Hazing is a long-standing tradition in many college fraternities and sororities. Hazing is also unlawful, and parties that engage in hazing can be charged criminally for any harm that occurs as a result of the hazing. Further, a person may be charged criminally for hazing even if he or she…
Advances in technology over the past several decades have vastly changed the manner in which criminal cases are prosecuted and defended. For example, in many criminal cases, the prosecution will seek to introduce DNA evidence to establish the defendant’s guilt. Defendants can introduce DNA evidence as well, but only under…
In many instances in which a person is charged with a sex crime, the person will choose to enter into a plea agreement rather than proceed to trial. Under the terms of a plea agreement, the defendant will either enter a guilty plea or plea of no contest to the…
In some Florida criminal cases, the defendant may choose to plead guilty for various reasons. Prior to permitting a defendant to enter a guilty plea, however, the court must determine if the defendant is competent to proceed. When the court fails to validly confirm a defendant’s competence the defendant may…
If you are charged with a crime, the State is required to produce competent evidence of each element of the crime to support a conviction. In cases where the State fails to produce any evidence that a crime was committed, it is grounds for an acquittal. In a recent case,…
Anyone charged with a crime has the inalienable right to a trial in front of a jury of his or her peers. Under Florida law, a trial for a capital case requires a panel of twelve jurors, while all other crimes may be tried before six jurors. A Florida District…
Criminal defendants are protected from being tried or convicted more than once for the same crime by the rule against Double Jeopardy. The rule only applies in limited circumstances, however. For example, a Florida District Court of Appeal recently ruled that dual battery convictions did not violate double jeopardy, despite…
To convict a defendant of a crime, the state is required to prove each element of the crime. Many crimes require the state to prove the defendant’s state of mind at the time the crime was allegedly committed. For example, to convict a defendant of trespass in an unoccupied conveyance,…
The defendant in this case was allegedly driving a vehicle when the police attempted to pull him over. There was also a passenger in the car. According to the police, the car sped off when the officer tried to approach it. The driver was speeding at up to 90 miles…
The jury is one of the cornerstones of the American justice system. Though most cases end with a plea deal rather than a trial, these decisions are often made on the basis of what the jury is likely to do. Juries are only allowed to be exposed to certain things…