Federal sentencing statutes allow the courts to impose increased penalties for each subsequent conviction for a serious drug offense. It may not always be clear what constitutes a serious drug crime, however. In a recent Florida opinion issued in a drug offense case, the court discussed what constitutes a serious…
The Florida and United States Constitutions protect criminal defendants from being convicted more than once for a single offense. Protections against double jeopardy do not prevent multiple convictions for a single sex crime that impacts multiple victims, though, as a Florida court recently clarified. If you are charged with committing…
In many criminal matters, the prosecution lacks direct evidence that the defendant committed the crime in question. While prosecutors can use circumstantial evidence to demonstrate a defendant’s guilt, they must abide by any applicable rules of evidence. Recently, a Florida court examined when witness opinion testimony can be introduced in…
It is not uncommon for people to be charged with DUI crimes following alcohol-induced crashes. While the police are permitted to investigate collisions without warrants, it is not always clear what constitutes a crash and, therefore, grounds for conducting an investigation. In a recent Florida opinion, a court clarified what…
It is axiomatic that under state and federal law, a person cannot be charged with or convicted for the same crime more than once, as doing so would violate their protections against double jeopardy. Merely because a person is convicted of violating a specific statute more than once does not…
It is not uncommon for the prosecution to rely on circumstantial evidence to attempt to establish a defendant’s guilt in Florida sex crime cases. While both circumstantial evidence is admissible, the prosecution is generally precluded from introducing evidence of the defendant’s prior bad acts to demonstrate their guilt for their…
In Florida sex crime cases, the defendant’s guilt or innocence often hinges on how the jury perceives circumstantial evidence and the credibility of the witnesses. For example, a defendant may testify that they engaged in prior consensual activity with the victim in support of the argument that the acts in…
In Florida, people charged with crimes have numerous rights. For example, they have the right to be tried for their alleged crimes within a reasonable time; if they are not, they may be able to assert that the State violated their right to a speedy trial, and, therefore, the charges…
In Florida, most DUI arrests arise out of traffic stops. The police generally must have reasonable suspicion that a motorist is committing a crime or violating a traffic law in order to lawfully stop them, however, and if they do not, any evidence obtained during the stop arguably should be…
Florida law permits the courts to not only sentence people convicted of crimes to imprisonment but also to order them to pay restitution to their victims. Recently, a Florida court discussed the basis for imposing a restitution order in a battery case in which it affirmed the trial court’s sentence.…