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…
St. Petersburg Criminal Lawyer Blog
Court Holds Florida Kidnapping Conviction is a Crime of Violence
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…
Florida Court Finds Sexual Predator Designation Proper Even Though The Offender Did Not Meet Statutory Definition of a Predator
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…
Florida Court Explains Evidentiary Concept of Opening the Door to Otherwise Inadmissible Evidence
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…
Florida Court Finds 1000 Year Sentence with Parole Eligibility Provides A Meaningful Chance for Release within the Offender’s Life
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…
Florida Court Explains Factors Indicating Voluntary Consent to a Warrantless Search
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…
Appeals Court of Florida Finds Trial Court Erred in Requiring a Defendant to Register as a Sex Offender and in its Sentencing
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…
Florida Court Holds that Evidence a Defendant Hid from Police in a Stolen Car is Insufficient to Prove the Defendant Knew the Car Was Stolen
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,…
Florida Court Clarifies What Constitutes an Overt Act in an Attempted Sex Crime
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. …
Murder Defendant in Florida Appeals Conviction
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…