Tampa Criminal Lawyer Blog

Drug Charges in Florida: What is Constructive Possession?

Posted In: February 5, 2020 | By Hanlon Law, PA

Florida has some of the toughest drug laws in the entire country. If you are arrested for drug possession in our state, you could be looking at serious criminal penalties—potentially including a lengthy prison sentence.

Did you know that you can be charged with and convicted of drug possession even if a controlled substance is never actually discovered in your hands or on your person?

It is called “constructive possession”—and it occurs when someone maintains control over a banned substance without having it within their physical grasp.

Court Discusses Parameters of Florida’s Rape Shield Law

Posted In: August 20, 2019 | By Hanlon Law, PA

In many cases in which a defendant is charged with a sex crime, both the State and the defendant will rely on testimony and other circumstantial evidence to support their position. The testimony that is admissible in sex crime cases is limited, however, to protect the alleged victims of such crimes. For example, Florida’s Rape Shield law prohibits a criminal defendant from introducing evidence of the victim’s sexual activity. Recently, the District Court of Appeal of Florida, First District, discussed the parameters of the Rape Shield law, in a case in which the defendant was charged with sexual battery. If you live in Tampa and are charged with a sex crime it is critical to meet with an experienced Tampa sex crime defense attorney to discuss what evidence the State may introduce against you and what you can do to protect your rights.

Facts of the Case

It is reported that the victim met the defendant, a pastor when she was in fifth grade and established a relationship with him when she was a freshman in high school. She reported that the defendant would buy her gifts and that she would occasionally spend the night at his house. On several occasions, the defendant reportedly sexually assaulted the victim. The victim stated the defendant stopped giving her gifts when she stopped attending church. She cut ties with the defendant in November 2014, after which she reported to her family what happened.

It is alleged that the victim was interviewed during a counseling session in 2013, during which she reported three incidents of sexual abuse, none of which were perpetrated by the defendant. The victim stated during the session that those were the only times she was touched inappropriately. The defendant was charged with lewd or lascivious battery and sexual battery. Prior to trial, the State moved to preclude evidence of the victim’s prior sexual relationships pursuant to Florida’s Rape Shield law. The court granted the motions, and the case proceeded to trial. The defendant was convicted, after which he appealed, arguing in part that the trial court erred in precluding evidence of the victim’s sexual abuse history.

Florida Court Discusses the Impact of Recantation of Testimony in Sex Crime Cases

Posted In: July 28, 2019 | By Hanlon Law, PA

In many Florida sex crime cases there is no direct evidence that a crime was committed. Instead the State relies on circumstantial evidence and victim and eyewitness testimony to establish its case against a defendant. Thus, if a witness in a sex crime case recants his or her testimony, it may necessitate a new trial. A Florida appellate court recently analyzed when the recantation of testimony is grounds for a new trial in a case in which the defendant was convicted of multiple sex crimes. If you are a Tampa resident charged with any sex crime, including sexual battery, it is vital to engage a skillful Tampa sex crime defense attorney to aid you in formulating a defense.

Factual and Procedural Background

Reportedly, the defendant was charged with several sex crimes, including indecent assault, sexual battery, and lewd and lascivious molestation. Following a trial, he was convicted on all charges. The alleged victim’s older sister, who was one of the State’s witnesses, recanted her testimony by stating in an affidavit that she advised a third sister the defendant was innocent. The third sister also signed an affidavit in which she stated that the recanting witness advised her that the defendant was innocent, but she was being pressured by detectives to testify on behalf of the State. The defendant subsequently filed a motion for post-conviction relief, based on numerous grounds including the recanted testimony. The trial court denied his motion. The defendant then appealed.

Impact of Recantation of Testimony

Under Florida law, the recantation of testimony is regarded as exceedingly unreliable. Thus, if a witness for the State recants his or her testimony, a new trial is only required if the court finds that the recantation is truthful and that the witness’s testimony will change so drastically that it would likely cause a different verdict to be rendered.
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Court Discusses the Admission of Prior Bad Acts Evidence in Florida Sex Crime Cases

Posted In: June 27, 2019 | By Hanlon Law, PA

In Florida, if a person is charged with a sex crime the State may attempt to introduce proof that the person is guilty by introducing evidence of other crimes or similar acts. Although evidence of other crimes is admissible in some cases, the law protects criminal defendants from the introduction of misleading or prejudicial facts or allegations by strictly limiting what evidence may be introduced by the State. The District Court of Appeals for the Fifth District of Florida recently discussed the grounds for admission of evidence of prior acts, in a case in which it precluded evidence of the defendant’s alleged past child molestation. If you live in Tampa and are currently facing sex crime charges it is crucial to retain a trusted Tampa criminal defense attorney to help you seek a successful result.

Factual and Procedural Background

Reportedly, the defendant was charged with sexual battery and lewd or lascivious molestation of a child who was less than twelve years old. Prior to trial, the State filed a notice that it intended to introduce evidence of other crimes or acts of child molestation that the defendant allegedly committed. After an evidentiary hearing, the trial court entered an order prohibiting the State from admitting evidence of the defendant’s alleged prior acts of molestation. The State filed a petition for review of the order. Upon review, the appellate court affirmed.

Grounds for Admission of Prior Acts

In Florida criminal cases in which a defendant is accused of child molestation, evidence of other acts of molestation or other crimes or wrongs may be admitted and considered for any matter for which they are relevant. In denying the State’s use of prior acts evidence, the trial court noted that, under Florida law, a court weighing whether to admit evidence of prior bad acts must consider when the alleged acts occurred and the proximity in time between the prior act and current alleged acts.

Florida Court Discusses Requirements for Imposing an Enhanced Sentence

Posted In: May 21, 2019 | By Hanlon Law, PA

Florida’s sentencing guidelines set forth the minimum and maximum sentences that may be imposed for specific crimes. In addition to the standard sentence, the guidelines allow for enhancements if certain elements are met. There are requirements that must be met before an enhanced sentence can be imposed, however, as explained in a case recently decided by the District Court of Appeals of the Fifth District, in which the defendant was sentenced to an enhanced penalty following assault and battery convictions. If you are charged with assault, battery, or any other violent crime it is vital to engage a capable Tampa criminal defense attorney to assist you in formulating a defense and protecting your rights.

Facts Regarding the Charges and Conviction

The defendant was charged with aggravated battery and aggravated assault. The information alleged that the defendant committed an aggravated battery in the alternative. In other words, it alleged that the defendant used a firearm or knowingly caused great bodily harm in committing the battery. Following a trial, he was convicted of both counts. Regarding the aggravated battery charge, the jury included a special verdict that stated that the defendant possessed and discharged a firearm causing great bodily harm. Similarly, the guilty verdict for the aggravated assault charge contained a special verdict stating the defendant possessed and displayed a firearm in the course of committing the crime. The defendant was subsequently sentenced to twenty-five years imprisonment for each charge, after which he moved to correct the sentences, arguing they were illegal.

Enhanced Sentences

The post-conviction relief court granted the defendant relief as to the sentence for the assault charge. Thus, the appellate court only addressed whether the sentence for the battery charge was proper. The court noted that if a person is convicted of aggravated battery in which he or she discharged a firearm and as a result of the discharge caused great bodily harm, the person will be sentenced to an enhanced minimum sentence of twenty-five years imprisonment. To pursue an enhanced mandatory sentence due to the use of a firearm, however, the State is required to set forth the grounds for the enhancement in the charging document. The State’s failure to precisely charge the elements cannot be cured by a jury’s findings.
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Court Analyzes What Constitutes a Willful Violation of Probation Under Florida Law

Posted In: April 17, 2019 | By Hanlon Law, PA

Under Florida law, if a defendant is convicted of a crime, the penalty imposed will depend on several factors, including the nature of the crime, the defendant’s criminal history, and the likelihood the defendant will commit another criminal offense. In some cases, the court will sentence a defendant to probation in lieu of jail time. A defendant sentenced to probation must comply with the terms and conditions of probation which are set by the court at the time of sentencing.

If a defendant violates any of the terms of probation it can result in a revocation of probation and a sentence of imprisonment. A Florida appellate court recently analyzed the State’s burden of proof in showing a defendant’s probation violation warrants revocation, in a case in which the defendant’s violation was revoked due to a willful violation. If you are charged with a probation violation in Tampa, it is critical to speak with a trusted Tampa criminal defense attorney as soon as possible to prepare a defense.

Facts Regarding the Defendant’s Probation

Florida Court Rules Dual Carjacking and Grand Theft Auto Convictions Violate Double Jeopardy

Posted In: March 27, 2019 | By Hanlon Law, PA

While many people are aware of the protection afforded under the right against double jeopardy it is not always clear when double jeopardy applies and defendants are often convicted of more than one crime arising out of the same alleged act, in violation of double jeopardy. Recently, a Florida appellate court overturned a defendant’s conviction for grand theft auto, finding that it was precluded under double jeopardy due to his carjacking conviction. If you live in Tampa and are charged with grand theft or any other theft crime, it is important to protect your rights by retaining an experienced Tampa criminal defense attorney who will present a tenacious defense on your behalf.

The Alleged Carjacking and Grand Theft Auto

Allegedly, in August of 2015, a man went up to a woman approaching her car and pointed a gun at her, telling her if she screamed, he would shoot her. The man took the woman’s phone and purse and then used her keys to steal her car. The woman reported the car as stolen, and the police spotted the car with a license plate reader. The police pursued the car with lights and sirens activated, but the vehicle did not stop until it crashed. The defendant exited the vehicle after the crash and fled on foot. After a pursuit he was detained and arrested.

Florida Court Rules that the Identity of the Defendant is not Necessary to Establish the Commission of a DUI

Posted In: March 20, 2019 | By Hanlon Law, PA

It is axiomatic that the State cannot convict a person of a DUI based on suspicion alone. In other words, if the State lacks concrete evidence that a DUI has been committed, a defendant cannot be found guilty of DUI.

Recently, a Florida appellate court analyzed whether the identity of a DUI defendant is necessary to establish that a DUI has been committed. If you are a Tampa resident and are charged with a DUI or another crime, it is essential to retain a capable Tampa criminal defense attorney to assist you in protecting your rights.

Alleged Facts Regarding the Defendant’s DUI

Allegedly, a police officer observed a black SUV swerving through traffic at a speed that was twenty miles an hour over the posted speed limit. The officer observed the driver of the vehicle when it traveled past him, and noted that she was wearing a pink shirt and had long hair. The officer activated his emergency lights and sirens, and the driver increased her speed. The officer watched the vehicle run a red light and strike a valve box on the side of the road, after which he ended his pursuit.

Florida Court Rules Criminal Charges Can Arise out of Cryptocurrency Transactions

Posted In: March 13, 2019 | By Hanlon Law, PA

Cryptocurrency is a type of digital currency that is not widely used or understood. As cryptocurrency is a relatively new technological development, many states do not have laws regulating cryptocurrency transactions or case law defining whether the laws the pertain to money and money services should apply to cryptocurrency.

Recently, a Florida appellate court ruled that a defendant could be charged with money laundering and unlawfully engaging in money services business based on transactions involving cryptocurrency If you live in Tampa and are charged with a criminal offense arising out of transactions involving cryptocurrency you should speak with a trusted Tampa criminal defense attorney to determine how to defend against the charges you face.

The Defendant’s Bitcoin Transactions

Allegedly, an undercover detective contacted the defendant regarding the sale of Bitcoins. Bitcoins are a type of cryptocurrency with no backing by the government. The defendant and the undercover detective engaged in several transactions in which the defendant sold the detective Bitcoins in exchange for cash. The defendant was not registered under either the state or federal databases as a “money services business.”

Florida Court Discusses Standard for Granting a Post-Conviction Withdraw of Plea

Posted In: March 6, 2019 | By Hanlon Law, PA

In some cases, it is beneficial to enter a guilty plea to criminal charges. It is essential that prior to entering a guilty plea a defendant understands the full extent of penalties he or she may face. If a defendant pleads guilty to a crime but is not fully informed of the potential sentences for the crime, he or she may be able to withdraw the plea.

A Florida appellate court recently addressed the standard for allowing a defendant to withdraw a plea after a conviction, in a case in which the defendant was not informed of mandatory sentencing requirements prior to entering his plea. If you are Tampa resident facing criminal charges, you should meet with a capable Tampa criminal defense attorney to discuss the potential penalties for the charges you face.

Facts Regarding the Defendant’s Plea and Sentencing

Reportedly, the defendant was involved in a motor vehicle collision in which he rear-ended another vehicle. The driver of the other vehicle was paralyzed and the defendant was charged with DUI involving serious bodily injury to another. The trial court advised the defendant during a change of plea colloquy that his driver’s license may be suspended “for additional periods” if he pled guilty to a drug offense. The court did not mention any other revocation. The defendant plead guilty, after which the State requested that the court permanently revoke the defendant’s driver’s license. Further, the State noted that the statutory minimum revocation was for three years.