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Battery is a violent crime, and in some instances, the court will consider a person charged with felony battery to be a risk to society and will deny them bail. If a person that remains in jail throughout the pendency of their trial is ultimately convicted, they may be granted a credit towards their sentence on account of the time they already served. Not all time spent in jail counts towards a sentence, however, as demonstrated in a recent Florida ruling issued in a case in which the defendant appealed his sentence for a felony battery conviction. If you were charged with felony battery, it is smart to consult a skilled Florida violent crime defense lawyer to discuss your options.

Procedural History of the Case

Allegedly, the defendant was charged with and convicted of felony battery and misdemeanor assault. Following his conviction, he was sentenced to serve time in prison, and the trial court granted him credit for the time he spent in jail before he was sentenced. He moved to correct his sentence, and the court denied his motion. He filed three similar motions, which were also denied. He subsequently appealed his judgment and sentences.

Credit for Time Served

On appeal, the sole issue was whether the trial court erred in denying the defendant’s fourth motion to correct a sentencing error. The court explained that when the defendant was sentenced in 2018, he was granted credit for time served prior to his sentencing hearing. From the time he was sentenced until he was transported to prison; however, he spent an additional forty days in jail. Continue Reading ›

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In most cases, a person charged with a drug offence is aware of the seriousness of the repercussions of a possible conviction and will seek legal counsel. Additionally, under the United States Constitution’s Sixth Amendment, criminal defendants have the right to be represented by counsel. However, in some cases, a person accused of a drug violation will renounce that right and choose to go to trial without representation. A court must conduct certain investigations to determine that a renunciation of Sixth Amendment rights is voluntary and knowing; otherwise, it may be unlawful.

In a recent Florida judgment, the rules for considering a criminal defendant’s request to proceed without an attorney were explained. The defendant was charged with narcotics conspiracy charges. If you’ve been charged with a drug offense, it’s a good idea to talk to an experienced Florida criminal defense lawyer about your options.

The Trial of the Defendant

The defendant was accused of conspiring to possess narcotics with the goal to distribute them, as well as possessing narcotics with the intent to distribute and other drug charges, according to reports. He claimed that he would proceed to trial without the assistance of counsel, and he was found guilty as charged. He subsequently filed an appeal on many grounds, including that his waiver of his right to counsel was not voluntary or knowing. Upon reconsideration, the court dismissed his argument and upheld his conviction. Continue Reading ›

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In most DUI cases, the State will rely on the results of chemical testing to determine whether or not the defendant is guilty. Despite the fact that Florida’s implied consent legislation requires all motorists accused of DUI to consent to breath or urine testing, police must acquire warrants to conduct blood tests unless there are extenuating circumstances. If a person is forced to take a blood test without a warrant, the test may be considered an unreasonable search, and the findings may be inadmissible. The considerations considered in deciding whether the police conducted an unconstitutional blood test were discussed in a recent Florida judgment coming from a DUI prosecution. If you’ve been charged with a DUI, it’s a good idea to consult with a skilled Florida DUI defense attorney about your options.

The Subject Arrest

According to reports, the defendant was involved in a car accident. When officers arrived at the site of the accident, they suspected the defendant of being inebriated and asked her to submit to field sobriety tests. She performed poorly on the tests and claimed to have a knee issue. She admitted to drinking rum and coke earlier in the day when questioned if she had consumed alcohol.

The police allegedly took the defendant to a hospital and demanded that she give a blood sample. On two instances, she declined the request. After determining that a passenger in the other vehicle involved in the crash died as a result of his injuries, the investigating officer ordered an involuntary blood sample, which revealed that the defendant’s blood alcohol content (BAC) was 0.13 percent three hours after the accident. The defendant was charged with DUI manslaughter and filed a motion to suppress the blood test results prior to her trial. She appealed after the court dismissed her request and the jury returned a guilty judgment. Continue Reading ›

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DUI manslaughter charges are frequently filed against people who drive recklessly while inebriated and cause the death of another person. Further, such charges may be brought even if it is not immediately evident that drunk driving caused the collision and consequent loss of life. In such cases, a DUI defendant may be able to argue that the prosecution has not shown enough evidence to prove guilt. In a recent Florida decision, the court considered what evidence the state needs present to prove that a motorist was driving while intoxicated and caused a fatal accident. If you’ve been charged with DUI manslaughter, it is wise to speak to a knowledgeable Florida DUI defense attorney about your possible defenses.

The Facts of the Case

According to reports, the defendant was traveling on the back of his ATV with his son. They were traveling on a country road with poor visibility and no shoulder. The ATV tipped over into a ditch at 9:00 p.m. The defendant was able to return the ATV to the road, and he and his son climbed on and attempted to start it. Witnesses nearby attempted to warn a truck approaching the ATV to slow down and encourage the defendant and his son to get off of the road.

It is alleged that a truck collided with the ATV, killing the defendant’s child and seriously wounding the defendant, who was flown to the hospital. The defendant admitted to drinking, and a blood test revealed that his blood alcohol concentration (BAC) was. 16. After a trial, he was found guilty of DUI manslaughter. He filed an appeal, claiming that the State had failed to present enough evidence to prove his guilt. Continue Reading ›

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When a person is convicted of a crime, the court will often not only sentence them to prison but also require them to make restitution. Criminal defendants and the state frequently disagree over what constitutes reasonable recompense, however. This was illustrated in a recent child pornography case in Florida, where the defendant challenged a $10,000 reparation award to the victim. If you’ve been charged with a child pornography crime, it is in your best interest to speak with a Florida criminal defense lawyer as soon as possible.

The Facts of the Case

According to reports, the defendant was found guilty of possessing child pornography. He was sentenced to pay $10,000 in compensation to the victim of his crime after his conviction. He filed an appeal, claiming that the amount of compensation awarded did not accurately reflect his role in the victim’s injury, and requesting a new hearing on the restitution decision. The defendant’s request was denied by the appellate court, which upheld the lower court’s decision.

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In some criminal matters, the State has little or no direct evidence. Instead, the State’s case against the defendant will be dependent on circumstantial evidence. While circumstantial evidence is frequently accepted, hearsay evidence is not. As a result, a conviction based on hearsay evidence may be subject to reversal, as indicated by a recent Florida judgement in a case where the defendant was convicted of multiple counts of possessing child pornography. If you are suspected of possessing child pornography or any other offense, you should consult with an experienced Florida criminal defense attorney to determine your legal options.

The Trial of the Defendant

It is alleged that the defendant was detained and charged with 300 counts of having child pornography. A search warrant was used to gather evidence from his personal computer, which led to his arrest. Hash values are used to detect pornographic photographs of children that are stored in a national database, according to the digital forensic technician who analyzed his device at his trial. Three hundred pornographic images of minors were discovered on the defendant’s computer using this technology.

The digital forensic technician allegedly stated that he was able to identify the majority of the photographs as child pornography without using the hash values assigned to them, but that he couldn’t tell if the person depicted in one image was a child. Nonetheless, the State charged the defendant based on his opinion that a hash value applied to the photograph identified it as child pornography. After being found guilty on all three hundred counts, the defendant filed an appeal, claiming that his conviction was founded on a hearsay testimony that the photograph in question was pornographic. Continue Reading ›

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Both Florida law and the United States Constitution guarantee the right to a speedy trial to criminal defendants. It may be grounds for dismissal if a court violates this right by failing to try a person for a crime in a timely way, but not all delays will be considered a violation of a person’s rights. A recent Florida decision, in which the court refused a defendant’s appeal based on an alleged breach of his right to a speedy trial, addressed the question of what delays are acceptable. If you have been charged with a criminal offense, it is in your best interests to speak with an experienced Florida criminal defense lawyer about your options.

Charges Against the Defendant

According to reports, the defendant was arrested by a police officer in November 2019 for an accident that occurred in June 2019. In December of this year, he was booked with two DUI counts. Then, in June 2020, one of the crash victims passed away. As a result, the State changed the information a week later, reclassifying one of the DUI offenses as manslaughter.

The defendant then allegedly filed a motion to have the manslaughter charges against him dismissed, claiming that the State had violated his right to a speedy trial under the Florida Rules of Criminal Procedure and that the new charges should be dismissed because they were filed after the applicable time period had passed. He further asserted that he would have been tried before the death of the victim if the COVID-19 epidemic had not occurred. His motion was refused by the court, which ruled that the quick trial regulation had been suspended due to the pandemic. The defendant then filed an appeal. Continue Reading ›

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Generally, the Government cannot introduce evidence that a person previously was convicted of a crime prove a person’s character to demonstrate that they acted in accordance with that character on a specific occasion. In other words, proof a person committed a crime on a prior occasion cannot be used to establish guilt in a current criminal proceeding. Evidence of other crimes and bad acts can be introduced for other purposes, however. In a recent opinion issued in a drug crime case, a Florida court discussed the grounds for admissibility of evidence of other crimes. If you are charged with a drug offense, you should confer with a Tampa drug crime defense lawyer to discuss what evidence the Government is permitted to use against you.

The Facts of the Case

It is alleged that the defendant was charged with multiple drug crimes arising out of his alleged conspiracy to possess methamphetamines. The defendant’s coconspirator pleaded guilty, while the defendant entered a not guilty plea. The Government sought to introduce the defendant’s two prior convictions for possession of controlled substances with the intent to distribute at trial. The defendant moved to preclude the evidence as proof of other crimes, wrongs, and bad acts pursuant to Federal Rule of Evidence 404(b).

Admissibility of Other Crime Evidence

Federal Rule of Evidence 404(b) prohibits parties from using evidence of other acts, crimes, or wrongs to establish a person’s nature and to show that they acted in accord with that nature in a particular instance. Such evidence may be admissible for other purposes, though. Specifically, it can be used to show intent, motive, plan, knowledge, and identity, among other things. Continue Reading ›

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In 2018, the Florida Supreme Court promulgated a schedule of lesser included offenses. Recently, the court answered the certified question of whether it erred in classifying sexual battery as a necessarily lesser include offense of capital sexual battery, ultimately determining that it did. The court set forth its conclusion in an opinion issued in a Florida case in which the defendant was convicted of both capital sexual battery and sexual battery. If you are accused of a sex crime, it is advisable to meet with a Tampa sex crime defense lawyer to assess what defenses you may be able to assert in pursuit of a favorable outcome.

Procedural Background of the Case

It is reported that the defendant was charged with one count of lewd exhibition and three counts of sexual battery, arising out of elicit contact he had with his ex-girlfriend’s daughter when the daughter was between nine and fifteen years old. The victim testified at trial, reporting the acts occurred on over twenty different occasions, but three stood out in particular: once when she was 9, once when she was 11, and once when she was 13.

Allegedly, after the evidence was introduced at trial, the defendant requested that the court instruct the jury on the sexual battery as a necessarily lesser included offense of capital sexual battery. At that time, the schedule of lesser included offenses did, in fact, list sexual battery as a necessarily lesser included offense of sexual battery. The State objected to the instruction, arguing it was illogical. The court agreed and denied the request. The defendant was convicted, and he appealed. The appellate court affirmed the trial court ruling and certified the question to the Florida Supreme Court. Continue Reading ›

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The Florida courts will often sentence people convicted of federal crimes to lengthy prison terms. In some instances, though, a court will impose a more lenient penalty and sentence a person to probation. Offenders on probation must comply with the terms of their release, and if they do not, they may face significant penalties, including imprisonment. Recently, a Florida court discussed factors weighed in determining whether a sentence imposed after revocation of probation is reasonable in a case in which the defendant was sentenced to eleven months in prison. If you are accused of violating the terms of your probation, it is smart to meet with an experienced Tampa probation violation defense lawyer to evaluate your potential defenses.

History of the Case

It is reported that the defendant was charged with conspiring to commit mail fraud and participating in a tax fraud scheme. He entered a guilty plea and was sentenced to five years of probation. While on probation, he tested positive for marijuana, missed numerous drug tests and counseling sessions, and failed to report to his probation officer. Thus, the State moved for revocation of his probation.

Allegedly, during the revocation hearing, he asked for a second chance, which the court granted despite its reservations. The defendant tested positive for narcotics numerous times over the next five months. Subsequently, the district court revoked his probation and sentenced him to eleven months in prison, followed by eight years of supervised release. The defendant appealed, arguing his sentence was unreasonable. Continue Reading ›