If you are caught with drugs, you may think that you should just plead guilty and accept the consequences. However, depending on your situation, this may not be the best idea. Sometimes, the evidence against you may have been found during an illegal search. If the police perform an improper…
Clearwater Criminal Lawyer Blog
Sexual Battery Conviction Can Stand, Says Florida Court
Under the laws of the United States, defendants have a right to act as their own counsel if they so choose. However, the state still has a responsibility to make sure that the defendant is competent enough to make these choices. In a case heard by the Florida First District…
Florida Court Reverses Probation Violation
In a case that recently came out of the First District Court of Appeals in Florida, the appeals court reversed the trial court’s finding of a probation violation. If you are given a suspended sentence or probation, and you believe that you were wrongly accused of violating those conditions, you…
Florida Court Holds that Sentence Violates Constitution
If you are convicted of a crime in Florida, the state has many different options regarding punishment for that crime. For example, states can force people to pay restitution or fines, and give people probation or jail time. However, there are laws around the kind of sentence someone gets. These…
Prejudicial Police Testimony Deemed Harmless Error in Florida Drug Case
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…
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…