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 convicted of a felony in Florida, in addition to other penalties and fines, you are prohibited from owning a gun. Therefore, if you are found to be in possession of a gun following your conviction, you will face criminal charges. Unless the police actually find the gun…
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,…
While a criminal defendant can be convicted of multiple crimes arising out of a single criminal act in some cases, the law provides protection from multiple convictions where the crimes have the same essential elements. For example, a defendant cannot be convicted of felony murder absent evidence of an act…
In Florida sex crime cases, the defendant is permitted to enter whatever plea he or she chooses. In some cases, a defendant may choose to plead guilty, in exchange for a reduced sentence or penalty. While a defendant is free to enter any plea he or she chooses at the…
In prosecuting a defendant for an alleged sex crime, the State is only permitted to use evidence that was lawfully obtained. As such, any evidence that was obtained during an unlawful search should be suppressed. While there are exceptions to this exclusionary rule, such as the inevitable discovery doctrine, they…
Florida sets forth sentencing guidelines that provide minimum sentences that must be imposed and allows for enhanced sentences if certain elements are met. The State bears the burden of proving that an enhanced sentence is appropriate, and an enhanced sentence imposed without justification may be vacated. For example, a Florida…
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…
If the state or government believes a person tried to lure a minor to engage in a sexual relationship, the person can be charged with attempt to entice a minor to engage in sexual activity, which is a crime, despite the fact that no actual contact between the person and…
As with all criminal defendants, a defendant who is charged with sex crimes is protected by the rule against double jeopardy, which protects defendants from multiple convictions for the same criminal act. The Supreme Court of Florida recently addressed the issue of whether convictions for the unlawful use of a communication…