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…
Sarasota Criminal Attorney Blog
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…
Court Discusses Illegal Sentences in a Florida Sex Crime Case
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,…
Florida Court Discusses Evidence in a Post-Conviction Hearing for Sex Crimes
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…
Florida Court Discusses Evidence Proving Violations of Sex Offender Probation
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…
Florida Court Discusses Waiver of Statute of Limitations Argument
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…