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Tampa Criminal Lawyer Blog

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Florida Court Explains State’s Burden of Proof at Probation Revocation Hearings

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…

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Federal Court Explains Constructive Amendment of an Indictment in Florida Drug Crime Case

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…

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Florida Court Overturns Restitution Order Due to Insufficient Evidence Linking the Crime to the Damages

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…

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Florida Court Rejects Challenge to Victim Injury Points on a Sentencing Scoresheet

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…

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Court Declines to Expunge Human Trafficking Victim’s Kidnapping Arrest

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…

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Federal Court Rules Florida Attempted Murder is a Violent Crime for Purposes of Imposing an Enhanced Sentence

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,…

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Florida Court Holds Actual Possession of a Gun is Not Needed to Impose a Firearm Sentence Enhancement

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…

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