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,…
Under Florida law, you do not have to actually commit a crime to be convicted of an offense. Rather, a person can be found guilty for a criminal attempt if he or she takes any action toward the commission of the offense but is prevented from actually executing the crime. …
In a case recently heard by the Florida Fourth District Court of Appeal, a defendant who was convicted of first degree murder with a firearm appealed his case. His argument rests on his contention that he should have been able to speak directly with his attorney during a ten-minute break…
There are many types of sex crimes under Florida law. One of those is video voyeurism. Video voyeurism is when someone secretly records another person in an intimate state, generally for the sexual gratification purposes. Your skilled St. Petersburg sex crimes criminal defense attorney can help you understand what the…
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 Sixth Amendment includes what is referred to as the “Confrontation Clause.” The Confrontation Clause gives criminal defendants the right to confront their accusers. Generally this means that defendant’s counsel can cross examine any witnesses for the state. However, there are some cases where an accuser may be permitted to…
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…
In 1998, the Florida legislature passed the “Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment and Care Act” (“Ryce Act”). This is a mechanism for Florida courts to use civil commitment for individuals who have been designated as sexually violent predators. In other words, after someone has been…
Part of why it is so important to have a skilled Florida criminal defense attorney on your side is that they may know about plea options that most people don’t know about. In other words, they may be able to ask the prosecutor for a plea deal that can help…
After a jury finds a defendant guilty, it does not necessarily mean that the process ends there. Defendants are given an opportunity to appeal their conviction, sometimes several opportunities depending on the circumstances. In order to be successful on appeal, the defendant needs to prove that there was an error…