The coronavirus spread rapidly through many prisons, causing extreme illness, death, and fear of lasting health concerns. Thus, many inmates with concerning health issues have sought modifications of their sentences under the CARES Act and other federal statutes, but such requests are not readily granted. Recently, a Florida court issued…
Many crimes, including theft, contain an element of intent. In other words, the State must show that a defendant charged with an intent crime possessed the required mental state at the time the offense was committed; otherwise, the defendant should not be convicted. The evidence needed to demonstrate intent in…
First-degree murder is one of the most serious crimes the State can charge a person with, and a conviction has the potential to result in a death sentence. Generally, the State must prove that certain aggravating factors were present during the commission of a homicide crime for a person to…
Judges have a duty to be fair and impartial when presiding over criminal matters, but many judges harbor implicit or explicit biases. A judge’s prejudices may make it difficult or impossible to receive a fair trial, but fortunately, parties that suspect a judge of being biased can file a motion…
When the police conduct a criminal investigation, they will typically obtain a warrant to uncover information that is private or otherwise not readily accessible. If the police gather certain evidence without a warrant, however, it may violate the Fourth Amendment protections against unreasonable search and seizures, and the evidence may…
In some instances, a defendant convicted of a criminal offense will be sentenced to probation rather than imprisonment. Although people on probation have significantly more freedoms than those who are imprisoned, their liberties are not boundless. Specifically, they must comply with the restrictions imposed by their probation orders. If they…
There are numerous factors that the court will weigh in determining what constitutes an appropriate sentence for a person convicted of a crime, including whether the defendant has a prior criminal record or has other criminal charges that are pending. It is critical that a defendant’s other criminal activity be…
In many criminal cases, the State lacks direct evidence that the defendant committed a crime. Thus, in such instances, the State will rely on circumstantial evidence to build a case against the defendant. While circumstantial evidence is generally admissible, it must bear a connection to either the defendant or the…
Typically, jurors possess only a vague understanding of what acts constitute a particular crime. Thus, in Florida criminal cases, the court will provide the jury with instructions regarding what factual elements the State must prove in order for the defendant to be found guilty. If a court fails to properly…
The most severe punishment a criminal defendant may face in Florida is the death penalty. Recent changes in Florida law, though, make it more difficult for a criminal defendant to be sentenced to death. In a recent Florida case in which the defendant was charged with murder, the court discussed…