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…
In criminal cases, the burden of proof is on the prosecution to prove that the defendant committed all the elements of the crime. Specifically, the prosecution has the burden to prove these elements beyond a reasonable doubt. In a case recently heard by the Florida Third District Court of Appeal,…
“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…
Many people who are convicted of crimes in Florida will have to serve a term of probation as part of their sentence. Probation is a punishment somewhat in between incarceration and freedom. The specifics can differ depending on the individual and their charges, but when someone is on probation they…