While most people involved in car accidents stop to assess the damage, speak to anyone else involved, and give a statement to the police, some people panic and leave the place where the accident occurred without stopping. When they come to their senses, they often wonder if they can be…
Clearwater Criminal Lawyer Blog
Florida Court Discusses Evidence Needed to Prove Kidnapping
In many instances in which a person is accused of committing a crime, he or she will face additional charges due to acts that allegedly occurred during the commission of the crime. For example, it is not uncommon for a person charged with robbery to face kidnapping charges as well.…
Court Discusses Reviewing a Denial of Acquittal Under Florida Law
In order to obtain a conviction in a criminal case, the State must present evidence sufficient to establish that the defendant committed each element of the charged offense beyond a reasonable doubt. If the State’s case is severely lacking in competent evidence, a defendant may be able to obtain an…
Florida Court Discusses Motions for Disqualification in Criminal Matters
A person charged with a crime has the right to a fair and impartial trial. This means, among other things, that if a judge demonstrates bias or evidence suggests that the judge is otherwise unable to rule in an objective manner, the defendant can file a motion for recusal. In…
Florida Court Discusses Evidence Needed to Prove a First Degree Murder Offense
Under Florida law, a person does not actually have to participate in the physical act of killing another human to be charged with offenses related to the murder. In other words, a person who helps another person plan and commit a murder may be charged as a principal to first-degree…
Florida Court Discusses Admissibility of Prior Bad Acts at Criminal Trials
It is not uncommon for a person facing criminal charges to have a history of prior criminal activity. In the interest of providing all criminal defendants with a fair trial, however, the State typically must refrain from introducing evidence of prior crimes at trial. There are certain exceptions when evidence…
Florida Court Explains Crimes of Violence Under Federal Law
A criminal defendant may face grave penalties if he or she is convicted of using a firearm in furtherance of a crime of violence. Depending on the nature of the accusations against the defendant, however, he or she may be able to seek dismissal of the charges on the grounds…
Florida Court Discusses Evidence of Prior Bad Acts in Criminal Cases
When a person is charged with a sex crime, the State will often seek to introduce evidence of other inappropriate sex acts that the individual allegedly engaged in, in an effort to prove motive or a pattern of conduct. Evidence of collateral crimes is only admissible in certain instances, however,…
Florida Court Discusses Factors a Court May Consider in Issuing Sentences
When a person is convicted of committing a crime, the court will rely on numerous factors in determining an appropriate sentence. While the court is permitted to consider some information outside of the facts relating to the present conviction, if a court considers certain evidence, such as crimes for which…
Florida Court Discusses Downward Departure Sentences
In some cases in which a person is charged with a sex crime, the person can avoid a conviction or obtain a lesser sentence if the evidence demonstrates that the alleged victim willingly participated in sexual activity with the defendant. Recently, a Florida court discussed when evidence that a victim…