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…
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…
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…
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,…
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…
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…
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.…
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…
In some cases, rather than sentence a person convicted of a crime to imprisonment, a court will impose probation. A probation sentence typically includes conditions that the defendant must abide by. If a defendant fails to comply with the terms of his or her probation, probation may be revoked and…
The Florida legislature drafted criminal rules of procedure and appellate rules of procedure that a defendant must follow in defending against the charges he or she faces or appealing a conviction. It is essential to comply with the obligations set forth under the rules of procedure, as the failure to…