Florida law requires sex offenders deemed sexual predators to keep local law enforcement closely apprised of their whereabouts. It also imposes strict penalties for those who fail to inform the cops within two days of moving. But, as Florida’s Second District Court of Appeal recently pointed out, prosecutors who want…
Victim and other witness testimony can mean the difference between a conviction and an acquittal or not guilty verdict in Florida sex crime cases. The state’s First District Court of Appeals recently took on a unique case that offers one example of the kinds of witness testimony issues that can…
Florida sex crime cases often come with questions about the mental stability and capacity of the person being charged. That’s why judges are regularly asked to determine whether a person charged with a sex crime is competent to stand trial. As the state’s Second District Court of Appeal recently explained,…
If you are convicted of a Florida sex crime, you may have the opportunity to avoid actual jail time by asking for probation. This form of supervised release requires a person to check in regularly with a probation officer and comply with other terms. In sex offense cases, those restrictions…
Many people have heard of entrapment and may have a vague idea of what it means. It’s important to understand, however, that courts have a very specific definition of the term. Entrapment is a legal defense that refers to situations in which police officers induce a person who would not…
Jury instructions are a key part of any Florida sexual battery case. They can mean the difference between a conviction and a not guilty decision. In a recent case out of the Fifth District Court of Appeals involving an attempted sexual battery in Central Florida, the court explained how improper…
If you’ve ever watched Law & Order or another police procedural television show, you might be familiar with a person’s right to remain silent during an arrest. In the real world, “Miranda” rights extend beyond simply not talking and apply to a wide range of encounters with a police officer.…
Florida and federal laws generally require a person charged with a sex crime to register as a Florida sex offender with the local sheriff’s office. A person who fails to do so faces significant criminal penalties, including jail time. Those penalties increase for people who commit another sex crime during…
Florida law makes it a crime for a person with HIV to knowingly have sex with another person without telling their partner about the infection. In a recent Florida sex crime decision, the state’s Supreme Court made clear that the law applies to both heterosexual and homosexual activity.The defendant was…
The Florida District Court of Appeal, Second District released an opinion on November 8, 2017, that addressed the due process rights available to a criminal defendant at a sentencing hearing. In the case, the defendant appealed the trial court’s decision to revoke his probation and impose a 40-month sentence. The…