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Tampa Criminal Lawyer Blog

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Court Discusses Individualized Sentences in Florida Cases

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…

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Florida Court Discusses Permissible Considerations During Sentencing

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…

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Florida Court Discusses Sentencing in Sex Crime Cases

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…

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Florida Court Upholds Conviction Based on Prior Bad Acts Evidence

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…

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Florida Court Discusses Grounds for a Continuance in a Criminal Case

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…

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Florida Court Discusses Determining the Reasonableness of a Sentence

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…

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Florida Court Discusses the Right to a 12-Person Jury in Criminal Cases

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…

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Court Analyzes Upward Variances in Florida Criminal Sentences

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…

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