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…
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…
People charged with sex crimes often fear that they will have to remain in jail until their trial is over. In many cases, though, the courts find it appropriate to release people charged with sex offenses on bond, which allows them to participate more fully in their defense. If a…
In Florida, when sentencing a person convicted of a crime, the courts will rely on numerous factors when determining an appropriate penalty, including victim injury points. Thus, if a sentencing court improperly adds victim injury points, the resulting sentence may be illegal, and there may be grounds for vacating it,…
The Florida and United States Constitutions protect criminal defendants from being convicted more than once for a single offense. Protections against double jeopardy do not prevent multiple convictions for a single sex crime that impacts multiple victims, though, as a Florida court recently clarified. If you are charged with committing…
It is not uncommon for the prosecution to rely on circumstantial evidence to attempt to establish a defendant’s guilt in Florida sex crime cases. While both circumstantial evidence is admissible, the prosecution is generally precluded from introducing evidence of the defendant’s prior bad acts to demonstrate their guilt for their…
In Florida sex crime cases, the defendant’s guilt or innocence often hinges on how the jury perceives circumstantial evidence and the credibility of the witnesses. For example, a defendant may testify that they engaged in prior consensual activity with the victim in support of the argument that the acts in…
In Florida, people convicted of sex crimes generally are required to register as sex offenders; if they fail to, they may face additional charges. Notably, people can be required to register as sex offenders if they are convicted of sexual offenses that require registration in other states. Recently, a Florida…
Many criminal defendants unwaveringly assert their innocence, but others choose to plead guilty in hopes of obtaining a favorable plea deal. State and federal law allows defendants to enter guilty pleas, as long as they do so willingly and with a clear understanding of the consequences of their decision, but…
Generally, Florida law dictates that crimes must be prosecuted within a certain amount of time. Thus, if the state fails to prosecute a person for an offense within the statute of limitations, it may waive the right to do so. Some offenses can be prosecuted at any time, however, as…