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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 of committing.

A Florida appellate court recently ruled, however, that a trial court is permitted to consider facts underlying a subsequent arrest when considering whether to revoke a convicted felon’s community control.  If you live in Clearwater and are charged with a crime, it is important to retain an experienced Clearwater criminal defense attorney who will work diligently to help you retain your rights.

Facts Regarding the Defendant’s Criminal History

Reportedly, the defendant was convicted of second-degree murder. He was sentenced to eighteen years in prison followed by two years of community control. Four months after his release to community control the State filed an affidavit alleging the defendant violated his community control. Specifically, he failed to remain in his residence and refused to submit to a urinalysis. The State later amended the affidavit to include allegations that the defendant had recently been arrested for burglary, resisting officers without violence, and drug crimes.

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The statutes that criminalize behavior must be sufficiently specific to be deemed constitutional. When statutes are vague and overbroad, they can lead to improper convictions and subsequent challenges to the constitutionality of the statutes.

Recently, the Supreme Court of Florida analyzed whether a statute criminalizing hazing was overbroad in violation of the First Amendment, and ultimately determined it was not, affirming the defendant’s conviction. If you are facing criminal charges in Sarasota, it is important to retain a skilled Sarasota crime defense attorney to assist you in protecting your liberties.

Factual Background

Reportedly, the defendant was a member of the percussion section of the marching band at a Florida university. The percussion section rode to away events on a bus and engaged in a three-part ritual during their trips. The first part involved a member sitting at the front of the bus and getting struck by other band members, the second involved the member standing and holding onto the luggage rack while being slapped by other members, and the last part involved the member walking to the back of the bus while other members slapped, punched, and kicked them. The defendant, as the president of the bus, determined when a member should take part in the ritual.

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If you are convicted and sentenced to be incarcerated, in certain cases you may be given credit for any time you were in jail after your arrest for the subject charges prior to your conviction. Recently, a Florida district court of appeals defined the circumstances in which a court is required to give credit for time served, and when such credit is discretionary.  If you are a Clearwater resident currently facing criminal charges, you should retain a trusted Clearwater criminal defense attorney to help you develop arguments that will assist you in retaining your liberties.

Facts Regarding the Defendant’s Arrest and Conviction

The defendant was charged with first degree murder and burglary in Florida. The defendant was arrested in Argentina but fought his extradition to Florida for several years. During that time he remained in an Argentine jail. He was ultimately extradited and tried and convicted of the charges. He was subsequently sentenced to imprisonment. The defendant then filed a motion seeking credit for the time served in the Argentine jail. The trial court denied his motion, after which the defendant appealed.

Florida Law Regarding Credit for Time Served

Section 921.161 of the Florida Statute states that a prison sentence will not begin to run until the date such sentence is imposed, but the court imposing the sentence must grant the defendant credit for the entirety of the time he or she spent in a county jail prior to the sentence. The credit given must be for a specific period of time and the amount of time credited must be indicated in the sentence. While the law requires trial judges to give a defendant credit for time served in a Florida county jail prior to the disposition of offenses charged, the law does not require a judge to give a defendant credit for time spent in a jail in other jurisdictions.

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Under Florida law, criminal suspects under the age of 18 are afforded certain rights based on their age, such as the right to be tried in a juvenile court. The juvenile court system may be more lenient and result in less stringent penalties than would be issued in adult court. The right to be tried as a juvenile is not a fundamental right that is guaranteed, however, but can be waived due to inaction.

A Florida district court recently upheld a juvenile defendant’s conviction in adult court for vehicular homicide, where the defendant’s attorney did not object to the jurisdiction until after the jury issued a verdict. If you are a juvenile Clearwater resident facing criminal charges, you should consult a skilled Clearwater crimal defense attorney to discuss the facts of your case and available defenses.

Procedural Facts

Reportedly, the defendant was charged with multiple offenses, including vehicular homicide, arising out of an incident that occurred when he was 15-years-old. Despite his juvenile status, the case was direct-filed in adult court. He entered a plea and was subsequently tried in front of a jury, which resulted in a hung jury and mistrial. A second trial subsequently commenced, after which the defendant was convicted of all charges. Shortly prior to the defendant’s sentencing hearing his attorney raised an objection to the court’s jurisdiction by filing a motion to vacate and remand to juvenile court. The defendant’s attorney had not raised any objection to the adult-court’s jurisdiction at any previous point in the proceedings. The state argued that the direct-filing in adult court was proper and that the defendant waived the right to object to the court’s jurisdiction prior to the conclusion of the trial. The court agreed, denying the motion. The defendant subsequently appealed, arguing ineffective assistance of counsel.

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If a person is suspected of a crime, he or she nonetheless has rights under the law, including the right to be free from unreasonable search and seizure. Even if a person consents to a search, any evidence obtained during the search may be tainted if the consent was not properly obtained or if the search exceeded the scope of the consent.

A Florida district court of appeals recently discharged a defendant’s conviction based on a firearm found during a search, on the grounds that the state could not prove the weapon was found within the areas the defendant gave the police permission to search. If you were charged with a crime after the police searched your home, you should consult a knowledgeable Clearwater criminal defense attorney to discuss whether you may be able to preclude evidence found during the search.

Facts Regarding the Search of the Defendant’s Property

Allegedly, the police responded to a call that shots had been fired at the defendant’s apartment. Upon arriving at the scene, the police did an initial security sweep, in which they found shell casings and smelled gunpowder. The police escorted the defendant’s girlfriend and children out of the home, and the area was sealed until detectives arrived to conduct a shooting investigation. A detective arrived shortly thereafter and entered the home to secure the scene and begin the investigation. He later testified that this entry was not part of the protective sweep.

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In many instances where a defendant is charged with a sex crime, the only evidence of the crime is the testimony of the alleged victim. In Clearwater sex crime cases where there is no other corroborating evidence of the alleged crime if the victim recants his or her prior testimony at trial, it is unlikely the State will be able to present evidence to support a conviction.

This was recently illustrated in a case decided by a Florida court of appeals, in which the defendant’s convictions for two sex crimes were overturned, due to the alleged victim’s repudiation of her prior statement at trial. If you live in Clearwater and are charged with a sex crime, you should retain a seasoned Clearwater sex crimes defense attorney as soon as possible, to analyze what defenses are available to the charges you face.

Alleged Sexual Battery

Reportedly, the defendant sexually battered his girlfriend’s 16-year-old mentally disabled sister. The victim’s mother took her to a hospital, where she gave a detailed account of the defendant’s actions. The State charged the defendant with three separate counts of sexual battery, for three acts of oral, penile, and digital penetration, based upon the victim’s account.

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The United States Supreme Court recently ruled that Florida’s capital sentencing scheme was unconstitutional, in Hurst v. Florida. The Hurst ruling continues to have lasting effects in Clearwater and throughout the state, as many death sentences imposed prior to Hurst may be unconstitutional.

For example, the Supreme Court of Florida recently held that the Hurst ruling required resentencing in a case where the death penalty was imposed absent a unanimous jury recommendation.  If you live in Clearwater and are charged with a crime, it is in your best interest retain an experienced Clearwater criminal defense attorney to help you retain your rights.

Facts Surrounding the Defendant’s Arrest and Trial

Reportedly, the defendant was stopped by a police officer while driving a vehicle, when he attempted to flee. The officer followed the defendant and eventually caught up with him. The defendant stopped his vehicle, after which the officer stopped his vehicle. The defendant then exited his vehicle with a handgun and fired three shots into the officer’s vehicle. The shots hit the officer and he died from his injuries. The defendant then returned to his vehicle and fled. He was ultimately arrested without incident by other officers. The defendant was charged with and convicted by a jury of first degree murder. During the penalty phase of the trial, nine out of twelve jurors recommended death. The Florida statute in effect at that time permitted a judge to impose a death sentence if seven jurors recommended death. The judge released the jurors following the penalty recommendation.

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If you are currently facing sex crime charges, it is important to be aware of both the elements of the crime charged and the elements considered for sentencing if you are convicted of the crime. The elements weighed for sentencing may be different than those needed to find a defendant guilty, and if certain elements are present it may result in increased penalties.

For example, in a recent federal appellate case which arose out of a Florida district court, the court held that the sentencing guidelines for child pornography allow for enhanced sentencing for a person convicted of possession of child pornography, if the offender is determined to have produced or caused the production of such pornography. If you are a resident of Clearwater currently facing sex crime charges, you should consult a skilled Clearwater sex crimes defense attorney to help you develop a plan to help you retain your rights.

Defendant’s Conviction and Sentencing

Allegedly, the defendant was convicted of conspiring to receive and possess child pornography and receiving child pornography. He was sentenced to 480 months in prison. He appealed his sentence on the grounds that the trial court erred when it determined that he’d produced or caused the production of child pornography in determining an appropriate sentence. He further argued his sentence was unreasonable due to certain mitigating factors such as his lack of criminal history, his record of public service, and his unstable childhood. On appeal, the court affirmed his sentence.

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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 convictions count toward a defendant’s career offender status under the Florida sentencing guidelines. If you are a resident of Clearwater with a prior criminal history and are currently charged with a crime, you should meet with a seasoned Clearwater criminal defense attorney to develop a plan that will provide you with a strong chance of a good outcome under the circumstances surrounding your charges. 

Defendant’s Prior Convictions

The defendant had previously been convicted of two counts of possession of marijuana with intent to distribute and one count of robbery. He was subsequently convicted of possession of a firearm by a convicted felon, possession of controlled substances with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime. The court designated the defendant as a career offender under Florida’s sentencing guidelines and sentenced him to 120 months in prison. The defendant then appealed his sentence, arguing that he was improperly designated a career offender. On appeal, the court affirmed his sentence.

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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 court erroneously allows the admission of hearsay evidence, it can result in a conviction being overturned. If you live in Clearwater and are charged with a crime, it is in your best interest to meet with an experienced Clearwater criminal defense attorney to help you retain your rights.

Reported Facts

Allegedly, the defendant went to the apartment of his friend’s neighbors to question them about reportedly harassing his friend. It is undisputed that the neighbors’ door was knocked down, the defendant entered the apartment, a fight ensued, and a gun was discharged. The exact details of what happened after the defendant arrived at the neighbor’s apartment were disputed, however. Following the incident, the defendant was charged with multiple crimes.

At the trial, the defendant testified that he asked the neighbors to leave his friend alone, accidentally knocked the door down, and was pulled into the apartment, and one of the neighbors’ had a gun that discharged. In contrast, the neighbors testified that the defendant kicked in the door, pointed a gun at them, assaulted them, and discharged the gun. The defendant’s friend did not testify at the trial. The state admitted out-of-court statements made by the friend into evidence at the trial, despite objections by the defendant’s counsel that they constituted hearsay. The statements indicated the friend was going to send someone to “put a cap in” the neighbors and beat them up. The state argued these statements were evidence the defendant intended to assault the neighbors when he went to their apartment. The defendant was ultimately convicted of burglary of an occupied dwelling and assault, but the jury specifically found that the defendant did not use or possess a firearm or commit a battery. The defendant appealed, arguing the evidence regarding his friend’s out-of-court statements constituted inadmissible hearsay.

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