In all sex crime cases, the state bears the burden of proving that a defendant committed a crime. In pointing out the weaknesses in the state’s case at trial, however, it is essential to consider how any question posed to the state’s witnesses will affect what evidence the state can…
The criminal legal system treats juvenile defendants differently than adult defendants. Juveniles are generally granted more protection of their rights and are often subject to different sentencing. For example, the United States Supreme Court held in Graham v. Florida that any life sentence imposed on a juvenile offender who was convicted…
If you are charged with a sex crime, it is important to understand what evidence the state will attempt to use against you. Evidence that is obtained via an unreasonable search may be precluded, but proving a search is unreasonable can be difficult, and it is important to understand what…
It is important for any defendant who pleads guilty to or is convicted of a crime to understand how previous convictions for sex crimes may be weighed against him or her. In the Florida courts, prior to sentencing, a Presentence Investigation Report (PSI) is issued, setting forth a defendant’s criminal…
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…