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In Florida, defendants accused of sexual offenses have the right to a fair trial, which includes proper jury instructions and limits on prejudicial testimony. As such, if improper instructions are offered, it may violate the defendant’s constitutional rights. Recently, a Florida court addressed whether testimony about grooming behavior and jury instructions on lesser-included offenses were appropriately handled in a sexual offense case. If you are accused of a sexual offense, it is essential to meet with a Clearwater sex crime defense attorney to explore your possible defenses.

History of the Case

It is reported that the defendant was convicted of lewd or lascivious molestation and exhibition involving a minor under the age of 12, stemming from an incident in which the defendant allegedly lured the victim into a secluded area of his vehicle. Allegedly, the defendant exposed himself and initiated inappropriate physical contact. Evidence presented at trial included the victim’s testimony, a video interview conducted by a forensic investigator, and witness accounts of the defendant’s interactions with the victim.

It is alleged that during the trial, the State presented testimony from a forensic investigator who explained the concept of “grooming” behaviors often associated with sexual abuse. The defendant objected to this testimony, arguing it was improperly admitted as expert testimony and unfairly prejudiced the jury. The defendant also requested that the court instruct the jury on a lesser-included offense of “unnatural and lascivious acts,” which the court denied. The jury subsequently convicted the defendant on both counts, and he appealed. Continue reading →

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In Florida criminal cases, the law generally prohibits the prosecution from introducing evidence that the defendant previously committed crimes or other bad acts in order to establish guilt for the charged offense. As discussed in a recent Florida ruling issued in a gun crime case, such evidence can be offered for other reasons, such as demonstrating intent. If you are charged with a weapons offense, it is prudent to consult a Clearwater gun crime defense lawyer about your options.

Factual and Procedural Setting

It is alleged that the defendant was charged and convicted of knowingly possessing a firearm as a felon in violation of federal law. The events leading to his arrest occurred in February 2020, when Miami police officers responded to the sound of gunshots. As the officers neared the source of the shooting, they observed a silver car speeding away, leading to a high-speed chase through city streets. The vehicle drove recklessly, running red lights and stop signs before ultimately crashing. Inside the car, the officers found the defendant in the backseat. Firearms and ammunition were recovered from the vehicle’s rear floorboard. The car belonged to the defendant’s mother.

Reportedly, investigators linked the gunfire to a nearby apartment complex, where a man had been shot in the head. Spent cartridge casings from the scene matched the firearms found in the vehicle. Surveillance footage from the apartment complex also showed gunshots being fired from the back of a car resembling the silver car. Forensic analysis revealed gunshot residue on the defendant’s left hand. Before trial, the government filed a motion to introduce evidence of the defendant’s prior felony convictions for firearm possession in 2011 and 2014 to demonstrate his knowledge and intent. The defendant sought to exclude this evidence but was unsuccessful, and he was subsequently convicted. He then appealed.

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People convicted of felonies in Florida often not only have to serve sentences but also usually lose certain rights and privileges, including the right to vote. As such, if they subsequently vote in a state or national election, they may be charged with additional crimes. Recently, a Florida court clarified which government agencies in Florida have the right to prosecute such offenses in a matter in which the state appealed the dismissal of charges related to voter fraud. If you are accused of a crime of fraud, it is smart to speak with a Clearwater fraud crime defense lawyer about your options.

Factual and Procedural Background

It is reported that the defendant was charged with providing a false affirmation on a voter registration application and voting as an unqualified elector. The charges stemmed from his conviction in 1989 for violating Florida Statutes, which caused him to lose his voting rights under the Florida Constitution. Despite not having his voting rights restored, the defendant submitted voter registration applications in 2019 and 2020, affirming on both that he was either not a convicted felon or that his voting rights had been restored.

Allegedly, the defendant subsequently voted by mail in the 2020 election. The Office of Statewide Prosecution (OSP) charged him with violating voter registration and voting laws. The defendant moved to dismiss the charges, arguing that the OSP lacked jurisdiction because the alleged crimes occurred solely in Broward County and did not affect two or more judicial circuits as required for OSP jurisdiction. The trial court agreed with the defendant and dismissed the charges, finding that the OSP did not have jurisdiction to prosecute the case. The state appealed.

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People convicted of domestic violence crimes will often be subject to a no-contact order, barring them from interacting with the protected party. If the court fails to issue such an order, the State may move to amend the sentence. If the party found guilty of the domestic violence crime is in the process of appealing their conviction, however, the State’s request should be denied while the appeal is pending, as discussed in a recent Florida opinion. If you are charged with a crime of domestic violence, you should speak to a Clearwater violent crime defense lawyer regarding what steps you can take to protect your rights.

History of the Case

It is reported that the defendant was convicted and sentenced for several offenses, including armed burglary of a conveyance with a battery. During the incident, the defendant allegedly stalked and battered the mother of his child using a sawed-off shotgun. Despite the nature of the crimes, the trial court did not impose a mandatory no-contact order as required by Florida law at the time of sentencing. After the sentencing, the defendant appealed his conviction.

Allegedly, while the appeal was pending, the State filed a motion to correct what it perceived as a sentencing error, alleging that the defendant had written multiple letters to the victim from prison, which she wanted to stop. The State sought to amend the sentence to include a no-contact order. The defendant objected to this motion, arguing that the trial court lacked jurisdiction to amend his sentence during the appeal. Nonetheless, the trial court granted the State’s motion and added the no-contact order to the defendant’s sentence. The defendant then appealed this decision.

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Penalties for DUI crimes can range in severity; in cases involving death, DUI convictions can result in life imprisonment. Sentences imposed in DUI cases must reflect the evidence and the jury’s findings, though, and if they exceed the statutory maximums, they can be challenged. As discussed in a recent Florida case, if the State demonstrates a death was the direct result of a DUI offense, a sentence of life imprisonment will likely be upheld. If you are faced with DUI charges, it is advisable to talk to a Clearwater DUI defense lawyer about your possible defenses.

Factual and Procedural Background

It is reported that the defendant was charged with numerous counts of DUI manslaughter. At trial, the court instructed the jury that to convict the defendant of DUI manslaughter, it must find beyond a reasonable doubt that he drove while impaired, resulting in the deaths of the victims. The jury found him guilty, and he was subsequently sentenced to five consecutive terms of life imprisonment for multiple counts of DUI manslaughter.

It is alleged that the defendant appealed, contending that his sentence exceeded the statutory maximum based on factual determinations not made by a jury beyond a reasonable doubt. Specifically, he contested the enhancement of his sentence on the grounds that the jury did not find that his actions directly resulted in the deaths of five victims, arguing that this “direct result” finding required a higher level of causation than his convictions for DUI manslaughter and that the evidence presented at trial did not definitively establish this causal link.

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Posted in: DUI
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Child abuse is a serious offense that carries substantial penalties. While many child abuse charges arise out of direct involvement with children, they can also arise out of other scenarios that unintentionally place a child in harm’s way. For example, in a recent Florida case a defendant was charged with aggravated assault and child abuse after reportedly shooting into a building. As demonstrated in that case, acquittal on assault charges filed along with child abuse charges does not necessarily necessitate a not guilty verdict for the child abuse offenses. If you are accused of engaging in acts that constitute child abuse, it is wise to confer with a Clearwater child abuse offense defense lawyer to evaluate your potential defenses and what measures you can take to protect your interests.

History of the Case

It is alleged that the state charged the defendant with numerous crimes, including aggravated assault with a firearm, as well as five counts of child abuse in violation of Florida law. The charges stemmed from an incident where the defendant was accused of shooting into a building and committing aggravated assault with a firearm against two adults.  The jury found the defendant not guilty of shooting into the building and guilty of the lesser included offense of assault on the charge of aggravated assault with a firearm. The defendant challenged the convictions and sentences, arguing that the jury’s verdict was legally inconsistent because it acquitted him of the shooting charge while convicting him of child abuse and assault.

Determining if a Jury’s Verdict is Inconsistent

On appeal, the court reviewed the evidence offered during the case to determine if the jury’s verdict was legally inconsistent. In doing so, it referred to established legal principles, noting that a true inconsistent verdict requires an acquittal on one count to negate a necessary element for conviction on another count, rather than a logical or factual inconsistency.

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In criminal cases, the prosecution is prohibited from introducing certain evidence. This includes evidence, like hearsay, that violates a defendant’s right to confront their accuser. There are exceptions to the general rule against hearsay, though, that will allow the prosecution to admit out of court statements. For example, the child victim rule generally permits prosecutors to offer statements by minors who are victims of crimes, as long as such statements are reliable, as explained in a recent ruling issued in a Florida sex crime case. If you are charged with committing a sex offense, it is in your best interest to speak to a Clearwater sex crime lawyer to determine what measures you can take to protect your rights.

Factual and Procedural Setting

It is reported that the defendant was charged with sexual battery of the victim, who was a child under twelve, and lewd or lascivious molestation of the same victim. The state sought to introduce similar fact evidence of other crimes, specifically the sexual assault of a thirteen-year-old, and child hearsay evidence regarding text messages and interviews involving the other child.

Allegedly, the defendant objected to the admissibility of the statements, arguing they failed to meet legal criteria and were prejudicial. The trial court overruled the objections. Following a trial, a jury found the defendant guilty on both counts. He appealed, arguing that the child hearsay statements were inadmissible because the child was not the victim named in the charging document.

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People accused of sex crimes will, at times, determine that it is best to enter a guilty plea in hopes of receiving a reduced sentence. In some cases, though, the courts will enter a greater sentence than the defendants anticipate. In such instances, the defendant may be able to appeal the sentence issued, but if they cannot demonstrate that the court committed an error, their appeal will likely be denied, as shown in a recent Florida case. If you are accused of a sex crime, it is prudent to consult a Clearwater sex crime lawyer regarding your rights.

Factual and Procedural Background

It is alleged that the defendant was charged with using a minor to produce child pornography, distributing child pornography, and possessing child pornography. The charges stemmed from an incident in October 2021, in which an online FBI employee received messages containing child pornography from an individual later identified as the defendant. Subsequent investigations revealed the defendant involvement in the production, distribution, and possession of child pornography, including images and videos of his daughter.

Reportedly, a search of the defendant’s residence uncovered evidence supporting the charges. The defendant pled guilty to all counts without objection and faced an advisory guidelines sentence of life imprisonment. At sentencing, the defendant did not contest the PSR’s recommendation. The district court considered various factors, including the defendant’s military service, and sentenced him to 840 months. He then appealed.

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Generally, if people commit multiple criminal acts, they will be charged and tried for said offenses in a single case. If the crimes do not rely on the same evidence or otherwise overlap, however, they may be tried separately. This is especially true in cases in which evidence of one crime may be prejudicial to a defendant in a hearing for a different offense. In a recent Florida opinion, the court discussed the grounds for severing charges in a theft case in which it ultimately denied the defendant’s motion to dismiss. If you are accused of a theft crime, it is smart to talk to a Clearwater theft crime lawyer attorney as soon as possible.

History of the Case

It is alleged that the defendant faced charges in a two-count superseding indictment, including theft of social security funds and forcibly assaulting a federal officer with a deadly weapon. The charges stemmed from allegations that the defendant’s deceased wife continued to receive Social Security benefits after her death, resulting in overpayments. Surveillance footage showed the defendant negotiating checks made payable to him with his deceased wife’s forged signature. When federal agents went to the defendant’s residence to investigate, he initially denied involvement but later admitted to the transactions.

Reportedly, however, when faced with arrest, the defendant refused to surrender, leading to a confrontation with federal agents where he threatened them with a deadly weapon. After the defendant was indicted, he filed a motion seeking to dismiss the assault charge, arguing it was unduly prejudicial and inflammatory. He also contended that the charges were not of the same or similar character, and the evidence did not overlap.

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While criminal defendants will often assert their innocence, in some instances, it makes sense for them to enter a guilty plea. For example, a defendant will often plead guilty with the expectation that they will receive a reduced sentence for their convictions. Guilty pleas do not automatically result in lesser sentences, however, as demonstrated in a recent Florida case in which a woman argued that her sentence for identify theft and other crimes was unreasonable. If you are accused of a theft offense, it is wise to confer with a Clearwater theft crime lawyer attorney about your options.

Factual and Procedural Background of the Case

It is alleged that in 2019, a federal grand jury issued a superseding indictment against the defendant, charging her with multiple counts, including conspiracy to commit access device fraud, aggravated identity theft, and possession of unauthorized access devices. The defendant pleaded guilty to two counts, and the government dropped the remaining charges. The presentence investigation report (PSI) detailed the defendant’s criminal activities dating back to December 2014, when she was observed engaging in suspicious behavior at a department store with another woman.

Reportedly, the defendant and the other woman made purchases using a department store credit card under the name of an individual identified as L.B., who denied any association with the defendant. Upon the defendant’s arrest, police found multiple pieces of mail and credit cards not belonging to her in her car, along with personal identifying information (of various individuals. The defendant had previously faced charges related to similar offenses at the state level, though the case was eventually dismissed. Following her federal indictment, the PSI calculated the defendant’s offense level and criminal history, which included prior convictions for theft and fraud. The defendant was sentenced to 30 months’ imprisonment, after which she appealed, asserting that her sentence was procedurally and substantively unreasonable.
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Posted in: Theft
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