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The justice system understands that sometimes an individual needs to use deadly force against another in order to defend themselves. “Self-defense” is what is called an affirmative defense. An affirmative defense means that the defendant is acknowledging that they committed the crime they are charged with, but that they had a reason that is legally sufficient to make them not culpable. In other words, typically the prosecution is the only side that needs to prove something. However, with an affirmative defense, the defense also has a burden now to prove the elements of the defense. This case addresses what specifically the defense needs to prove, and the jury instructions around this proof. If you are involved in a situation where you needed to use self-defense to protect yourself or another, you should contact a knowledgeable Clearwater violent crimes defense attorney to help you with your defense.

Facts of the Case

The defendant was charged with the first-degree murder of his employer/landlord and the attempted first-degree murder of a neighbor. There was a confrontation between the defendant and his landlord and he began shooting. The defendant alleges that he acted in self-defense based on his landlord reaching for a dark object in his pocket and previous threats by his landlord. The defendant also alleged that the neighbor threatened him as well and attempted to throw a microwave at him. The neighbor survived the shooting but the landlord did not.

The state’s version of events differed. They alleged that the defendant was the aggressor and that both of the victims were unarmed. Under this version of events, self-defense would not be an applicable affirmative defense, since it cannot be used when the defendant was the aggressor.

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When a defendant is charged with a crime, at trial the only evidence that should usually be put forward by the state is evidence related to those crimes charged. However, sometimes there are circumstances for the crimes alleged that require explanation. In some of those situations, the state will need to bring in evidence of other crimes that were committed in order to help the jury understand the circumstances in which the charged crimes were committed. This may seem confusing, and it can be, which is why you should consult an experienced Clearwater criminal defense attorney to help you understand whether it is proper for collateral crimes evidence to be introduced during your trial.

Collateral Crimes

An example may help make the concept of collateral crimes more understandable. In a case that was recently heard by the Florida Third District Court of Appeal, a man appealed his conviction for attempted second-degree murder with a deadly weapon, witness tampering, and criminal mischief. One of the errors he alleges is that the court impermissibly admitted evidence of a collateral armed robbery allegedly committed earlier in the day by the defendant.

The prosecution alleges that the defendant went to the home of his ex-girlfriend a few hours before the incident that the charges came from. He is alleged to have held her up at gunpoint and demanded her phone from her. The defendant returned to her house with her phone a few hours later, and then began shooting. The attempted murder and other charges that he was convicted of all stem from this shooting.

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In criminal cases, the burden of proof is on the prosecution to prove that the defendant committed all the elements of the crime. Specifically, the prosecution has the burden to prove these elements beyond a reasonable doubt. In a case recently heard by the Florida Third District Court of Appeal, the court reversed a conviction after the prosecution was found to have impermissibly shifted the burden of proof to the defendant. Your knowledgeable Clearwater criminal defense attorney can help you understand exactly what the court needs to prove in your situation.

Facts of the Robbery

A woman was walking home from the grocery store when she was hit from behind. She turned around and was hit again. The man who hit her took her cell phone and ran off. A couple of weeks later when she was walking home from her son’s school, the woman saw the man that she believes robbed her. The defendant in this case testified that he was at school in band practice when the assault happened.

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“You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney…” You have probably heard this recitation on legal procedural TV shows dozens (or hundreds) of times. This is called the “Miranda” warning. The purpose is to give potential criminal defendants an understanding of their rights. It was named after the Supreme Court case that mandated that law enforcement give this announcement before questioning defendants.

Florida Miranda Requirements

Florida law requires that police give the Miranda warning when a defendant is arrested or taken into custody. It is such an important requirement, in fact, that any information admitted by the defendant before the Miranda warning is given may not be admissible in court. However, there are some exceptions to this general rule.

Initially, Miranda warnings only need to be given to potential defendants after someone is taken into custody. So if the police stop you on the street and ask you questions – and you are free to leave at any time – they do not need to give you the warning. However, if you are arrested and brought into the station, then your Miranda rights need to be given to you before you are interrogated. Keep in mind that this does not necessarily apply to statements that you make voluntarily and without being asked.

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Many people who are convicted of crimes in Florida will have to serve a term of probation as part of their sentence. Probation is a punishment somewhat in between incarceration and freedom. The specifics can differ depending on the individual and their charges, but when someone is on probation they may be subject to drug testing, curfew, mandated counseling, or any other requirement that the court imposes. Many defendants prefer probation over incarceration for obvious reasons, but if someone violates the conditions of their probation they may face a longer jail sentence than they would have initially. If you are offered a plea deal that includes probation, you will want to make your decision in consultation with your knowledgeable Florida criminal defense attorney.

Probation Violation in Florida

Probation can make otherwise lawful activity unlawful. For example, while of course it is usually legal for adults to be out of their home after 9pm, if being home by 9pm is a condition of your probation, you can be arrested for being out later than that. Another interesting aspect of probation is that the standard of proof is different than with criminal court. In order to prove a violation of probation, the state does not have to prove the violation beyond a reasonable doubt. Those charged with a violation of probation will also not have the opportunity to go in front of a jury but will instead be subject to the judge’s ruling. If a judge finds that a defendant has violated their probation, they can be sentenced to the maximum amount of time permitted for the underlying charge. The court will look at the conviction which led to the probation, not the conduct that violated the probation.

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It is crucial that criminal defendants get a fair trial. One of the ways that the justice system assures fairness is by making sure the jury that is selected is impartial. Typically, both sides of a trial will get a specific number of peremptory challenges. Peremptory challenges allow either side to strike a juror for any reason or no reason at all. However, it is illegal to strike jurors solely based on their race or gender. Along with the peremptory challenges, either side can request that a juror be stricken for cause. A juror being stricken for cause means that there is something in the juror’s past or the way they have answered a question that makes it appear that they may not be able to be impartial. For example, a juror may be stricken for cause if they know the defendant or the victim. Since the process needs to be impartial, both sides can strike as many jurors for cause as they want, as long as the court approves.

Florida Grounds for Cause Challenges and Peremptory Challenges

Florida law lays out the specific grounds that courts will allow to strike a juror for cause. These grounds include: the juror has beliefs that would preclude them making a finding of guilt, the juror does not have the qualifications that the law requires, or the juror is of unsound mind or has a bodily defect that makes them incapable of performing the required duties. Other grounds include: the juror was on a criminal or civil jury that tried the same defendant for the same offense, the juror is related to one of the parties or one of the attorneys, and a few other grounds. Finally, there is a catch-all provision that allows a challenge for cause if the juror has a “state of mind” that prevents them from acting impartially. Continue reading →

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The United States criminal justice system is based on the idea that defendants are innocent until proven guilty. The court wants to make sure that when someone is found guilty by a jury, they are actually guilty. There are safeguards built into the criminal justice system to protect innocent defendants from being found guilty. In practice, that means that there needs to be adequate evidence to uphold a conviction. If you have been charged with or convicted of a crime, your experienced Clearwater criminal defense attorney can help you make sure that the prosecution is forced to meet their burden of proof. If they don’t, or later an appeals court determines that there was not enough evidence to uphold the conviction, your conviction may be overturned.

Florida Evidentiary Burden

In Florida – as in the rest of the country – the prosecution has the burden of proving each element of the crime beyond a reasonable doubt. It is up to the jury to decide whether or not the prosecution has met their burden. Whether there is enough evidence to sustain the conviction is a question that only comes up on appeal, since of course there cannot be a conviction until after the trial. Thus, if a defendant is convicted of a crime and believes there was not enough evidence to uphold the conviction, they can appeal the decision.

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In a case heard by the Florida First District Court of Appeal, a man challenged his conviction for capital sexual battery and lewd molestation. He argued that the convictions should be thrown out because the trial court improperly prevented evidence from being admitted. All convictions must be supported by evidence. However, there are strict rules about what can and cannot be admitted into evidence in a criminal trial. If the evidence that supported the conviction is thrown out, the conviction may also be overturned if there is not enough remaining evidence to sustain it. That’s why it’s common for Florida sex crimes defense attorneys to challenge the evidence admitted into court as they did here.

Abuse of Discretion Standard

The appeals court hears cases after they have already been decided by the trial court. In deciding whether or not to allow the decision of the trial court to stand, the appeals courts use different standards depending on the issue. For example, some elements are looked at “de novo,” which means the appeals court does not have to give any deference to the findings of the lower court and can instead make their own decision as if they are looking at it for the first time.

In this case, the appeals court used an abuse of discretion standard to determine whether the evidence should have been admitted or not. In other words, they need to allow the decision of the lower court to stand unless they find that the decision was not permissible under the law. Continue reading →

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If you are charged with DUI in Florida, you may be facing serious consequences depending on your blood alcohol content, whether you have had previous DUIs, and a number of other factors. However, if you are driving while intoxicated and cause the death or serious injury of another person you may face an even harsher sentence. That’s why it is so important to work with an experienced Clearwater criminal defense attorney if you are charges with DUI manslaughter or another crime.

DUI Manslaughter

If you are convicted of DUI manslaughter in Florida you will be required to spend a certain amount of time in jail. The Florida Criminal Code classifies DUI manslaughter as a crime with a mandatory minimum sentence. That means that there is a certain amount of time that everyone convicted of DUI manslaughter must spend in jail and the judge does not have the discretion to lower that sentence (though they can order more time be served). In Florida, the mandatory minimum sentence is four years for DUI manslaughter.

Though the mandatory minimum sentence is four years, those convicted of DUI manslaughter in Florida can get up to fifteen years in prison and fifteen years of probation. However, the presumptive amount of jail time for a DUI manslaughter conviction is a little over ten years in prison. Those convicted of DUI manslaughter may also have to pay up to $10,000 in fines, have their vehicle impounded, and have their driver’s license revoked permanently. Continue reading →

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There are specific laws regarding what evidence prosecutors are allowed to use to prove their case in court. As will be discussed in more detail below, the state can present relevant evidence as long as its probative value is not outweighed by the prejudicial effects on the defendant.

In this case, a man was charged with conspiracy to commit the felony of tampering with a victim. Originally, the defendant was charged with lewd or lascivious molestation. While he was in jail on those charges he called his former girlfriend (and co-defendant). The phone call was recorded. At the beginning of all calls from the jail there is a recording stating that calls are recorded and subject to monitoring.

In this recording, the defendant is heard asking his former girlfriend to talk to the victim and her mother. He also is heard saying that she should tell the police that the phone was stolen and he did not have it at the relevant time, even though he mentioned that the ex-girlfriend was currently in possession of the phone. The original 17 minute phone call was redacted down to seven minutes for the jury to hear. There was no mention of the underlying Florida sex crime charges in the recording that they heard.

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