Florida, like many states, allows people to use marijuana for medicinal purposes but outlaws recreational use. In other words, people can still be charged for crimes for certain marijuana-related activities. Additionally, there is sometimes a stigma attached to the use of marijuana, regardless of whether it is for medicinal purposes.…
Florida, like most states, keeps track of people who have been convicted of sex crimes. As such, there are numerous criminal convictions that can require a person to register as a sex offender. Being forced to register as a sex offender can greatly impair a person’s ability to find employment,…
When a person is charged with a crime, the court will typically set one or more hearings that the individual must attend. Even if a person makes every effort to appear in court, mistakes sometimes happen, and a criminal defendant may fail to show up for a scheduled hearing. It…
One of the initial questions many criminal defendants have is whether they will be released on bail prior to their criminal trials. If a defendant is detained prior to trial, it may not only result in a loss of liberties, but it may also greatly impact the defendant’s ability to…
Typically, when a person is convicted of a crime and sentenced to probation, the court will issue terms the person must comply with as part of his or her release. Thus, a defendant that violates one or more conditions of probation may face probation revocation. Recently, a Florida court issued…
The COVID-19 pandemic has caused upheaval in every area of life, including the judicial system. While many courts have delayed and canceled proceedings to protect public health, they are also largely mindful of protecting the rights of criminal defendants and must balance both objectives in determining how to proceed. Whether…
In Florida, the State will typically institute a criminal case by filing an information with a court. An information sets forth the charges against the defendant as well as the essential facts that support such charges. Thus, if the State is permitted to amend the information after the case is…
In many cases in which a person engages in criminal activity while using a firearm, he or she may be charged with additional offenses in addition to facing charges for the underlying crime. For example, a person that commits a crime of violence while carrying a weapon may be charged…
While criminal defendants are not required to set forth a defense, many do, and it generally takes a substantial amount of time to gather the facts and evidence needed to refute the State’s claims. Thus, if a defendant is denied the right to have sufficient time to prepare a defense,…
In Florida, the State generally cannot conduct a criminal trial unless the defendant is deemed mentally competent to proceed. As such, if a court fails to accurately assess whether a defendant has the mental capacity to participate in a fair trial and the defendant is ultimately convicted, the defendant may…