If you are convicted of a crime, that does not necessarily mean you can no longer appeal your conviction or sentence. If subsequent rulings determine that a law or method used to evaluate your guilt is unconstitutional, your conviction may be overturned or your sentence may be reduced. For example,…
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…
Some people mistakenly believe that circumstantial evidence is insufficient to convict a defendant of a crime. Direct evidence a defendant committed a crime is not required to support a conviction, however. In certain cases, what seems like trivial evidence can support a conviction for serious crimes. For example, in a…
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…
Courts and judges do not have total discretion when sentencing defendants who have been convicted of crimes. Along with the general sentencing guidelines that lay out the potential penalties for each crime, there are also a number of statutory factors that courts must consider. An experienced Clearwater violent crimes defense…
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…
As part of the penalty for being convicted of a crime, some defendants are sentenced to probation. This may be in addition to or instead of jail time. Many defendants prefer a longer term of probation over a shorter term of incarceration because they are able to live in the…
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 has specific sentencing laws that govern the sentence for those convicted of crimes. There are a number of different ways that sentencing laws come into play, including mandatory minimums and increasing penalties for subsequent crimes of the same nature (think of DUI, for example). Your skilled Clearwater criminal defense…
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…