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…
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…
It is not uncommon for verbal disagreements to become physical, which can ultimately result in criminal charges. In Florida, a person charged with assault or other violent defenses may be able to avoid a conviction if they can demonstrate they were acting in self-defense. If a court unjustly declines to…
When attempting to demonstrate a defendant’s guilt in a theft crime case, the State will often rely on both direct and circumstantial evidence. In some instances, the State may attempt to introduce evidence of collateral crimes as well. Such evidence is only admissible in certain circumstances, though, as discussed in…
Pursuant to the Armed Career Criminal Act, people convicted of serious drug offenses may face enhanced penalties if they are later convicted of another crime. There is often a dispute over what constitutes a serious offense, however. Recently, the United States Supreme Court clarified the Armed Career Criminal Act, ultimately…
Following the disbursing of loans during the pandemic, the government began to crack down on people who they alleged fraudulently obtained COVID relief. As with all criminal cases, the prosecution must prove each element of a crime in COVID loan theft cases, and if they cannot, the defendant should not…
People convicted of felonies often lose certain rights, like the right to possess a weapon. As such, if they are subsequently found with a gun in their possession, they may be charged with a crime. Additionally, depending on their criminal history, they may be sentenced as a career criminal. In…
People convicted of disbursing drugs often face substantial sentences. While a subsequent intervening change in the law may impact the grounds for imposing a sentence in a drug crime case, it can be difficult to establish that such modifications are grounds for a sentence reduction, as discussed in a recent…
People charged with violating Florida law often worry that they will inevitably be convicted. In criminal cases, though, the prosecution faces a high burden of proof, and there are frequently defenses criminal defendants can assert to establish that the prosecution’s evidence is inadequate to establish guilt. Similarly, if a person…
The Florida and United States Constitutions aim to protect the rights of people charged with crimes. This means, among other things, that if the prosecution violates a person’s rights at any point in a criminal proceeding, such violations also may constitute grounds for challenging convictions that were the end result…