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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 at a supervised release revocation hearing, however.

The United States Court of Appeals for the Eleventh District of Florida recently clarified this issue, in a case where the defendant appealed the revocation of his supervised release, arguing that the state improperly relied on hearsay evidence in obtaining the revocation.  If you are a Clearwater resident currently facing criminal charges, it is in your best interest to retain a seasoned Clearwater criminal defense attorney as soon as possible to help you formulate a defense.

Prior Conviction and Subsequent Alleged Violation 

Allegedly, in 2009, the defendant pled guilty to possession of crack cocaine with the intent to distribute and possession of a firearm in relation to a drug trafficking offense and was sentenced to 111 months’ imprisonment and five years of supervised release. His supervised release began in 2016. Approximately one year later, the district attorney sought a warrant for the defendant’s arrest, alleging he violated the terms of his supervised release by committing a multitude of crimes, including aggravated battery.

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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 multiple offenses, however, as illustrated in a recent case arising out of a Florida court of appeals.

The court, in that case, rejected the defendant’s argument that he could not be convicted of both robbery and theft because it constituted double jeopardy, affirming his conviction of both charges.  If you face criminal charges in Clearwater, you should confer with a seasoned Clearwater criminal defense attorney to help you develop a strategy for your defense.

 Factual Scenario

Reportedly, an armed robbery occurred at a convenience store. Police suspected the defendant committed the robbery as well as other robberies and conducted an investigation. The defendant was subsequently charged with armed robbery, grand theft, and possession of a firearm by a convicted felon, based on the results of the investigation. A jury convicted the defendant of armed robbery and petit theft. The defendant was sentenced to life in prison. He appealed his conviction arguing, among other things, that he could not be convicted of both robbery and theft because it constituted double jeopardy. The court of appeals rejected his argument and affirmed his conviction.

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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 doctrine allows a co-conspirator to avoid conviction for a crime if it was not foreseeable under the original plan.

In a recent case arising in a Florida Court of Appeals, the court explained when an instruction on the independent act doctrine is appropriate.  If you live in Clearwater and are facing criminal charges, you should consult an experienced Clearwater criminal defense attorney to discuss your case and what defenses you may be able to set forth.

 Trial Testimony

Reportedly, the defendant was charged with first-degree felony murder and armed burglary. During the trial, the state presented evidence the defendant and three other individuals went to the victim’s apartment, with the intent to rob the victim. While he was in the victim’s apartment, the defendant took the victim into a room and threatened to kill the victim’s fiancé if the victim did not tell the defendant where drugs where hidden. Additionally, the defendant hit the victim in the head with a gun. The defendant subsequently told the victim’s fiancé he was going to kidnap the victim for ransom. The victim was forced into the trunk of his car which was driven from the scene by one of the defendant’s co-conspirators. The victim subsequently escaped from the trunk and was shot and killed by one of the defendant’s co-conspirators.

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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 guilt to a crime, however, the law still affords the defendant the right to a fair and appropriate sentence for the offense charged.

Recently, in a case arising out of the Court of Appeals for the Eleventh Circuit, the court vacated a sentence for a defendant who entered an open plea for the charge of lewd and lascivious behavior, due to an error on the sentencing scoresheet. If you are charged with a sex crime in Clearwater, you should retain a knowledgeable Clearwater sex crime defense attorney to discuss which plea option is in your best interest.

Defendant’s Plea and Subsequent Sentencing

Reportedly, the defendant entered an open plea to lewd or lascivious battery, burglary, and grand theft. In Florida, an open plea is essentially a guilty plea without an agreement with the state regarding sentencing. Rather, an open plea allows the judge to determine the appropriate sentence for the crimes charged.

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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 a recent case out of the Florida appellate courts, where the court reversed a juvenile conviction on the grounds that the trial court had not properly established the juvenile defendant’s right to counsel. If you are a juvenile resident of Clearwater facing criminal charges it is in your best interest to consult a knowledgeable Clearwater criminal defense attorney to help protect your rights.

Trial Court Proceedings

Allegedly, the defendant, who was a minor, was on probation for various charges. The state filed affidavits alleging the defendant was in violation of his probation. The case proceeded to a plea hearing, which the defendant attended alone without the presence of a parent, guardian, or adult relative. He advised the court that he wished to waive his right to an attorney and admit to violating the terms of his probation. The court subsequently found the defendant waived his right to counsel freely and voluntarily and scheduled a date for the disposition of defendant’s charges. The defendant was not represented by counsel at the disposition hearing. He was adjudicated delinquent and committed to the Department of Juvenile Justice to be placed in a residential program. The defendant subsequently appealed, arguing that the trial court erred as a matter of law by failing to properly investigate his waiver of the right to counsel.

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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 Florida recently held in Darwin v. Florida, if the trial court imposes a sentence without the presence of the convicted party, it can result in the sentence being reversed. If you were charged with a sex-crime in Clearwater, it is important to retain an experienced Clearwater sex crimes attorney who will fight diligently to protect your liberties.

Defendant’s Sentencing

Allegedly, the defendant was convicted and sentenced for uninformed HIV-infected sexual intercourse. His sentence included a $525 discretionary fine. During the sentencing hearing, the fine was not orally pronounced; therefore, the defendant filed a motion to correct the sentence, arguing that the fine was improperly imposed due to the fact that Florida law requires discretionary fines to be orally pronounced to ensure due process. The trial court agreed and scheduled a status conference during which the court orally pronounced the fine, but made no other changes to the sentence. The defendant was not present at the status conference. He subsequently appealed the discretionary fine, arguing that the trial court erred by imposing the sentence without his presence at the hearing. The court agreed and reversed.

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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, in a recent case, a Florida Court of Appeals held that a defendant convicted of crimes of violence may be entitled to have a jury re-evaluate his sentencing due to recent case law that determined the method previously used to evaluate crimes of violence for purposes of enhanced sentencing was unconstitutionally vague. If you are a Clearwater resident charged with a crime you should consult an experienced Clearwater criminal defense attorney to determine how previous convictions may affect your case.

The Defendant’s Conviction and Subsequent Appeal

Reportedly, the defendant was charged with and convicted of multiple crimes, including knowingly carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c), which permitted enhanced penalties for defendants with prior convictions. The defendant’s total sentence was 335 months in prison, which included 120 months for the section 924 charge. Shortly after the defendant was sentenced, the United States Supreme Court determined in Johnson v. United States that the residual clause of the Armed Career Criminal Act (“ACCA”) was void due to vagueness. The defendant subsequently moved to vacate his sentence for the section 924 violation, arguing that his conviction was invalid under Johnson. The court denied his motion, holding that Johnson did not render section 924 unconstitutional. The defendant appealed.

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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 evaluate whether a defendant is guilty of a lesser included offense, a defendant may avoid the risk of a felony conviction. Therefore, if a defendant is tried for a crime that has a lesser included offense it is essential that the jury is instructed regarding the lesser offense.

As the court recently affirmed in Calhoun v. Florida, a case arising out of the First District Court of Appeal of Florida, the failure to ensure a jury is properly instructed regarding lesser included offenses results in a waiver of the right. If you are charged with a sex crime in Clearwater it is essential to your defense obtain a skilled Clearwater sex crime defense attorney to evaluate your case.

Factual Background

Purportedly, in Calhoun, the defendant was charged and convicted of sexual battery by multiple perpetrators. He appealed, arguing that the trial court erroneously failed to instruct the jury regarding the lesser included offense of a lewd and lascivious act. The court affirmed the defendant’s conviction, finding that the defendant did not argue at trial that the court erred in failing to instruct the jury on a lesser included offense, and therefore did not preserve the issue for appeal.

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Some people mistakenly believe that circumstantial evidence is insufficient to convict a defendant of a crime. Direct evidence a defendant committed a crime is not required to support a conviction, however. In certain cases, what seems like trivial evidence can support a conviction for serious crimes.  For example, in a recent case, the First District Court of Appeal for the State of Florida held that eyewitness testimony alone was sufficient to convict a defendant of multiple felony charges. If you are a resident of Clearwater and are charged with a crime, you should consult an experienced Clearwater criminal defense attorney to discuss your case.

Facts of the Case

Allegedly, the victim and his cousin were sitting in a car outside of a nightclub when two men with guns opened the car doors and robbed the victim and his cousin and then shot and killed the victim. The cousin left with another relative and called 911. Later that evening, the defendant asked two women if he could use their phone. The defendant was sweaty and covered in grass, and reportedly told the women he was involved in an altercation in the nightclub and subsequently “unloaded a whole clip” into someone. The defendant proceeded to make phone calls with the phone borrowed from the women. A short time later, one of the women got a phone call from one of the victim’s friends and the defendant ran away. The women called 911 and the defendant was arrested based on their description. The women identified the defendant as the man who used her phone. Additionally, the victim’s cousin identified the defendant in a photographic lineup as the man who opened the rear car door.

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If a defendant is asking the court for something, usually they need to file a motion. A motion is a document that asks the court to take a specific action. When a defendant files a motion with the court, there are specific requirements that the motion must conform to in order for the court to be willing to consider it. Generally, the motion must include the relief requested and the reasons the court should grant the relief. One of the things that defendants need to be aware of is if that some motions are only allowed to be filed once, and so must include all of the requisite information. It can be confusing, which is where your skilled Clearwater sex crimes defense attorney comes in. They can help you to make sure that any motions you file are complete.

Florida Post-Conviction Relief: 3.850

In a case heard by the Fourth District Court of Appeal of the State of Florida, the motion at issue was a motion for post-conviction relief, based on rule 3.850 in the Florida Criminal Code. The defendant here was convicted of two counts of lewd or lascivious battery on a child over 12 and one count of lewd of lascivious molestation. After his conviction was affirmed on direct appeal, the defendant filed a rule 3.850 motion with the assistance of counsel from the public defender’s office.

Post-conviction relief may be available for defendants when there has been ineffective assistance of counsel, when there are requests for DNA testing, and when there are concerns that the sentence may be illegal. Since this motion is seeking post-conviction relief, it can only be filed after there has been a conviction. Generally a motion of this kind is asking for the original verdict to be vacated and for there to be a new trial.

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