Many criminal convictions result in sentences that include probation. While a person is not incarcerated during a probationary period, he or she must nonetheless comply with the terms of probation, and a person who willfully violates the terms of his or her probation may be sentenced to imprisonment. Recently, a…
It is well-known that a person cannot be forced to make incriminating statements and that people who are taken into police custody must be advised of their Miranda rights before they are interrogated. It is not always clear, however, when a person is considered to be in the custody of…
In Florida, drivers suspected of intoxicated driving have a legal duty to submit to a breath test. Should you violate this obligation, you could lose your license. Indeed, a DUI refusal can lead to immediate penalties—even if you are not actually intoxicated. In this article, our Tampa DUI defense attorney…
Florida has some of the toughest drug laws in the entire country. If you are arrested for drug possession in our state, you could be looking at serious criminal penalties—potentially including a lengthy prison sentence. Did you know that you can be charged with and convicted of drug possession even…
In many cases in which a defendant is charged with a sex crime, both the State and the defendant will rely on testimony and other circumstantial evidence to support their position. The testimony that is admissible in sex crime cases is limited, however, to protect the alleged victims of such…
In many Florida sex crime cases there is no direct evidence that a crime was committed. Instead the State relies on circumstantial evidence and victim and eyewitness testimony to establish its case against a defendant. Thus, if a witness in a sex crime case recants his or her testimony, it…
In Florida, if a person is charged with a sex crime the State may attempt to introduce proof that the person is guilty by introducing evidence of other crimes or similar acts. Although evidence of other crimes is admissible in some cases, the law protects criminal defendants from the introduction…
Florida’s sentencing guidelines set forth the minimum and maximum sentences that may be imposed for specific crimes. In addition to the standard sentence, the guidelines allow for enhancements if certain elements are met. There are requirements that must be met before an enhanced sentence can be imposed, however, as explained…
Under Florida law, if a defendant is convicted of a crime, the penalty imposed will depend on several factors, including the nature of the crime, the defendant’s criminal history, and the likelihood the defendant will commit another criminal offense. In some cases, the court will sentence a defendant to probation…
While many people are aware of the protection afforded under the right against double jeopardy it is not always clear when double jeopardy applies and defendants are often convicted of more than one crime arising out of the same alleged act, in violation of double jeopardy. Recently, a Florida appellate…