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…
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…
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…
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…
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…