In some instances in which a defendant is charged with a sex crime, the defendant’s counsel is able to negotiate an agreement where the person is placed on probation in exchange for a no-contest plea. In any case, where a defendant is sentenced to probation, it is crucial for the…
Under Florida law, there are rules establishing what the prosecution is permitted to assert at trial for a sex crime case. If the prosecution violates the rules to the detriment of the defendant, and the defendant is subsequently convicted, the defendant may be entitled to a new trial. The District…
Advances in technology over the past several decades have vastly changed the manner in which criminal cases are prosecuted and defended. For example, in many criminal cases, the prosecution will seek to introduce DNA evidence to establish the defendant’s guilt. Defendants can introduce DNA evidence as well, but only under…
In many instances in which a person is charged with a sex crime, the person will choose to enter into a plea agreement rather than proceed to trial. Under the terms of a plea agreement, the defendant will either enter a guilty plea or plea of no contest to the…
It is well known that criminal defendants have the right to remain silent and cannot be forced to testify against themselves but the nuances of the protections against self-incrimination are not understood by most people. In a recent case in which the defendant was charged with armed carjacking, the United…
Typically, hearsay statements are prohibited from being introduced at a criminal trial by either the State of the defendant. There are some exceptions to the general rule, however, such as when the hearsay is testimony of a child victim in a sex crime case. A Florida appellate court recently reviewed…
Double jeopardy is a term many people have heard but most people do not fully understand. In sum, double jeopardy means that you cannot be convicted more than once for the same crime. While double jeopardy is straightforward in theory, it can be complicated in Florida criminal cases involving solicitation…
In some Florida criminal cases, the defendant may choose to plead guilty for various reasons. Prior to permitting a defendant to enter a guilty plea, however, the court must determine if the defendant is competent to proceed. When the court fails to validly confirm a defendant’s competence the defendant may…
If you are convicted of a felony in Florida, in addition to other penalties and fines, you are prohibited from owning a gun. Therefore, if you are found to be in possession of a gun following your conviction, you will face criminal charges. Unless the police actually find the gun…
If you are charged with a crime, the State is required to produce competent evidence of each element of the crime to support a conviction. In cases where the State fails to produce any evidence that a crime was committed, it is grounds for an acquittal. In a recent case,…