The United States Constitution affords criminal defendants numerous rights that are staunchly upheld. For example, under the Double Jeopardy clause, people can only be tried for a crime once; if the government cannot convict a defendant of an offense the first time, it does not get another shot. This does…
Articles Posted in Child Pornography
Florida Court Discusses Criminal Intent
Intent is an element of several criminal offenses. In other words, in order to achieve a conviction, the prosecution must show that the defendant possessed a certain mental state at the time the alleged acts were committed. It may be difficult for the prosecution to prove intent in cases involving…
Florida Court Discusses Evidence Proving Violations of Sex Offender Probation
Many people convicted of sex crimes are fortunate enough to avoid jail time and are instead sentenced to probation. If a person sentenced to probation does not comply with the terms of his or her probation, the person’s probation may be revoked, and he or she may have to serve…
Florida Court Discusses the Standards for Granting an Acquittal in a Sex Crime Case
It is well established that the State must establish each element of an alleged crime in order to obtain a conviction. Thus, in many cases in which a defendant is convicted despite the lack of sufficient evidence, the defendant will file a motion for acquittal following his or her conviction.…