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…
When a criminal defendant is convicted of a sex crime, the court is allowed to consider certain mitigating or aggravating factors, such as prior convictions or the lack thereof, in determining an appropriate sentence. When a court considers an impermissible factor in sentencing a defendant, however, it can be grounds…
When a person is required to register as a sexual offender it can impact his or her life long after the sentence for any crime is served. Florida strictly construes the sexual offender registration requirements, and a person may be required to register as a sexual offender even if he…