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…
Sarasota Criminal Attorney Blog
Florida Court Discusses Child Hearsay Exception in Sex Crime Cases
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…
Florida Court Discusses When Juveniles Are Required to Register as Sex Offenders
Juvenile residents of Florida may be charged with sex crimes, and although they are generally treated with more leniency than adult defendants, they may still face significant penalties if they are convicted. For example, if a juvenile defendant is convicted of a sex crime, in certain cases, he or she…
Florida Court Discusses Fundamental Errors Arising out of Improper Jury Instructions in Sex Crime Cases
Many criminal cases are resolved prior to trial. If a criminal case proceeds to trial, however, it is vital that the jury is correctly instructed on the precise elements of the crime, as the failure to do so can result in an unjust conviction. This was demonstrated in a recent…
Florida Court Discusses Collateral Crime Evidence in Sexual Offense Cases
In any criminal case, the State bears the burden of proving that the defendant committed each element of the crime. In many cases, the State does not have direct evidence and relies on circumstantial evidence to prove its case. In limited circumstances, the State is permitted to introduce evidence that…
Court Rules Medical Malpractice in Treating a Wound is not a Valid Defense in a Florida Murder Case
If you are charged with a violent crime there are a variety of defenses you can set forth to try to avoid a conviction, including self-defense and mistake. A Florida appellate court recently held, however, that evidence of medical malpractice is not a valid defense to a second-degree murder charge,…
Florida Court Discusses a Defendant’s Right to Confront His Accuser in a Sex Crime Case
If you are charged with a sex crime it does not mean that you no longer have any rights. Rather, under both Florida law and the United States Constitution, defendants accused of committing a sex crime have several rights, including the right to confront their accuser. If the court refuses…
Court Explains the Evidentiary Concept of “Opening the Door” in Florida Criminal Cases
In Florida, the law affords a person suspected of a crime certain rights and protections. For example, the State is prohibited from introducing evidence of bad acts that are not related to the offense charged against a criminal defendant at trial, unless an exception to the rule applies. Recently, a…
Florida Court Rules a Sentence of Life Imprisonment with Judicial Review After 25 Years is Not Unconstitutional
The Eighth Amendment of the United States Constitution protects a criminal defendant who is convicted of a crime from cruel and unusual punishment. The Constitution does not define cruel and unusual punishment, however, so the courts have been tasked with interpreting whether a sentence is barred by the Eighth Amendment.…
Court Reverses Conviction in Florida Case Due to Failure to Hold Competency Hearing
One of the tenets of Florida criminal law is that a defendant must be competent to stand trial. If a defendant’s competency is in question, a hearing must be held to determine whether the defendant is fit to stand trial for criminal charges. When a court fails to adequately assess…