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…
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,…
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…
In Florida criminal cases that are tried in front of a jury, the jury is responsible for assessing the evidence presented and issuing a verdict based on its assessment. The jury’s verdict will generally not be disturbed unless it is clearly against the weight of the evidence. If a court…
Criminal defendants who plead guilty or no contest to criminal charges or are convicted of crimes following a trial may be sentenced to a term of probation in lieu of incarceration. Standard terms of probation typically include the requirement that the defendant refrains from violating any laws or committing any…
The Fifth Amendment of the Constitution provides that a defendant can only be convicted of the crimes charged in the indictment. In some cases, the court will allow a conviction despite the fact that the evidence produced is insufficient to prove the specific crime listed in the indictment. A conviction…
The Florida statutes allow for a court to order a minor convicted of a crime to pay restitution for any damages caused by the crime. The State must show a significant link between the damages alleged and the restitution ordered for restitution to be proper, however. This was explained in…
If a defendant is convicted of a felony charge, the court will employ a sentencing scoresheet to determine what it believes to be an appropriate sentence. If a scoresheet includes points which should not be attributed to the defendant, it can result in an inappropriately high sentence. The points assessed…
It is important for all Tampa citizens to know what rights they are afforded under the law. For example, with some exceptions, the police are not permitted to search your property without a warrant or your consent. If you grant the police access to your property, however, it is possible…
Florida law allows for the expungement of criminal records in certain circumstances. An expungement can provide a defendant with a better chance to start over following a criminal conviction, but they are only granted in certain circumstances, regardless of how sympathetic the defendant’s case is. For example, in a recent…