The United States criminal justice system is based on the idea that defendants are innocent until proven guilty. The court wants to make sure that when someone is found guilty by a jury, they are actually guilty. There are safeguards built into the criminal justice system to protect innocent defendants…
Clearwater Criminal Lawyer Blog
Florida Appeals Court Says Trial Court Abused Discretion in Sexual Abuse Case
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.…
DUI Manslaughter Case Heard by Florida Court
If you are charged with DUI in Florida, you may be facing serious consequences depending on your blood alcohol content, whether you have had previous DUIs, and a number of other factors. However, if you are driving while intoxicated and cause the death or serious injury of another person you…
Florida Appeals Court Allows Jail Phone Call Evidence to Stand
There are specific laws regarding what evidence prosecutors are allowed to use to prove their case in court. As will be discussed in more detail below, the state can present relevant evidence as long as its probative value is not outweighed by the prejudicial effects on the defendant. In this…
New Trial for Man Convicted of Attempted Murder in Florida
If you are charged with a crime, the prosecution has the burden of proving that you committed all the elements of the crime in order to convict you of that crime. Some crimes involve an element that requires a specific mental state which depends on what a defendant was intending…
Sex Crime and Burglary Defendant Attempts Statute of Limitations Defense in Florida
A recent case heard by the Florida Supreme Court addressed the appealability of certain statutes of limitations. Statutes of limitations refer to the time period that someone has to bring a case in court. For criminal matters, the state is responsible for prosecuting certain crimes before a specific deadline that…
Death Penalty Affirmed by Florida Supreme Court in Murder Case
In Florida, people convicted of certain crimes may be sentenced to death for those crimes. However, there are some people who are constitutionally protected from the death penalty due to their status or characteristics. For example, the United States Supreme Court has declared it unconstitutional to sentence someone to death…
Lawyer Must Inform Defendant About Possible Deportation, Says Florida Court
If you are not a citizen of the United States, and you are convicted of a crime, it may result in being deported back to your home country. This is clearly a notable consequence, and lawyers are supposed to advise their clients of this if it is a possibility. If…
Court in Florida Considers Double Jeopardy Claim
In the United States, once a defendant has been adjudicated on a charge, they cannot be tried for the same crime again. It’s an extremely important principle, but one that you may not think about that often. Like many elements of the law, it is not quite as straightforward as…
Florida Court Reverses Sex Crime Conviction on the Basis of Mental Incapacity Instruction
The Florida Fourth District Court of Appeal recently reversed a man’s conviction for sexual battery because of an improper jury instructions. Before a jury goes to deliberate, they may be given instructions related to the charges against the defendant or other circumstances of the case. Sometimes the instructions will include…