Avvo Rating badge
NACDL badge
Expertise badge
Avvo Rating badge
Expertise Best Criminal Attorneys in St. Petersburg
The National Trial Lawyers Top 100
Home

Posted In: | By

In Florida, people are protected against being convicted more than once for the same offense, as it violates their right against double jeopardy. While in some cases, it is clear that multiple convictions violate double jeopardy, in others, it is less so, as illustrated in a recent Florida ruling involving DUI manslaughter and vehicular homicide convictions. If you are charged with a crime, it is smart to speak to an experienced Tampa criminal defense lawyer about what you can do to safeguard your rights.

History of the Case

It is reported that the defendant was charged and convicted of multiple offenses, including DUI manslaughter and vehicular homicide, stemming from a single-car accident that resulted in a fatality. Allegedly, the defendant was driving under the influence of alcohol when he lost control of the vehicle, causing a crash that killed his passenger. The State charged the defendant with DUI manslaughter under Florida Statutes § 316.193 and vehicular homicide under § 782.071, among other offenses.

Reportedly, the defendant pled guilty to these charges and received concurrent sentences for the convictions. However, following sentencing, he filed a motion to withdraw his plea, arguing that his trial counsel failed to inform him of a double jeopardy violation arising from convictions for both offenses related to the same death. He also challenged fines, costs, and probation conditions imposed during sentencing, asserting errors in their statutory basis and applicability. Continue Reading ›

By
Posted in: DUI
Posted In:
Updated:

Posted In: | By

In criminal cases involving severe charges, the discretion of trial courts in sentencing and the imposition of probationary conditions often come under scrutiny. A recent Florida opinion examines these issues in the context of a second-degree murder conviction, shedding light on the boundaries of judicial authority. If you are facing criminal charges, it is crucial to consult with an experienced Tampa criminal defense attorney to ensure that your rights are upheld throughout the legal process.

Case Setting

It is alleged that the defendant was charged with first-degree murder but later pled no contest to second-degree murder with a firearm as part of a plea agreement. The charges stemmed from the defendant’s role in orchestrating the murder of the victim, who was the father of her child. Allegedly, the defendant hired another individual to carry out the murder, which occurred outside the victim’s residence while their child was asleep inside the home.

Reportedly, the plea agreement mandated a minimum sentence of 25 years but allowed the trial court discretion to impose up to a life sentence. At the sentencing hearing, the trial court considered evidence of the defendant’s role in planning the murder, as well as testimony presented by both the defense and prosecution. Ultimately, the court imposed a sentence of 53 years’ imprisonment followed by probation for life. As part of the probationary conditions, the trial court reportedly included several special conditions, such as prohibiting contact with the victim’s family, requiring completion of parenting classes, and mandating participation in GED or vocational training.

Continue Reading ›

Posted In: | By

In criminal proceedings, the reliability of jury verdicts is fundamental to the justice system. As such, if a jury issues a verdict that does not align with the evidence presented at trial, it may constitute grounds for vacating a conviction. In a recent Florida decision issued in a sex crime case, the court addressed the issue of inconsistent jury verdicts, highlighting the constitutional and procedural safeguards that ensure fair outcomes. If you are accused of committing a sex crime, it is crucial to retain a skilled Tampa sex crime defense lawyer to advocate for your rights and address any procedural irregularities.

Factual Background and Procedural Setting

It is alleged that the defendant was charged with multiple offenses, including a count of sexual battery by penetration. At trial, the jury found the defendant guilty of sexual battery by penetration but issued a special verdict explicitly stating that penetration had not occurred. This inconsistency was reportedly confirmed through a jury poll requested by defense counsel. Despite the apparent contradiction, no objection to the verdict was raised at trial, nor was a motion for arrest of judgment filed.

Reportedly, the defendant appealed, and the court initially affirmed the conviction without opinion. Subsequently, the defendant filed a petition alleging ineffective assistance of appellate counsel for failing to argue that the inconsistent verdict constituted fundamental error. The court found merit in this claim, concluding that the verdicts were “truly inconsistent” and warranted further review. A second appeal was then granted, limited solely to the issue of the inconsistent verdict. Continue Reading ›

Posted In: | By

Florida courts are bound by certain guidelines when issuing penalties in criminal matters. For example, they can only consider certain factors when determining penalties. As demonstrated in a recent Florida sex crime case, if they deviate from those factors, the defendant may have grounds for vacating their sentence. If you are charged with a sex crime, you should consult a Tampa sex crime defense attorney to help you protect your rights at every stage of the legal process.

History of the Case

It is alleged that the defendant entered a no-contest plea to a series of charges spanning six pending felony cases. These charges reportedly included robbery with a firearm, aggravated battery with a firearm, burglary, fleeing or attempting to elude law enforcement, tampering with a witness (a life felony), and multiple drug offenses. As part of the plea agreement, the State agreed to dismiss some charges and two entire cases. In return, the defendant was to receive no more than 15 years in prison, subject to possible youthful offender treatment.

Reportedly, during the sentencing hearing, witnesses presented testimony about dropped and uncharged offenses involving the defendant. One witness described the circumstances of a robbery case that was dismissed as part of the plea agreement. Another described an alleged incident of tampering with a witness in a homicide investigation despite the defendant not being charged in that matter. The sentencing judge cited these incidents, along with other dropped charges, when imposing a 15-year sentence followed by three years of probation. Following sentencing, the defendant moved to withdraw his plea, arguing that the trial court improperly relied on these impermissible factors. The motion was denied without a hearing, and the defendant appealed. Continue Reading ›

Posted In: | By

Sentencing in federal cases often involves balancing the severity of the offense with mitigating factors presented by the defendant. A recent Florida decision examined whether a 300-month sentence for the production of child pornography was substantively reasonable, ultimately upholding the district court’s judgment. If you are accused of a sex crime, you should consult a Tampa sex crime attorney to assess your rights and options.

Facts of the Case and Procedural Setting

It is alleged that the defendant secretly installed hidden cameras on his family’s property to record two children, ages eight and nine, in private settings. The first camera was concealed in an outdoor shower, where it captured the children changing clothes. The second camera was hidden in an electrical outlet in a child’s bedroom, set at an angle to capture inappropriate images. Additionally, law enforcement found evidence suggesting the defendant tampered with the images to magnify inappropriate details.

Reportedly, the children discovered one of the cameras and alerted adults, leading to the defendant’s confrontation and subsequent arrest. During the investigation, law enforcement recovered 775 explicit images and one video from the defendant’s damaged cellphone. The defendant later pleaded guilty to two counts of production of child pornography under federal law, each carrying a mandatory minimum sentence of 15 years and a maximum of 30 years. Continue Reading ›

Posted In: | By

In Florida criminal cases, evidence of prior bad acts is typically excluded to avoid prejudicing the defendant. However, such evidence may be admitted for specific purposes, like demonstrating intent or knowledge. In a recent drug crime case, a Florida court considered the admission of such evidence under Rule 404(b) and ultimately upheld the trial court’s decision to allow evidence of prior bad acts. If you are accused of committing a drug offense, you should consult with a Tampa drug crime defense attorney to evaluate your legal options.

History of the Case

It is alleged that the defendant was convicted of several charges, including possession of controlled substances with intent to distribute and possession of a firearm as a convicted felon. The charges arose from a traffic stop and subsequent search of the defendant’s vehicle, during which law enforcement discovered firearms and various drugs.

Reportedly, the prosecution introduced testimony from a witness who claimed the defendant had sold him drugs numerous times before the incident in question. The defendant objected, arguing that the testimony was irrelevant to the current charges and unduly prejudicial. The trial court overruled the objections, finding that the evidence was admissible to establish the defendant’s intent and knowledge. After his conviction, the defendant appealed, challenging the admissibility of the prior bad acts evidence. Continue Reading ›

Posted In: | By

Criminal defendants have a right to be advised of the charges filed against them with ample time to prepare for trial. If the State amends the information charging the defendant shortly before trial, therefore adding a new charge, it may deny the defendant the constitutional right to prepare a defense and may be grounds for reversing any conviction arising out of the latest charges. This was demonstrated in a recent Florida case in which the defendant was charged with battery and later tampering with a witness.  If you are accused of battery or assault, it is smart to confer with a Tampa violent crime defense attorney as soon as possible to protect your rights.

History of the Case

It is alleged that the State charged the defendant with aggravated battery on February 10, 2021. The charge stemmed from a December 26, 2020, incident where the appellant’s girlfriend informed law enforcement that, during an argument, the defendant physically assaulted her. She claimed he threw her to the ground, placed his knee on her neck, covered her nose and mouth, and punched her, resulting in a lost tooth. The girlfriend later recanted her allegations, claiming her injuries were due to a car accident. Despite a no-contact order, the defendant contacted the victim over 4,400 times while awaiting trial, allegedly instructing her on how to recant her statements.

Reportedly, five days before the trial, the State amended the information to include a new charge of witness tampering based on these phone calls. The defendant requested a continuance to investigate the new charge, but the trial court denied the request. The defendant was subsequently convicted on both counts and sentenced to concurrent thirty-year sentences, with a fifteen-year mandatory minimum on the aggravated battery charge. Continue Reading ›

Posted In: | By

Under state and federal law, the courts must generally follow sentencing guidelines when issuing penalties for criminal offenses. In some instances, though, they can issue enhanced sentences that fall outside of the standard sentencing ranges, pursuant to the terms of the guidelines. For example, if a court determines that a defendant is a dangerous or repeat sex offender, it may find it necessary to impose greater penalties, as shown in a recent Florida ruling. If you are accused of committing a sex crime, it is in your best interest to speak with a Tampa sex crime defense lawyer about what defenses you may be able to assert.

Case Setting

It is reported that the defendant pled guilty to attempting to entice a minor and committing a felony crime involving a minor while being required to register as a sex offender. These charges arose from the defendant’s previous conviction in Florida for traveling to meet a minor after soliciting a guardian. The defendant had believed he was communicating with a stepparent of a minor child, discussing inappropriate matters, and sending explicit images.

Allegedly, however, the “stepparent” was an undercover law enforcement officer, and the defendant was arrested when they arranged to meet. At sentencing, the district court imposed a significant enhancement under the “repeat and dangerous sex offender against minors” provision due to the defendant’s prior Florida conviction. The court sentenced the defendant to 355 months of imprisonment, followed by a lifetime of supervised release. The defendant appealed, challenging the application of the sentencing enhancement and the overall reasonableness of the sentence. Continue Reading ›

Posted In: | By

The United States Constitution grants criminal defendants numerous rights to help ensure that they receive fair hearings. Among other things, the Constitution guarantees the right to a trial before a jury. As discussed in a recent Florida sex crime case, however, the right to a jury trial does not require a trial before a 12-person jury in most instances. If you are accused of committing a sex offense, you should talk to a Tampa sex crime defense lawyer about your possible defenses.

Factual and Procedural Background

It is alleged that the defendant was charged with three sex crimes for offenses that occurred between March and May 2020. Florida law provides for a six-person jury in non-capital cases. The trial court empaneled a six-person jury as the defendant’s charges did not qualify for a twelve-person jury because the death penalty was not applicable to the offenses at the time they were committed. During the trial, the court granted the defendant’s motion for judgment of acquittal on one count of capital sexual battery.

Reportedly, the jury then convicted the defendant of one count of battery, a lesser-included offense, one count of capital sexual battery, and one count of lewd or lascivious molestation. The trial court sentenced the defendant to life in prison without the possibility of parole for the capital sexual battery and molestation charges and to time served for the battery count. The defendant appealed, arguing that the use of a six-person jury violated his constitutional rights, claiming he was entitled to a 12-person jury under the Sixth and Fourteenth Amendments. Continue Reading ›

Posted In: | By

In Florida, the courts generally rely on sentencing guidelines when determining appropriate penalties in criminal cases. The courts can deviate from the guidelines, though, if they determine that doing so is necessary under the circumstances. Recently, a Florida court discussed the grounds for issuing an upward variance sentence in a robbery case in which the defendant appealed his sentence. If you are charged with a violent crime, it is smart to meet with a Tampa violent crime defense lawyer to determine your options for seeking a favorable result.

History of the Case

It is reported that the defendant was charged with attempted Hobbs Act robbery and using a firearm in relation to a crime of violence following an incident where, after accepting a ride from a driver, he attempted to rob the driver at gunpoint. A struggle ensued, and the defendant shot at the driver’s car as the driver fled, but no one was injured. The defendant pleaded guilty to the robbery charge, while the firearm charge was dismissed. The Presentence Report (PSR) calculated the defendant’s total offense level as 24 and assigned four criminal history points based on prior convictions, placing him in Criminal History Category (CHC) III, which resulted in a sentencing guidelines range of 63 to 78 months.

Allegedly, the government sought an upward variance due to the defendant’s escalating criminal behavior, while the defense requested a sentence within the guideline range. The district court sentenced the defendant to 120 months imprisonment, significantly above the guideline range, and three years of supervised release. The defendant appealed, challenging the calculation of his criminal history category. Continue Reading ›