? An FTA (Failure to Appear) arrest happens when law enforcement detains someone for failing to appear in court as ordered. Unlike an FTA charge, which is just a record of a missed appearance, an FTA arrest involves immediate legal action and can result in being taken into custody. Law enforcement usually acts after the court issues a warrant following the missed hearing. Officers may locate the person during routine stops, investigations, or at their residence. It is worth understanding the difference between an FTA charge and an FTA arrest, since the legal exposure and required response differ significantly between the two. Once found, the individual is taken into custody, booked, and informed of their rights. The process is designed to ensure compliance with the court’s orders and keep legal proceedings moving. Common Situations that Lead to an FTA Arrest Courts understand that people miss court dates for real reasons. Medical emergencies, miscommunication about dates, family crises, and even clerical errors all happen. None of those reasons automatically prevents a bench warrant from being issued, but they can matter […]

I have sat across from people charged with serious crimes, reviewed evidence files, and listened to explanations for violence that most people never hear outside a trial setting. But the Gainesville Ripper case, the story of Danny Rolling, is one that stops me for different reasons. Not because of its brutality alone, but because of how many points along the way something could have changed, and nothing did. In August 1990, something happened in Gainesville, Florida, that the college town was completely unprepared for. Students fled mid-semester. Parents drove through the night. And for weeks, no one could say with certainty who was responsible or whether it was over. The name Danny Rolling would not be publicly confirmed for months. But when it was, the details that emerged painted a picture far more complex than the headlines suggested, one that stretched back years before Gainesville and involved a pattern that investigators had never fully connected. As a Florida criminal defense attorney, I have followed the legal record of this case closely, and the procedural failures are as instructive as the crimes themselves. Let’s get into the story. Who Was Danny Rolling? Daniel “Harold” Rolling was born on May 26, 1954, in Shreveport, Louisiana. His father, James Rolling, was a Shreveport police lieutenant, a detail that carries a particular irony given what his son would eventually become. The Rolling household was defined by fear. James physically abused his wife and both sons repeatedly, sometimes tying Danny and his younger brother together outside as punishment. Danny’s mother was hospitalized for a nervous breakdown when Danny was in third grade. His cousin later told the South Florida Sun-Sentinel that the abuse was completely unpredictable; it could switch on and off with no warning. Teachers described Danny as having an inferiority complex with poor […]

Murder is not treated as a single, one-size-fits-all offense under U.S. law. Instead, the legal system separates it into different degrees, most commonly first-degree and second-degree murder, and in three states, third-degree murder as well. Each category reflects a different level of intent, planning, and circumstances, which directly affects how the case is prosecuted and the severity of punishment. This blog goes beyond surface-level definitions. It explains how these charges work in real courtrooms and highlights differences across states, with particular attention to Florida, where I practice. It also compares how other countries handle similar crimes and offers practical insights for anyone dealing with or trying to understand serious criminal charges. What is Third Degree Murder? Third-degree murder is a lesser-known homicide charge that exists in only three U.S. states: Florida, Minnesota, and Pennsylvania. It applies to situations where a death occurs without premeditation and without a clear intent to kill, placing it below first- and second-degree murder but above manslaughter in seriousness. The key element that defines third-degree murder is extreme recklessness. This means the accused engaged in conduct so dangerous that it showed a complete disregard for human life. Unlike manslaughter, which often involves negligence or heat-of-the-moment actions, third-degree murder requires conduct that crosses a higher threshold, behavior a reasonable person would recognize as almost certain to cause death, not merely possible. Each state interprets the charge slightly differently. Under MN Stat. § 609.195, Minnesota limits it to deaths caused by dangerous acts without targeting a specific individual, while Pennsylvania’s 18 Pa. C.S. § 2502(c) includes certain drug-related deaths. Florida’s Fla. Stat. § 782.04 may apply when a death occurs during the commission of a non-violent felony. Penalties are severe, often resulting in lengthy prison sentences, reflecting the serious nature of the reckless conduct. Third Degree Murder Laws: […]

Most drivers have heard the term, but very few actually know what really goes on during a roadside stop. Things can shift fast in that moment, and what feels like a normal interaction can suddenly carry serious weight. Knowing what a field sobriety test is before you are ever asked to take one can change how you handle the situation. This blog breaks down how these tests work, what officers look for, your rights at the time, and what can happen depending on your response. One detail often missed: drivers do not officially pass or fail these tests. Officers are trained to watch for specific signs in your behavior. Those signs are then used to decide the next step. That matters because the outcome depends on how those observations are interpreted, not just what you actually do. What is a Field Sobriety Test? A field sobriety test is a set of physical and mental tasks done on the roadside to check if a driver may be impaired by alcohol or drugs. These tests do not take place at a police station; they are usually conducted right after a traffic stop, when officers use them to observe signs before deciding whether to make an arrest or request a chemical test. It helps to understand where these tests fit in the legal process, since an officer only needs reasonable suspicion to pull you over, which is a lower standard, and field sobriety tests are then used to build probable cause, the higher threshold required for an arrest. Understanding the difference between being detained vs arrested can help you recognize which stage of this process you are in. These tests are not designed as a neutral measure of sobriety, but rather as a way to collect observations that may support an arrest decision. […]

Every year, people end up facing criminal charges over a small orange pill they never imagined could land them in serious legal trouble. The question of whether Adderall is illegal does not have a simple yes or no answer, and that gap between what people assume and what the law actually says is exactly where charges happen. It is a legitimate, widely prescribed medication for millions of people, and at the same time, one of the most tightly regulated controlled substances in the country. Whether what you are holding is legal depends on details most people have never considered. The circumstances that lead to an Adderall-related charge rarely look like what most people picture when they hear the phrase “drug arrest.” A college student shares a pill with a roommate before finals. Someone carries their medication in a weekly pill organizer rather than in the pharmacy bottle. A prescription runs out, and a few leftover pills stay in the medicine cabinet. None of these situations feels criminal. But depending on your state and what an officer finds, they can be treated as one under both state and federal law. Understanding exactly where those legal lines are drawn,and what charges can follow when they are crossed,is the focus of this blog. Legal Disclaimer:  This article is for general informational purposes only and does not constitute legal advice. Laws vary by state and are subject to change. If you are facing criminal charges related to Adderall or any controlled substance, consult a licensed criminal defense attorney in your jurisdiction before taking any action. Why is Adderall a Controlled Substance? The Drug Enforcement Administration (DEA) classifies Adderall as a Schedule II controlled substance under the federal Controlled Substances Act. Schedule II is not a middle-ground category. It is the same tier as cocaine, […]

Most people do not expect a simple bar robbery to expose something much bigger, but that is exactly how the Lindsay Shiver trial came into the spotlight. Back in July 2023, police in the Bahamas were checking phones during a routine case, and they found a message that changed everything overnight. That message led straight to Lindsay Shiver, a former beauty queen and mother of three, whose life looked stable but was already falling apart. As the Lindsay Shiver update continues, more details about her marriage, alleged affair, and custody fight have started coming out in court. I will walk you through the Lindsay Shiver trial, including key updates, what really happened, and how the case reached this point. But before we get into the legal side, it helps to first understand who Lindsay Shiver really is and how this situation began. Who is Lindsay Shiver, & What is She Charged with? Lindsay Shiver, a 38-year-old woman from Alabama, is now at the center of a high-profile criminal case. In early 2023, her marriage to Robert Shiver began to break down, leading to a contested divorce, a custody dispute, and rising personal conflict. What started as a private family issue quickly escalated into a criminal investigation that drew national attention. Lindsay Shiver, along with Terrance Bethel and Faron Newbold Jr., is charged with conspiracy to commit murder under Bahamian law, pursuant to Section 89(1) of the Penal Code (Chapter 84). Prosecutors allege she planned to have Robert Shiver killed, pointing to sources found during an unrelated police investigation. All three defendants have pleaded not guilty, and the Lindsay Shiver trial formally began in Nassau, Bahamas, in March 2026. What Happened in the Bahamas: The Murder-for-Hire Plot Things did not suddenly blow up in the Bahamas, and the real tension had […]

You missed a court date, and now what? Before you assume it was just a harmless oversight, you need to understand that in the eyes of the law, missing a scheduled court appearance after being released on bail is a serious criminal offense. What is bail jumping? It is not simply forgetting a date on the calendar. It is a distinct legal violation that can stack new charges on top of the ones you are already fighting, result in immediate arrest, and seriously damage your case going forward. As a criminal defense attorney with years of courtroom experience, I have seen how quickly a missed court date can spiral into a far more complicated legal situation. This blog post breaks it all down clearly. Bail Jumping Meaning: The Core Legal Definition Bail jumping is a criminal offense that occurs when an individual who has been released on bail intentionally fails to comply with the terms and conditions of their release or fails to appear in court as required. In plain terms, it means you were let out of custody, promised to show up, and did not. If a defendant fails to appear in court or violates the agreed conditions of release, the defendant is said to have jumped bail. In some cases, only violating release conditions without missing court entirely can also be referred to as “violating a bond.” What makes bail jumping distinct from a simple no-show is the legal weight it carries. Bail jumping can be charged as a separate crime in both state and federal courts. As a result, a defendant who fails to appear in court will continue to face their original charge, may forfeit bond, and may face a separate bail jumping charge. That means you are not trading one problem for another. You are […]