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…
The Constitution guarantees that all criminal defendants get a “speedy trial.” If you are familiar with the law, you will know that speedy is relative. If a defendant is denied a speedy trial, then they may be able to be released. The definition of what constitutes “speedy” will vary depending…
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…
The justice system understands that sometimes an individual needs to use deadly force against another in order to defend themselves. “Self-defense” is what is called an affirmative defense. An affirmative defense means that the defendant is acknowledging that they committed the crime they are charged with, but that they had…
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…