Child abuse is a serious offense that carries substantial penalties. While many child abuse charges arise out of direct involvement with children, they can also arise out of other scenarios that unintentionally place a child in harm’s way. For example, in a recent Florida case a defendant was charged with…
Clearwater Criminal Lawyer Blog
Florida Court Discusses Child Victim Hearsay in Sex Crime Cases
In criminal cases, the prosecution is prohibited from introducing certain evidence. This includes evidence, like hearsay, that violates a defendant’s right to confront their accuser. There are exceptions to the general rule against hearsay, though, that will allow the prosecution to admit out of court statements. For example, the child…
Florida Court Explains Factors Considered in Reviewing Sentences
People accused of sex crimes will, at times, determine that it is best to enter a guilty plea in hopes of receiving a reduced sentence. In some cases, though, the courts will enter a greater sentence than the defendants anticipate. In such instances, the defendant may be able to appeal…
Florida Court Addresses the Dismissal of Prejudicial Charges
Generally, if people commit multiple criminal acts, they will be charged and tried for said offenses in a single case. If the crimes do not rely on the same evidence or otherwise overlap, however, they may be tried separately. This is especially true in cases in which evidence of one…
Florida Court Discusses Reviewing a Sentence for Reasonability
While criminal defendants will often assert their innocence, in some instances, it makes sense for them to enter a guilty plea. For example, a defendant will often plead guilty with the expectation that they will receive a reduced sentence for their convictions. Guilty pleas do not automatically result in lesser…
Florida Court Explains Legally Inconsistent Verdicts in Criminal Matters
Under Florida law, the State can charge a defendant with felony murder if a person dies during the defendant’s commission of a felony offense. A conviction for a felony is an essential element of felony murder, and if the State cannot establish the defendant committed a felony crime, the defendant…
Florida Court Discusses Sentences in White-Collar Crime Cases
Although white-collar crimes do not typically cause bodily harm, the courts nonetheless punish people convicted of such offenses harshly. While the courts generally must comply with sentencing guidelines when issuing sentences, the guidelines allow for significant latitude, and as long as a sentence is not deemed unreasonable, it will likely…
Florida Court Discusses Scoring Out-of-State Convictions During Sentencing
In Florida, people convicted of sex crimes may be sentenced to lengthy terms in prison. Additionally, if they have a history of prior convictions, their sentence may be increased. As discussed in a recent Florida opinion, this is true regardless of whether the convictions were imposed by another state. If…
Court Explains Evidence Establishing Guilt for Felony Theft Crimes in Florida
Under Florida law, theft crimes are graded, in part, by the value of the object stolen. As such, in many instances, the State is required to prove the market cost of the diverted goods in order to demonstrate the defendant’s guilt. If the State is unable to meet this burden,…
Florida Court Discusses Evidence Establishing Illegal Structuring
Under Federal law, banks are required to report cash deposits that exceed a certain amount on the basis that they may indicate that people are attempting to avoid paying income tax. Some people attempt to evade this requirement by structuring their deposits in a manner that will not trigger the…