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…
There are numerous defenses and arguments a criminal defendant may be able to set forth to avoid a conviction or a severe sentence. As explained in a recent Florida case in which the defendant was convicted of numerous violent crimes, including first-degree murder, most defenses cannot be argued retroactively, however.…
In many instances in which a person is charged with a sex crime, the State’s primary evidence against the person will consist of statements and testimony from the alleged victim. Thus, whether a person is convicted of a sex crime largely depends on whether the judge or jury finds the…
The sentence imposed on a criminal defendant convicted of a crime depends on numerous factors, including whether the sentence should be increased or reduced due to any aggravating or mitigating circumstances. Thus, if a jury is not properly advised of the weight of such circumstances or how they should be…
One of the many rights afforded criminal defendants by State and Federal law is the right to a speedy trial. In other words, a defendant cannot be arrested and then detained for an unreasonable amount of time prior to being tried, and if a defendant’s right to a speedy trial…
Often, people who are convicted of sex crimes are required to register as sex offenders. Thus, if a person is required to register as a sex offender and fails to do so, it can result in a reconviction of their probation. Recently, an appellate court in Florida analyzed whether the…