In a DUI case, the State will often rely on a defendant’s BAC to establish guilt. The prosecution must support any assertions of a BAC with competent evidence; otherwise, statements regarding the defendant’s BAC level may be deemed inadmissible. As discussed in a recent Florida ruling, though, even if such…
Although white-collar crimes are not implicitly violent, they are often harshly penalized due to the financial losses they frequently cause. It is not uncommon for convictions for such offenses to result in years of imprisonment, as demonstrated in a recent Florida Medicaid theft case in which the court ultimately rejected…
Under the Florida and United States Constitution, people cannot be convicted more than once for the same crime. As such, if a defendant is found guilty of committing numerous offenses that all stem from the same incident and require the same proof, it may violate their double jeopardy rights, as…
Under federal law, people convicted of certain crimes lose privileges granted to most citizens. For example, people convicted of felonies constituting crimes of violence typically cannot lawfully carry or own firearms. As such, if a law enforcement agent stops a convicted felon and finds a gun in their possession, it…
People charged with serious violent crimes often fear that they will be found guilty and sentenced to serve a lengthy term in prison, especially if they have prior convictions. There are limitations as to what sentences the courts can impose, however, and if they deviate from the sentencing scheme without…
Pursuant to Florida law, while the courts have some discretion when sentencing people convicted of crimes, the sentences they administer must fall within the range dictated by the statutory guidelines. Accordingly, if a sentence exceeds a statutory maximum, it may be illegal and, therefore, may be subject to reversal. A…
Florida law regulates the possession and concealment of firearms. For example, people are permitted to carry concealed weapons, but only under certain circumstances. As such, if a person is caught by the police with a concealed gun in their possession, they may face criminal charges. As explained by a Florida…
People sentenced to supervised release in federal cases must comply with the terms of their release; otherwise, their release may be revoked. As demonstrated in a recent opinion issued in a Florida case, the state’s burden of proof in revocation hearings is lower than in criminal trials, and the federal…
There are numerous statutes and rulings that prevent criminal defendants from unjust convictions. For example, in many cases, a unanimous jury verdict is necessary to convict a person of a crime. When a single offense can be committed through alternative acts, though, unanimity is not necessary, as explained in a…
In Florida, driving is a privilege, and drivers must comply with certain laws in order to maintain that privilege. If they fail to do so, they may not only lose their right to drive but may face criminal charges as well. As demonstrated in a recent Florida case, people convicted…