Under Florida law, a lesser included offense is a less serious crime that is incorporated into a more serious crime. For example, a lewd and lascivious act, which is a misdemeanor, is a lesser included offense in several felony level sex crimes. In cases where the jury is permitted to…
If a defendant is asking the court for something, usually they need to file a motion. A motion is a document that asks the court to take a specific action. When a defendant files a motion with the court, there are specific requirements that the motion must conform to in…
Unless the weapon used to commit a crime is recovered, it may be unclear what kind of weapon it is. In a case heard by the Florida First District Court of Appeal, a defendant argued that his conviction for a Florida robbery with a firearm should be overturned. His position…
In Florida, as in all states, defendants need to be competent in order to stand trial. If a defendant is not sufficiently competent enough to meaningfully participate in their own defense, then they are not constitutionally allowed to stand trial. In a case that was recently heard by the Fourth…
Florida law allows a defendant to have their sentence reduced in certain specific situations. This is called a “downward departure.” Generally, defendants are eligible for a downward departure in their sentence when there has been a specific extenuating circumstance that makes a downward departure just. Your knowledgeable Clearwater criminal defense…
Rape shield laws were created to help protect sexual assault victims from invasive inquiries into their sex life. Florida law prohibits the defense from entering into evidence any specific instances of consensual sex between the victim and anyone other than the defendant. In this case, the victim allegedly had consensual…
When a defendant is charged with a crime, at trial the only evidence that should usually be put forward by the state is evidence related to those crimes charged. However, sometimes there are circumstances for the crimes alleged that require explanation. In some of those situations, the state will need…
“You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney…” You have probably heard this recitation on legal procedural TV shows dozens (or hundreds) of times. This is called the “Miranda” warning. The…
It is crucial that criminal defendants get a fair trial. One of the ways that the justice system assures fairness is by making sure the jury that is selected is impartial. Typically, both sides of a trial will get a specific number of peremptory challenges. Peremptory challenges allow either side…
In a case heard by the Florida First District Court of Appeal, a man challenged his conviction for capital sexual battery and lewd molestation. He argued that the convictions should be thrown out because the trial court improperly prevented evidence from being admitted. All convictions must be supported by evidence.…