In a criminal trial, there is only certain evidence that a prosecutor is allowed to present in order to prove that the defendant is guilty. One kind of evidence that judges may exclude from trial is evidence that will prejudice the jury. In this context, that means that the jury…
Clearwater Criminal Lawyer Blog
Public Danger and Sentencing in Florida Criminal Cases
In many cases, a person convicted of a Florida crime Florida may have the option to stay out of prison on parole, probation or another form of supervised release. State judges, however, have some significant leeway to put people behind bars if they are deemed a threat to the public.…
Florida Prosecutors Can’t Retry Botched Drug Deal Case
Florida law generally bans prosecutors from charging a person with a new crime after he or she has already been tried on related offenses. The state’s First District Court of Appeal recently explained how that ban works in a case involving a botched drug deal. Defendant was charged with armed…
Florida Court Scraps Murder Conviction for 14-Year-Old Who Says He was Fall Guy
A Florida man who was sentenced to four decades behind bars when he was 14 years old is getting a new chance at freedom after a recent decision from the Second District Court of Appeal. Defendant was charged with first degree murder, stemming from an alleged 2010 robbery. One man…
Florida Man Gets 30 Years in Prison for Sex Trafficking
The U.S. Court of Appeals for the Eleventh Circuit recently took up the case of a Florida man convicted of acting as a pimp for a minor girl. The court’s decision is a good example of the serious consequences that can come with being charged with sex trafficking and the…
Florida Law Steps Up Penalties for Selling Drugs Near Churches
Florida criminal law calls for enhanced punishment in cases that involve the sale of drugs within 1,000 feet of a church, school or convenience store. The U.S. District Court for the Middle District of Florida recently took up a case that shows some of the difficulties that can come with…
Court Okays Sex Offender Treatment in Florida Car-Jacking Case
A Florida sex crime conviction is a serious situation that can have significant and lasting consequences. If you get arrested again, you may be looking at more severe penalties. As a recent decision out of the U.S. Court of Appeals for the 11th Circuit shows, a court has the right…
Shoplifting at Florida Wal-Mart Doesn’t Justify Fraud Charge, Court Says
In order to be convicted of a crime in Florida, a judge or jury has to find beyond a reasonable doubt that you committed the specific offense with which you have been charged. That means the burden is on prosecutors to prove each individual element of an offense, including specific…
Competency Issues in Florida Sex Crime Cases
Florida criminal cases involving a defendant with mental and emotional conditions can raise a number of complicated legal issues. The state’s First District Court of Appeal made clear in a recent sex crime case that there are certain circumstances in which a judge is required to hold a hearing to…
Hi-Tech Search for Florida Computer Okayed by Court
Technological enhancements give police officers stronger tools to investigate Florida crimes, track suspects and gather evidence. They also raise new questions about protections against unlawful searches and seizures, as a recent case out of Florida’s Second District Court of Appeal makes clear.Defendant was charged with a wide variety of Florida…