In some instances in which a defendant is charged with a sex crime, the State’s evidence is compelling, and it is prudent for the defendant to enter a plea of nolo contendere to avoid receiving the maximum penalties permitted. Even if a defendant does not defend against criminal charges, however,…
Criminal defendants have a right to be represented by competent counsel, which means they have the right to an attorney who will explain the merits of any defenses, the strength of the prosecution’s case, and the potential penalties they face if convicted. If a defendant chooses to disregard the information…
Many people convicted of sex crimes are fortunate enough to avoid jail time and are instead sentenced to probation. If a person sentenced to probation does not comply with the terms of his or her probation, the person’s probation may be revoked, and he or she may have to serve…
Criminal matters typically involve an evaluation of what strategy is most likely to result in a successful outcome, whether it is asserting an affirmative defense, seeking a deal on a lesser charge, or some other plan. In some instances, if a criminal defendant chooses one plan of action, it may…
It is well established that the State must establish each element of an alleged crime in order to obtain a conviction. Thus, in many cases in which a defendant is convicted despite the lack of sufficient evidence, the defendant will file a motion for acquittal following his or her conviction.…
In any criminal case, the prosecution bears the burden of proving each element of the crime charged beyond a reasonable doubt. Thus, the court will instruct the jury as to the elements of the crime a defendant is accused of committing, so that the jury may assess whether the evidence…
It is not uncommon in criminal cases for the affidavit for an arrest warrant to contain facts and allegations the State is ultimately unable to prove at trial. If the defendant is ultimately convicted of the crimes with which he or she is charged if the information in the affidavit…
When a person is charged with a crime in Florida, the State is generally precluded from introducing collateral evidence of other crimes. In other words, the State cannot produce evidence of uncharged crimes that the defendant allegedly committed as evidence of the defendant’s guilt. There are certain situations in which…
In many cases, a defendant who is convicted of a crime will be sentenced to probation. If a defendant violates the terms of the probation, however, the court may revoke the probation and sentence to the defendant to a term of imprisonment. Recently, a Florida appellate court discussed a defendant’s…
In Florida, if a person is charged with molestation of a minor child, the State is permitted to admit the child’s out of court statements if there is other corroborating evidence to support the statements, under the child hearsay exception. If the statements are not corroborated, however, they will be…