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…
Tampa Criminal Lawyer Blog
Court Discusses Parameters of Florida’s Rape Shield Law
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…
Florida Court Discusses the Impact of Recantation of Testimony in Sex Crime Cases
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…
Court Discusses the Admission of Prior Bad Acts Evidence in Florida Sex Crime Cases
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 Court Discusses Requirements for Imposing an Enhanced Sentence
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…
Court Analyzes What Constitutes a Willful Violation of Probation Under Florida Law
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…
Florida Court Rules Dual Carjacking and Grand Theft Auto Convictions Violate Double Jeopardy
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…
Florida Court Rules that the Identity of the Defendant is not Necessary to Establish the Commission of a DUI
It is axiomatic that the State cannot convict a person of a DUI based on suspicion alone. In other words, if the State lacks concrete evidence that a DUI has been committed, a defendant cannot be found guilty of DUI. Recently, a Florida appellate court analyzed whether the identity of…
Florida Court Rules Criminal Charges Can Arise out of Cryptocurrency Transactions
Cryptocurrency is a type of digital currency that is not widely used or understood. As cryptocurrency is a relatively new technological development, many states do not have laws regulating cryptocurrency transactions or case law defining whether the laws the pertain to money and money services should apply to cryptocurrency. Recently,…
Florida Court Discusses Standard for Granting a Post-Conviction Withdraw of Plea
In some cases, it is beneficial to enter a guilty plea to criminal charges. It is essential that prior to entering a guilty plea a defendant understands the full extent of penalties he or she may face. If a defendant pleads guilty to a crime but is not fully informed…