Florida law provides mechanisms for correcting illegal sentences; however, such challenges must adhere to strict procedural and substantive requirements. This was demonstrated in a recent Florida ruling in which the court addressed a defendant’s attempt to use a procedural motion to contest the validity of his underlying conviction for burglary,…
It is not uncommon for the State to charge people with multiple crimes related to a theft scheme. While it is not unlawful to charge people with numerous offenses at one time, the protections against double jeopardy prohibit a person from being tried or convicted more than once for the…
Although there are sentencing guidelines for violations of both state and federal law, the courts have significant leeway when determining what constitutes an appropriate sentence. The penalties they deliver must be reasonable, however, and if they are not, they may be overturned. In a recent Florida opinion issued in an…
If law enforcement suspects that people are engaged in unlawful activity within a residence, they will typically obtain a warrant to search the property and seize any evidence of illegal behavior. The police must have more than a hunch that a person is breaking the law to obtain a warrant,…