In the Florida criminal court system, a career offender designation can result in increased jail time. There are specific criteria that must be met before a defendant can be designated a career offender, and an improper designation can result in unjust penalties. Recently, a federal court issued an opinion clarifying what…
One of the protections afforded criminal defendants is the prohibiting of hearsay testimony as evidence of a crime. While there are certain exceptions to the rule against hearsay, they are strictly construed. As shown in a recent case ruled on by a District Court of Appeal of Florida, if a trial…
Florida law sets forth the evidentiary standards that apply in both criminal and civil proceedings. An important rule of evidence that is often invoked is the prohibition of hearsay evidence at a criminal trial. The standards applicable at a criminal trial may not be the same as those that apply…
Double jeopardy principles prohibit the state from charging or trying a defendant more than once for the same crime. In some cases where dual offenses result from the same factual scenario, double jeopardy precludes a defendant from being convicted for both crimes. This is not true with all crimes involving…
Criminal cases involving multiple defendants can be complicated. When defendants conspire to commit a crime, what crime each defendant is charged with depends on the original intent of the defendants, and whether the crimes ultimately committed fell within the scope of the initial plan. Under Florida law, the independent act…
While every suspect is presumed innocent until proven guilty, in some cases it makes sense for a person charged with a sex crime to enter into a plea agreement or to plead guilty and allow the court to assess a penalty based on that plea. Even if a defendant concedes…
Florida, like most states, treats minors charged with crimes differently than adults. The Florida Rules of Juvenile Proceeding provide more safeguards for protecting the rights of juveniles charged with crimes, and the failure to comply with the rules can result in the reversal of a conviction. This was illustrated in…
Florida law affords individuals convicted of crimes certain rights with regards to sentencing. For example, certain sentences must be orally pronounced, and with few exceptions, a defendant has the right to be present at his or her sentencing hearing. As the District Court of Appeal for the Second District of…
If you are convicted of a crime, that does not necessarily mean you can no longer appeal your conviction or sentence. If subsequent rulings determine that a law or method used to evaluate your guilt is unconstitutional, your conviction may be overturned or your sentence may be reduced. For example,…
Under Florida law, a lesser included offense is a less serious crime that is incorporated into a more serious crime. For example, a lewd and lascivious act, which is a misdemeanor, is a lesser included offense in several felony level sex crimes. In cases where the jury is permitted to…