Under federal law, people with an extensive criminal history can be deemed career offenders, which means, in part, that they may face greater penalties for subsequent crimes. Only convictions for certain crimes will qualify a person for career offender status, however. If a defendant does not object to the sufficiency…
Sarasota Criminal Attorney Blog
Florida Court Discusses Revoking Probation Due to an Uncharged Violation
Typically, when people are sentenced to probation, they are required to comply with specific conditions, including, among other things, refraining from engaging in criminal behavior. If they violate the terms of their probation, it may be revoked, and they may be sentenced to imprisonment. In a recent Florida case, a…
Florida Court Examines the Right to a Speedy Trial in Criminal Matters
The right to a speedy trial is a cornerstone of the American criminal justice system, as it ensures that defendants are not subject to unnecessary delays in the legal process. If a criminal defendant found guilty of a crime believes that their right to a speedy trial was violated, they…
Court Examines Evidence of Prior Crimes in Florida Criminal Trials
In federal criminal trials, the prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. The prosecution can rely on direct or circumstantial evidence to establish its case. Generally, however, it cannot introduce evidence of a defendant’s prior convictions to demonstrate they committed the offense they currently…
Court Discusses Downward Departure Sentences in Florida Criminal Cases
In Florida, when sentencing a person convicted of a crime, the courts will generally rely on statutory guidelines. The courts have the discretion to deviate from the guidelines, however, if the party seeking an upward or downward sentence demonstrates that a departure is warranted. In a recent opinion issued in…
Florida Court Discusses Evidence in Sex Crime Cases
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…
Court Discusses Severance of Charges in Florida Criminal Trials
Typically, when a person faces numerous charges arising out of a single incident, they will be tried for all of the offenses in one trial. In some instances, though, a defendant may be able to successfully demonstrate that certain charges should be severed, as a trial on all charges at…
Florida Court Reverses Gun Crime Conviction Following Unreasonable Search
The Fourth Amendment of the United States Constitution offers people protection from unreasonable searches and seizures. Broadly speaking, this means that law enforcement officials must have a warrant to conduct a search. Fourth Amendment protections are critical to safeguarding individual privacy and preventing government abuse of power. There are exceptions…
Court Explains How Prior Marijuana Crime Convictions Impact Sentencing in Florida
Laws pertaining to the medical and recreational use of marijuana continue to change in Florida and throughout the country. As such, many acts that were once criminal are now legal. A prior conviction for a marijuana-related offense can still adversely impact a defendant’s presentence investigation report, however, as demonstrated in…
Florida Court Explains Grounds for Downward Departure Sentences
The Florida legislature enacted statutory guidelines that the courts use when sentencing people convicted of violating state law. Sentencing courts have discretion, however, and can deliver downward departure sentences if they believe they are warranted under the circumstances. Recently, a Florida court examined when a downward departure sentence is appropriate…