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…
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,…
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…
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…
When a defendant is convicted of a crime and sentenced to probation, the court has broad leeway in determining what probationary terms are appropriate. While the court’s discretion is broad, it is not unbounded, however, and any conditions of probation must be reasonably related to the crime for which the…
Many people convicted of sex crimes are required to register as sex offenders as part of their sentence, and if they fail to register, they can be charged with a criminal offense. Not all defendants who are convicted of sex crimes must register as sex offenders, however, as explained in…
In many instances, when a defendant is charged with sexual battery, the State relies solely on circumstantial evidence in support of the allegations against the defendant. Thus, if the admissibility of any of the State’s evidence is questionable, it may be prudent for the defendant’s counsel to object to the…
Criminal defendants are granted numerous rights under state and federal law, that aim to protect them from unjust outcomes. Notably, a criminal defendant’s rights are not extinguished if he or she is found guilty of a crime. Rather, criminal defendants are protected from unfair sentences as well. This was demonstrated…
The law affords many rights to people accused of sex crimes, such as the right to confront their accusers. In some instances, however, the court may determine that the rights of the alleged victim or privilege between the victim and another party outweigh the defendant’s rights, and bar the defendant…
When a person is charged with a crime, the State will generally seek to introduce any evidence of the person’s guilt. Thus, the State will often not only attempt to introduce facts that demonstrate that the defendant committed the crime, but also facts that suggest the defendant’s knowledge of his…