It is not uncommon for a person to be charged with multiple crimes following a single criminal episode. While the government can convict a person for more than one offense after one criminal transaction, it cannot violate their protections against double jeopardy. Thus, if their convictions constitute multiple convictions for…
Tampa Criminal Lawyer Blog
Florida Court Discusses Double Jeopardy Violations
In Florida, it is a crime to leave the scene of a car crash if the collision causes an accident or death. As demonstrated in a recent case, however, the act of doing so only constitutes a single crime. In other words, a person cannot be charged more than once…
Florida Court Explains Protections Against Cruel and Unusual Punishments
State and federal governments have the authority to issue punishments for criminal offenses. They cannot do so in a manner that is deemed unusual or cruel, however. As such, if a criminal defendant believes a sentence violates their Eighth Amendment rights against unusual and cruel punishment, they may be able…
Florida Court Discusses Elements of Lewd and Lascivious Battery
Under Florida law, there are many crimes that can be committed in multiple ways. In such instances, the prosecution only has to prove that the defendant engaged in the behavior set forth in one method to obtain a conviction. This was demonstrated in a recent ruling issued by a Florida…
Court Discusses Sentencing Under Florida’s Prison Releasee Reoffender Law
Pursuant to Florida law, courts can impose greater penalties on people who are convicted of crimes if they were previously incarcerated. Only certain offenses allow for the imposition of increased sentences, though, and if a court improperly interprets the sentencing laws, the sentence imposed may be illegal. This was demonstrated…
Florida Court Discusses the Elements of Conspiracy
There are strict laws regulating the healthcare professions to ensure that people working in medical fields make ethical decisions regarding patient care. For example, federal law prohibits parties from offering or accepting healthcare kickbacks, and professionals that engage in schemes to do so may be convicted of conspiracy. Recently, a…
Florida Court Discusses Guilty Pleas
Most people charged with a crime assert their innocence. In some cases, though, a person will choose to plead guilty for various reasons. While criminal defendants have the right to enter a guilty plea if they do, the courts take great measures to ensure that their plea is made voluntarily…
Florida Court Analyzes Grounds for Revoking Probation
In some Florida criminal cases, the courts will sentence a defendant to probation rather than imprisonment. People on probation must abide by the terms and conditions of their sentence, however, and if they do not, their probation may be revoked. Generally, though, inadvertent and unintentional probation violations are insufficient to…
Florida Court Discusses Enforcement of Restitution Orders in Criminal Cases
In many criminal cases, the courts will order a person convicted of a crime to pay restitution. Further, the government is permitted to enforce restitution orders by garnishing or collecting a defendant’s property, with few exceptions. Recently, a Florida court analyzed whether it could collect restitution from a defendant’s inmate…
Florida Court Discusses Restitution in White-Collar Crime Cases
White-collar crimes generally do not involve physical harm, but they nonetheless cause significant damages. In many cases, the courts will order someone convicted of a white-collar crime to pay restitution for the financial losses they caused. Regardless of the defendant’s resources, such orders will often require the defendant to pay…