Individuals charged with a crime in Clearwater have a right to due process under the state and federal constitutions. Due process includes the right to be adequately informed of the basis of any crimes or violations with which a defendant is charged. The right to due process does not end…
A person charged with a crime in Florida has certain rights that the State is not permitted to violate in order to obtain a conviction. For example, if a person is charged with more than one crime the state is limited as to whether evidence of the first crime can…
A person accused of committing a sex crime has the right to a fair trial which includes the right to be represented by an attorney. A defendant who is charged with a sex crime is afforded the right to an attorney even if he or she does not have sufficient…
When a person is charged with a crime in Florida, the State sets forth the charges in an information. An information must set forth the facts regarding the alleged crime and the statute of the offense charged. An information is not immune from human error, and in some cases, the…
If you are charged with a crime, the State is required to produce sufficient evidence of each element of the crime to convict you. For example, to prove a defendant committed grand theft, the State must show that a defendant stole the property of another person and that the value…
Under Florida law, juvenile defendants are subject to a different set of rules and standards than adult defendants in the criminal court system. For example, if a juvenile defendant is found to be in violation of a court order, the law allows the defendant to be sentenced to detainment in…
Florida law provides criminal defendants with certain rights and protections, in an effort to avoid unjust convictions. One example of these protections is that a defendant must be mentally competent to proceed with a trial. If a defendant is incompetent, or his or her competence is not adequately evaluated prior…
In many instances when a defendant is charged with a crime, he or she will remain in jail until the ultimate disposition of the case. Often, when a defendant who is found guilty or pleads no contest to criminal charges is sentenced to imprisonment, a court will grant the defendant…
In Florida, felony convictions are reviewed under the state sentencing guidelines. The guidelines were created in an effort to impose fair and uniform sentences for felony crimes and allow the court to consider factors related to the offense to determine an appropriate sentence. When a court imposes a sentence within…
One of the protections afforded criminal defendants by the United States Constitution is the prohibition of double jeopardy. Double jeopardy prevents a defendant from being tried or convicted more than once for the same crime. While multiple criminal charges can arise out of a singular act if a defendant is…