In Florida criminal cases, courts often grapple with the balance between ensuring justice and protecting a defendant’s rights, particularly concerning the admission of evidence. Recently, in a high-profile Florida case, the court addressed the admissibility of prior bad acts under the Williams Rule and its implications on a fair trial.…
Since the dawn of social media, law enforcement agents will often seek evidence from criminal suspects’ social media accounts when investigating crimes. They generally cannot do so without a warrant, however, and if they do, any evidence obtained may be deemed inadmissible, as discussed in a recent Florida murder case.…
Battery and other crimes involving violent acts often carry substantial penalties, especially if the person charged has one or more prior convictions. As discussed in a recent Florida opinion, though, the courts generally cannot impose habitual offender penalties under multiple statutes to run concurrently. If you are charged with a…
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…
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…
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…
The Florida courts take allegations of domestic violence seriously and will order injunctions for protection in matters in which they believe the petitioners present credible evidence of acts that constitute domestic violence. People that subsequently violate such injunctions may be subject to criminal penalties. The prosecution must establish each element…
The state staunchly prosecutes violent crimes, and people convicted of such offenses are often sentenced to lengthy prison terms. There are statutory limits pertaining to sentences for violent crimes, however, and if a sentence imposed by a court exceeds the statutory guidelines, it may be illegal. Recently, a Florida court…
It is not uncommon for the State to file multiple criminal charges against a person following a single incident. While this is permissible, a person cannot be tried or convicted more than once for the same crime, as doing so would violate double jeopardy. In many instances, double jeopardy also…