In the context of criminal proceedings, the defendant’s guilt typically hinges on the interpretation of circumstantial rather than direct evidence. When viewed in its entirety, if the evidence in question does not demonstrate the defendant’s guilt beyond a reasonable doubt, the defendant should be able to avoid a conviction. In…
In Florida, the act of touching a person without their consent is unlawful, and people that engage in such behavior may be found guilty of battery. Notably, contact is an essential element of many battery crimes, and if the prosecution cannot establish that a person charged with battery made actual…
The Double Jeopardy Clauses in the state and federal Constitutions aim to protect individuals from being unfairly subjected to repeated prosecutions and punishments for the same offense. As such, if a defendant is convicted on multiple theft charges arising out of the same incident, they may be able to successfully…
In Florida, people convicted of offenses involving bodily harm to another individual may face a variety of penalties. For example, in addition to being sentenced to jail time and probation, a person may be ordered to pay restitution fees. The courts can only order a defendant to pay restitution for…
It is not uncommon for people to be charged with multiple crimes stemming from a singular incident. While the State can lawfully bring such charges, the prosecution must nonetheless prove the discrete elements of each offense in order to obtain guilty verdicts. If the prosecution fails to meet this burden,…
When it comes to sentencing people for crimes, federal courts can consider a range of factors, including uncharged conduct. Uncharged conduct refers to any criminal activity that the defendant may have engaged in but for which they have not been formally charged or convicted. In a recent ruling, a federal…
Underage people living in Florida have the same rights as adults with regard to criminal investigations. In other words, they have the right to be free from unreasonable searches and seizures. As such, if the police impermissibly detain a minor, the minor arguably cannot be deemed guilty of the commission…
The federal legislature aims to prevent people with extensive criminal histories from continuing to violate the law. Thus, they enacted statutes that allow the federal courts to impose greater penalties on career offenders. Only people convicted of certain crimes will qualify as career offenders, though, as explained in a ruling…
Under Florida law, a person can be arrested for and charged with a DUI offense absent evidence of their blood alcohol level. There are nonetheless limitations on when a police officer is permitted to arrest a person for misdemeanor DUI, though, as discussed in a recent Florida ruling in which…
Generally, the law precludes Florida courts from introducing evidence of a defendant’s prior misdeeds in order to establish their guilt. They can offer such evidence to the judge or jury for other reasons, though, as long as it does not become a central feature of the case. In a recent…