In Florida, it is illegal for people to possess controlled substances other than those prescribed by a doctor. Additionally, it is unlawful to sell or distribute such drugs, and people caught with a certain quantity of illicit substances may be charged with drug trafficking. Drug trafficking is a serious crime…
Sarasota Criminal Attorney Blog
Crimes That Require a Sex Offender Registration in Florida
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…
Are DUI Checkpoints Legal in Florida?
Many DUI charges arise out of traffic stops that occur because of erratic driving or other circumstances that indicate a driver may be intoxicated. While the police are permitted to stop motorists, they generally must have a reasonable belief that a person is committing a crime or is about to…
Florida Court Process During COVID-19
The COVID-19 pandemic has drastically modified many aspects of daily living, including how courts handle the process of handling criminal hearings and trials. Criminal defendants have many rights under the state and federal constitutions, but some of them have been altered or impinged by COVID-19 orders, and it is critical…
Florida Court Affirms Denial of a Motion for Continuance in a Criminal Case
In many criminal matters, the State must rely on circumstantial evidence to obtain a conviction, such as eyewitness testimony. Similarly, criminal defendants often ask witnesses to testify to substantiate their defenses. Thus, the inability to present a witness can be greatly prejudicial to a defendant and may result in an…
Florida Court Explains Exceptions to Rule Against Hearsay in Sex Crime Cases
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…
Florida Court Explains Continuing Jurisdiction Over a Juvenile Criminal Case
The criminal justice system treats and prosecutes juvenile offenders differently than adults. Typically, a court that handles a juvenile matter retains jurisdiction over the case until the child reaches a certain age, but the duration of the jurisdiction varies depending on the offense for which the minor was convicted. A…
Florida Court Discusses Sentencing for Gun Crimes
Typically, it is unlawful for people previously convicted of felonies to possess weapons. As such, while owning a gun is legal for most people, convicted felons who are caught with guns can be charged with crimes. Depending on the nature of the person’s prior offenses, a conviction for unlawful possession…
Court Discusses Grounds for Awarding Restitution Under Florida Law
In many instances in which a criminal defendant is convicted of a crime, the court will not only sentence the person to jail time or probation but will also order him or her to pay restitution costs. A court may not order restitution without basis, however. Rather, as discussed in…
Florida Court Discusses a Possession of a Firearm Charge by a Convicted Felon
Typically, a person convicted of a felony under Florida law will lose the right to possess a firearm. Thus, while the possession of a firearm is usually legal for a person with no criminal past when a gun is owned or obtained by a person who has previously been convicted…