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Clearwater Criminal Lawyer Blog

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Court Discusses Standard for Consolidating Trials and Admitting Collateral Crime Evidence in a Florida Solicitation to Commit Murder Case

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…

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Florida Court Affirms Sentence Despite Discrepancies in the Information Charging the Defendant

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…

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Florida Court Upholds a Juvenile’s Sentence of 100 Days of Detainment Following Probation Violations

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…

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Court Discusses Burden of Recognizing Incompetence in Florida Criminal Cases

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…

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Florida Court Reverses Sentence Based on Impermissible Factors

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…

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Florida Court Vacates Dual Burglary Convictions Due to Double Jeopardy Violation

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…

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Court Rules a Judge can Consider an Arrest Without a Conviction During a Florida Community Control Revocation Hearing

When a defendant is convicted of a crime there are certain factors that the court can consider when determining an appropriate sentence. For example, a court is not permitted to consider a defendant’s arrest for a subsequent crime when imposing a sentence for the primary offense the defendant was convicted…

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