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…
Sarasota Criminal Attorney Blog
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…
Florida Court Discusses Whether Retained DNA Evidence Violates Rights
Frequently, when a crime is committed, the police will gather any available DNA that is located at the crime scene and submit it for comparison with the profiles stored on a DNA database known as CODIS (Combined DNA Index System). Recently, in a case in which the defendant was charged…
Florida Court Discusses the Requirement to Register as a Sex Offender
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…