Under Florida’s constitution, criminal convictions require a unanimous verdict. This means, in part, that jurors must be in complete agreement that the prosecution has established each element of the charged offense beyond a reasonable doubt. If there is ambiguity regarding the unanimity of a verdict, a defendant may be able…
At both the state and federal levels, sentencing guidelines set forth what constitutes an appropriate sentence for certain offenses. The courts are not bound by the guidelines, though, and can issue a sentence that is greater or lesser than that suggested. In doing so, the court must abide by certain…
Under State and Federal law, people have the right to represent themselves in criminal trials. Self-representation is not a venture that should be entered into lightly, however, as few non-attorneys possess the skills and legal knowledge needed to mount a compelling defense on their own behalf. While a pro se…
In Florida criminal matters, the prosecution bears the burden of proving the defendant’s guilt. While the prosecution can use circumstantial and direct evidence to establish that a defendant committed a crime, it cannot rely on facts not in evidence, as explained by a Florida court in a recent case in…
In Florida, crimes are classified by degrees, with life felonies carrying the most significant penalties. It is critical that the courts classify criminal offenses accurately because if they fail to do so, it can result in improperly enhanced sentences. The impact of an inaccurate crime classification was demonstrated in an…
People incarcerated in federal prisons typically have to serve the entirety of their sentences unless they are eligible for parole or get credit for good behavior. In some instances, though, federal prisoners may be able to obtain a compassionate release. Only reasons enumerated by statute qualify for release, however, as…
Many criminal defendants unwaveringly assert their innocence, but others choose to plead guilty in hopes of obtaining a favorable plea deal. State and federal law allows defendants to enter guilty pleas, as long as they do so willingly and with a clear understanding of the consequences of their decision, but…
People with an extensive criminal history may face greater penalties if they are convicted for another offense pursuant to the Armed Career Criminal Act (ACCA). Only certain offenses qualify as predicate offenses under the ACCA, though. Recently, a Florida court explained what constitutes a violent offense under the ACCA’s elements…
The Fifth Amendment of the United States Constitution protects people from incriminating themselves. In Miranda v. Arizona, the United States Supreme Court interpreted the Fifth Amendment to require that a criminal suspect be verbally advised of their right to remain silent and to be represented by an attorney prior to…
Generally, when imposing sentences for crimes, the courts are bound by the sentencing guidelines. They may issue sentences at the high or low end of the guidelines, however, and in some instances, they can deviate from the guidelines. The courts will consider numerous factors in determining an appropriate sentence but…