In federal criminal cases, convictions often hinge on whether the charged offense meets the statutory definition of a predicate crime. This definition impacts sentencing enhancements, particularly for crimes involving firearms. Recently, a Florida court explored whether various offenses, including bank robbery, qualify as crimes of violence under federal law. If…
Clearwater Criminal Lawyer Blog
Florida Court Reviews Testimony and Jury Instructions in Sexual Offense Case
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…
Florida Court Discusses Evidence of Prior Bad Acts in a Gun Crime Case
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…
Florida Court Examines Jurisdiction to Prosecute Cases
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…
Florida Court Discusses Sentence Amendments During Appeals
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…
Court Discusses DUI Manslaughter Sentences
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…
Florida Court Discusses Inconsistent Verdicts in Criminal Cases
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…
Florida Court Discusses Child Victim Hearsay in Sex Crime Cases
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…
Florida Court Explains Factors Considered in Reviewing Sentences
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…
Florida Court Addresses the Dismissal of Prejudicial Charges
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…