Prior convictions can have a detrimental impact on a defendant’s punishment scoresheet. As such, if there are grounds for calling a prior conviction into question, they should be asserted, as it could ultimately result in a reduced sentence. In a recent opinion delivered in a sex crime case, a Florida…
St. Petersburg Criminal Lawyer Blog
Florida Court Discusses Setting Aside a Conviction Due to New Evidence
While a person charged with a crime does not have to offer evidence in their defense at trial, it would be prudent to introduce any information that may exonerate them. Generally, all evidence must be exchanged prior to trial, and if a party fails to introduce evidence, they waive the…
Florida Court Discusses Sentencing for Misdemeanor Crimes
Under Florida law, the courts have discretion with regard to sentencing people convicted of crimes. Their discretion is not boundless, however, as in some cases, they are bound by statutory limitations. If a court issues a sentence that fails to abide by a directive in a sentencing statute, the sentence…
Florida Court Protects the Right to Judicial Review in Juvenile Cases
The Florida courts and legislature treat juvenile offenders differently than adults who commit crimes. For example, if a juvenile offender receives a sentence of over twenty years in prison, they are entitled to judicial review. The right to judicial review was the subject of a recent Florida opinion delivered in…
Florida Court Discusses Violent Crimes as Defined by Federal Law
Pursuant to federal law, people convicted of certain offenses may be deemed career offenders and may face enhanced penalties if they are subsequently convicted of other offenses. One example of an offense that permits a career offender enhancement is a crime of violence. It is not always clear what falls…
Court Examines Florida’s DUI Sentencing Laws
DUI offenses are not merely traffic violations; instead, they are crimes that can carry significant penalties. There are limitations to the penalties a court can impose for a DUI offense, though, and if a court imposes a sentence over the maximum permitted, it may be unlawful. This was demonstrated recently…
Florida Court Discusses Determining the Reasonableness of a Sentence
Although there are sentencing guidelines for violations of both state and federal law, the courts have significant leeway when determining what constitutes an appropriate sentence. The penalties they deliver must be reasonable, however, and if they are not, they may be overturned. In a recent Florida opinion issued in an…
Court Looks at Self Defense Immunity Under Florida’s Stand Your Ground Law
Under Florida law, people can avoid criminal prosecution for assault if they can establish that they used force in self-defense. The defense is not available to people who act as the initial aggressor, however. Further, all affirmative defenses must be asserted in a timely manner, otherwise, they may be rejected.…
Florida Court Rules DUI Conviction Constitutes Double Jeopardy
Pursuant to state and federal law, people cannot be convicted more than once of the same offense, as it violates the prohibition against double jeopardy. While in some instances, it is clear that a conviction constitutes double jeopardy, in others, it is less obvious. For example, a Florida court recently…
Florida Court Vacates Inconsistent Verdicts in a Criminal Case
It is not uncommon for people to be charged with multiple crimes. While the judge or jury determining guilt in a criminal matter has the right to find a defendant committed one crime but not the other, the verdicts must be consistent. In other words, if one verdict negates the…