In Florida criminal cases involving multiple charges, whether or not those charges are tried together can have a significant impact on a defendant’s right to a fair trial. Defendants frequently seek to sever unrelated charges to prevent prejudicial spillover from one count to another, particularly in serious felony cases. However,…
Clearwater Criminal Lawyer Blog
Florida Court Discusses Grounds for Vacating White-Collar Crime Convictions
People convicted of federal white-collar offenses will often pursue multi-pronged appeals, raising both evidentiary and procedural challenges. However, the standards governing such appeals are highly deferential to the government, and courts are generally reluctant to overturn jury verdicts absent clear error. A recent Florida decision highlights the difficulty of reversing…
Florida Court Discusses Double Jeopardy Violations
In Florida, people accused of crimes have numerous protections, including the right to be free from being tried or convicted more than once for the same offense. This does not mean that people cannot be charged with multiple offenses from a single criminal episode, though, if the legislature explicitly authorizes…
Florida Court Discusses Evidence Needed to Establish Attempted Murder
In Florida criminal cases, convictions for attempted second-degree murder often hinge on whether the defendant’s actions meet the statutory definition of acting with a “depraved mind.” This determination plays a crucial role in evaluating a defendant’s mental state, particularly when circumstantial evidence is involved. Recently, a Florida court explored these…
Florida Court Explores What Constitutes Crimes of Violence
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…
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…