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…
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…
All criminal offenders are not the same in the eyes of the law when it comes to sentencing. If a person who is convicted of a crime has certain prior convictions, he or she may be deemed a career offender and be subject to enhanced penalties. Only enumerated crimes, crimes of…
While no criminal charges should be taken lightly, a conviction for a sex crime can result in a lifelong designation as a sexual predator. While there are laws in Florida that require a mandatory sexual offender designation in certain circumstances, the laws also allow for the Florida Parole Commission to…