People convicted of disbursing drugs often face substantial sentences. While a subsequent intervening change in the law may impact the grounds for imposing a sentence in a drug crime case, it can be difficult to establish that such modifications are grounds for a sentence reduction, as discussed in a recent…
People charged with violating Florida law often worry that they will inevitably be convicted. In criminal cases, though, the prosecution faces a high burden of proof, and there are frequently defenses criminal defendants can assert to establish that the prosecution’s evidence is inadequate to establish guilt. Similarly, if a person…
The Florida and United States Constitutions aim to protect the rights of people charged with crimes. This means, among other things, that if the prosecution violates a person’s rights at any point in a criminal proceeding, such violations also may constitute grounds for challenging convictions that were the end result…
Criminal defendants will often want to mount a vigorous defense against the charges they face. In some instances, though, they will find it beneficial to enter into a plea agreement. Sentences issued pursuant to such agreements must abide by the sentencing laws and guidelines; otherwise, they may be overturned. This…
In Florida, people generally have the right to carry firearms. There are exceptions to the rule, however. For example, people convicted of felonies can be charged with crimes for possessing weapons. Convictions for such offenses can carry significant penalties, and in many cases, it is unlikely that any subsequent changes…
People charged with sex crimes often fear that they will have to remain in jail until their trial is over. In many cases, though, the courts find it appropriate to release people charged with sex offenses on bond, which allows them to participate more fully in their defense. If a…
In Florida, it is not uncommon for people to be sentenced to a term of probation, either after or in lieu of a prison sentence. People sentenced to probation, or community control, must abide by the terms of their probation order, which, among other things, means they must not commit…
People accused of crimes when they are minors will typically be charged as juveniles. Juvenile criminal defendants have the same rights as adults, and the procedural rules for juvenile hearings are largely the same as those applied in criminal trials. For example, the courts will adhere to the Florida rules…
In Florida, when sentencing a person convicted of a crime, the courts will rely on numerous factors when determining an appropriate penalty, including victim injury points. Thus, if a sentencing court improperly adds victim injury points, the resulting sentence may be illegal, and there may be grounds for vacating it,…
The Constitution affords criminal defendants numerous rights, including protections against stops or searches without a warrant. There are some exceptions to the warrant requirement, though, such as when an officer has reasonable suspicion or probable cause to believe that a person is committing a crime. In a recent Florida opinion…