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…
If a person is stopped due to suspicion of driving under the influence (DUI), the police will typically ask the person to submit to field sobriety tests and chemical testing to assess whether he or she is impaired. Florida’s implied consent statute requires licensed drivers to submit to chemical testing…
In all criminal cases, the State bears the burden of producing evidence that the defendant committed the crime for which he or she is charged. If the State does not produce adequate evidence of a crime, the defendant should not be convicted. If a defendant is convicted despite insufficient evidence…
When a person is convicted of a crime, there are several factors that are considered in determining an appropriate sentence. For certain crimes, the court must employ a sentencing scoresheet to determine the minimum sentence that may be imposed. If a court does not properly classify the crimes for which…