There are numerous measures in place at the state and federal levels that aim to protect people from unjust convictions. Among other things, people convicted of crimes have the right to file an appeal if they believe they were improperly convicted. If they fail to raise an argument on appeal,…
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…
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…
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…
White collar crimes, like fraud and conspiracy, typically do not involve bodily harm but they are nonetheless staunchly prosecuted. As with any other criminal offense, the prosecution bears the burden of proving each element of a white crime beyond a reasonable doubt, and if it cannot, the defendant should be…
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…
While ignorance of the law is not a defense, criminal statutes generally aim to punish intentional wrongdoing. Thus, in many instances, the prosecution must prove that the defendant purposely committed the unlawful act. Some statutes are vague, though, leaving room for interpretation as to what evidence is needed to obtain…
In order to convict someone of a DUI, the State generally must prove the person was driving while intoxicated, which it usually does through the introduction of evidence of the individual’s blood alcohol concentration. Thus, if the police improperly obtained a blood test and the results of the test are…
In Florida, when a defendant is convicted of a sex crime, the courts will look to statutory guidelines to determine an appropriate sentence. Depending on the facts of the case, it may require the court to employ a sentencing multiplier. While doing so will typically increase a sentence, in a…
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…