Under Florida law, the use of force is acceptable in certain circumstances. As such, a person charged with a crime involving the use of deadly force may be able to argue that the actions out of which the charges arose were justifiable self-defense. Self-defense is not justified if a person…
Clearwater Criminal Lawyer Blog
Florida Court Explains Consent in Sex Crime Matters
Under Florida law, it is illegal to engage in sexual activity with someone without their consent, and such behavior can result in sexual battery charges. Notably, affirmative refusals are not required to demonstrate a lack of consent; instead, it can be established by showing a person lacked the capacity to…
Florida Court Discusses Evidence of DUI Sufficient to Obtain a Warrant
In many cases, a person is charged with a DUI offense in Florida because they were pulled over while driving under the influence of alcohol or drugs. If a person is suspected of causing a collision while inebriated but the police have no proof that the individual drove the car…
Florida Court Discusses the Evidence Needed to Convict a Defendant
In Florida, people can be charged with assault and other violent crimes, even if they simply intend to damage property. Regardless of the nature of the crime a defendant is accused of committing, though, the State must prove each element beyond a reasonable doubt, and if it fails to do…
Florida Court Discusses Evidence of Prior Crimes in Criminal Cases
In criminal matters, the prosecution bears the burden of proving, beyond a reasonable doubt, that the defendant committed the charged offense. Generally, the prosecution is permitted to introduce any relevant evidence in support of its position. Certain evidence, like prior convictions or bad acts, is typically deemed inadmissible, however, subject…
Florida Court Discusses Penalties for Traffic Violations
While people often think of traffic offenses as minor infractions, they can often result in significant penalties. Additionally, the sentencing guidelines for traffic violations carry the same weight as other crimes, and if a court fails to provide them their due regard, it may result in the reversal of a…
Florida Court Discusses Early Termination of Supervised Release
People convicted of drug crimes often face substantial penalties. For example, they may be sentenced to both imprisonment and supervised release. In some cases, an offender may be eligible for early termination of supervised release, however. In a recent Florida ruling, the court discussed what factors the courts consider in…
Florida Court Discusses the Sixth Amendment Right to a Speedy Trial
The United States Constitution grants people numerous rights, including the right to a speedy trial. As such, if the State violates the Constitutional rights of a criminal defendant, it may result in a dismissal of the charges against him or her. The evidence needed to prove charges should be dismissed…
What’s the Difference Between Theft and Burglary in Florida?
People in Florida are generally aware that taking another individual’s property without permission is illegal, but they often lack an understanding of the precise acts an individual may be charged with for stealing or otherwise depriving a person of property. For example, many people think of burglary as involving theft,…
What is a Felony in Florida?
Many people are aware that, in Florida, crimes are classified as misdemeanors and felonies. Few people truly understand the ramifications of being charged with or convicted of felony offenses, however. Fortunately, Florida law explicitly explains what constitutes a felony and the potential punishments that may be imposed on people convicted…