A high-profile Pinellas County murder case recently got new life from the Florida Supreme Court. The decision is a good example of how seriously courts take murder charges, and also of the strict legal requirements that have to be met before a person can be sentenced to death.The defendant was…
Clearwater Criminal Lawyer Blog
Proving Intent in Florida Sex Crime Cases
Intent is a central part of many criminal cases in Florida, including those related to sex crimes. The trouble is that it can be tough to get inside a person’s head and determine what exactly he or she was thinking at a particular time. That is why cases such as…
Florida Tax Fraudster’s Plea Deal Means 30 Months in Prison
Plea deals are an important tool for anyone facing criminal charges in Florida. These arrangements often allow you to avoid long, drawn-out court battles. They also give you the chance in many cases to lessen the impact of a conviction on you and your family. When considering these deals, however,…
Constructive Possession in Florida Child Pornography Cases
Florida child pornogrphy laws can be a complicated maze, especially for someone who has never been charged with a crime before. One thing that anyone facing criminal charges in Florida – and elsewhere – should know is that the burden is at all times on prosecutors to prove that you…
Clearwater Driver in Fatal DUI Crash Stays Behind Bars
Florida police and courts take driving under the influence of drugs and alcohol very seriously. A DUI conviction can come with stiff penalties, including jail time, heavy fines, and the loss of driving privileges. The consequences of a conviction are particularly severe in cases involving repeat offenders and those in…
Florida Drug Possession Acquittal Overturned on Appeal After Finding that Evidence of “Constructive Possession” Existed at Trial
As with many crimes, Florida drug possession can be prosecuted in a variety of different ways. It’s clear that if a person is arrested with contraband on his or her person, that might be used as evidence to prove the crime. However, what happens when the drug is present in…
Cruise Ship Sexual Assault Occurring in International Waters is Prosecutable under Florida Criminal Law
The cruise ship industry is a major source of revenue in Florida, and in fact, Florida law seeks to protect cruise-goers by extending subject matter jurisdiction to criminal acts that occur on cruise ships that leave Florida ports. However, the Third District Court of Appeals in Miami recently heard a…
Fourth District Court of Appeals Affirms Kidnapping Conviction, Analyzing What Constitutes a “Confinement Crime” Under Florida Kidnapping Law
In a Florida kidnapping case, the issue on appeal was whether the defendant’s kidnapping convictions reflected Florida confinement law. The defendant argued that his actions did not constitute kidnapping because themovements of his victims were slight and inconsequential and did not assist the commission of another crime. The defendant allegedly…
Florida Manslaughter Conviction Upheld as Appeals Court Rules that Prosecution Did Not Improperly Comment on Defendant Not Testifying
The United States Constitution grants criminal defendants the right not to testify in their trial. See U.S. Const., Amend. V. From this right, the Florida Supreme Court has ruled that commenting in such a way that can be interpreted to cast light on the defendant’s failure to testify is an error…
Circumstantial Evidence was Sufficient to Uphold First-Degree Murder Conviction of Florida Man
Criminal cases require prosecutors to present evidence in order to obtain a conviction. Evidence generally comes in two varieties: direct and circumstantial. Examples of direct evidence include eyewitnesses to a crime or a ballistics report stating that the defendant’s gun fired the bullet that killed the victim. Circumstantial evidence, by contrast,…