In Florida there is a classification called “habitual felony offender,” or “HFO.” Florida law specifically defines who can be sentenced as an HFO. In this case the defendant was sentenced as an HFO but he argues that he should not have been classified as an HFO, because according to him…
Laws change all the time. When the legislature is in session and passing new laws, these laws will usually have a date that they go into effect. However, sometimes a law can also apply retroactively. That means that even if the conduct occurred before the law was passed, the new…
During a trial, there are many decisions that a defendant and their counsel need to make. One of the most important decisions in many trials is whether or not the defendant should take the stand and testify on their own behalf. Many of the aspects of a trial, such as…
The jury selection process is a crucial part of any Florida homicide or other criminal trial. Decisions about who winds up determining whether you committed the crime with which you are charged can make or break a case. A Florida appeals court recently reiterated an important protection against discrimination in…
Jury instructions are a key part of any Florida sexual battery case. They can mean the difference between a conviction and a not guilty decision. In a recent case out of the Fifth District Court of Appeals involving an attempted sexual battery in Central Florida, the court explained how improper…
The concept of “scrivener’s error” is certainly applicable to the legal system, although it’s not especially technical. In fact, it’s known by most as a “typo.” Courts systems require human labor to draft legislation, motions, and written judgments, so sometimes mistakes are made. In the criminal law context, the omission…
Law enforcement has broad discretion to enforce the laws. Still, it’s sometimes surprising to see how far a case can proceed before a court overturns a conviction. In fact, the defendant in a recent Florida grand theft decision was arguably doing his job as a repo man when he was charged…
Crimes with a statute of limitations are required to be prosecuted within a defined period of time. This helps ensure that evidence for the prosecution is still available at trial and encourages law enforcement to actively seek to resolve crimes. A Florida appeals court recently determined that the limitations period…