Under the Armed Career Criminal Act (ACCA), if a person convicted of a crime is deemed a career criminal, he or she may face increased penalties. The United States Supreme Court recently ruled in Johnson v. United States, that the residual clause in the ACCA was unconstitutionally vague. As such,…
In each criminal case, the defendant must choose which plea to enter, and in some cases it is prudent for a defendant to enter a guilty plea. Even if a defendant waives his or her right to a trial by conceding guilt, however, he or she is still afforded certain…
If you are a minor charged with a crime, it is essential to understand what sentence you might face prior to deciding to enter into a plea agreement. While certain crimes have mandatory sentences, in some cases it may not be clear what penalty applies to an offense under the…
A defendant charged with a crime in Florida can enter any plea provided for by the law. While a person charged should not enter a plea without thoroughly weighing the consequences, in some cases even if a plea was entered after careful consideration a defendant may wish to change his plea.…
In most criminal cases, whether a defendant is convicted or found innocent depends on the sufficiency of the evidence presented by both parties. If you are charged with a crime, it is important that any evidence that may be helpful to your defense be presented at your trial. Evidence is…
Under Florida law, the state is required to produce evidence that an officer is engaged in a lawful duty to convict a defendant charged with resisting arrest. In a recent case, the District Court of Appeal of Florida, Second District reversed a conviction for resisting an officer without violence, due…
The U.S. criminal justice system understands that juveniles do not have the same brain development and decision-making capacity as adults. To acknowledge this, Florida passed the Florida Youthful Offender Act (the “Act”) which gives alternative sentencing options for certain individuals who are under the age of 21 at the time…
Criminal courts have very specific rules around what kind of evidence can and cannot be admitted at trial. This includes the kind of things that different witnesses can testify about. Your knowledgeable Tampa criminal defense attorney can help you understand how these rules can apply in your situation. Expert vs.…
In the United States, criminal defendants do have the right to defend themselves. However, a United State Supreme Court case called Faretta clarified that a defendant’s waiver of counsel is only valid as long as it is knowingly and intelligently made. Essentially, a defendant needs to be competent enough to…
In order to stand trial, the defendant must be competent. The bar for competency is pretty low in a criminal proceeding, however. The defendant needs to be able to have enough rational understanding to be able to aid their lawyer in their own defense, and they must have a rational…