Jury instructions play a central role in ensuring that criminal convictions rest on properly charged offenses and legally sound theories of guilt. When instructions stray beyond the charging document, defendants often argue that such errors undermine the fairness of the trial and require reversal. A recent Florida decision illustrates the…
Under state and federal law, it is illegal to transport a minor child for the purpose of engaging in sexual activity. Traveling with a minor for other purposes may be permissible, however, depending on the circumstances. As such, the prosecution must establish that the defendant had an illicit motive to…
Under Florida law, certain acts that are sexual in nature constitute crimes. While many sex offenses require the state to establish a specific intent, others merely demand that the state show the defendant committed the acts that constitute the crime. Recently, a Florida court clarified that the crime of sexual…
Sex crimes are serious offenses that often carry weighty penalties. Additionally, many convictions not only result in fines and prison time but may also require a person to register as a sex offender. Being on the sex offender registry can greatly impair many aspects of a person’s life, and it…
In many cases in which a person is charged with a sex offense involving a child, the State will have little if any direct evidence that a crime was committed. As such, the prosecution will often seek to admit circumstantial evidence to prove the defendant’s guilt, which may include hearsay…
In many cases in which a defendant is convicted of a crime of a sexual nature, the court will impose a sentence that includes a requirement that the defendant register as a sex offender. In some instances, though, a court has the discretion to remove a defendant’s requirement to register…
In some instances in which a defendant is charged with a sex crime, the State’s evidence is compelling, and it is prudent for the defendant to enter a plea of nolo contendere to avoid receiving the maximum penalties permitted. Even if a defendant does not defend against criminal charges, however,…
Criminal matters typically involve an evaluation of what strategy is most likely to result in a successful outcome, whether it is asserting an affirmative defense, seeking a deal on a lesser charge, or some other plan. In some instances, if a criminal defendant chooses one plan of action, it may…
It is not uncommon in criminal cases for the affidavit for an arrest warrant to contain facts and allegations the State is ultimately unable to prove at trial. If the defendant is ultimately convicted of the crimes with which he or she is charged if the information in the affidavit…
In many cases, a defendant who is convicted of a crime will be sentenced to probation. If a defendant violates the terms of the probation, however, the court may revoke the probation and sentence to the defendant to a term of imprisonment. Recently, a Florida appellate court discussed a defendant’s…