When sentencing a defendant following a conviction, the Florida courts will look at mitigating and aggravating factors to determine what constitutes an appropriate penalty. Typically, such analysis and sentencing occur shortly after a conviction. Merely because a significant amount of time has passed between a conviction and sentencing, however, does…
Under Florida law, people can be charged with multiple distinct crimes stemming from a single criminal incident. They cannot be convicted of the same offense more than once, however, as it violates double jeopardy. While in some cases, it is clear that a conviction violates a defendant’s double jeopardy rights,…
Under federal sentencing guidelines, the courts have the authority to impose increased penalties on people deemed career offenders. Only certain offenses qualify for the purposes of determining whether a person is a career offender, though. In a recent drug trafficking case arising in a Florida district court, the court clarified…
In Florida, most DUI arrests arise out of traffic stops. While the police are permitted to investigate DUI crimes, they can only do so if they have reasonable suspicion that such crimes are being committed. They do not need to obtain consent from a DUI suspect to conduct field sobriety…
In Florida, people convicted of sex crimes generally are required to register as sex offenders; if they fail to, they may face additional charges. Notably, people can be required to register as sex offenders if they are convicted of sexual offenses that require registration in other states. Recently, a Florida…
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…