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When the State prosecutes a crime, it must adhere strictly to the charges set forth in the information, as due process requires that defendants receive clear notice of the specific crimes they must defend against at trial. As such, if the State proceeds on a theory that differs from the offense actually charged, even subtle statutory differences can result in reversible error. A recent decision from a Florida court illustrates how convictions may be overturned when the evidence and theory of prosecution do not align with the charging document. If you are facing firearm-related charges, you should consult a Tampa criminal defense attorney to ensure your rights are fully protected.

Case Setting

Allegedly, the defendant went uninvited to her daughter’s apartment complex, accompanied by another family member, because she was concerned about the daughter’s relationship and wanted to persuade her to leave the residence. An argument developed in the parking lot between the daughter and the accompanying family member, which escalated into physical pushing and shoving.

Reportedly, the defendant became involved in the altercation while carrying a firearm in a hip holster, which she routinely wore for personal protection. During the physical struggle, the firearm discharged and struck the daughter, causing injury. The evidence presented at trial conflicted as to how the firearm came out of the holster and who caused it to fire. Continue Reading ›

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When criminal defendants challenge their convictions, courts must carefully evaluate whether they received constitutionally effective representation and whether any claimed deficiencies truly undermined the reliability of the verdict. A recent decision from a Florida court illustrates how claims of ineffective assistance of counsel are analyzed when a defendant argues that jury unanimity may have been compromised by prosecutorial argument and verdict form structure. If you or a loved one is facing serious felony charges or considering postconviction relief, it is important to consult a Tampa criminal defense attorney who understands Florida appellate and postconviction law.

Facts and Procedural History

Allegedly, the State charged the defendant with sexual battery of a child based on conduct said to have occurred during two separate incidents in the fall of 2016. The charging document alleged a single count encompassing penetration that could have occurred either anally or vaginally within a defined timeframe.

Reportedly, the State presented testimony from multiple witnesses at trial, including three child witnesses. The primary victim testified that one incident involved anal penetration at the defendant’s home and that a later incident involved vaginal penetration. Two additional child witnesses testified to similar conduct occurring at the same location and described comparable statements made by the defendant when they told him to stop. Continue Reading ›

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Child sexual offense cases often hinge on evidentiary decisions that determine what the jury hears and how the State proves its allegations. Among the most consequential of these decisions is whether a court may admit a child’s out-of-court statements years later, long after the child has reached adulthood. A recent ruling from a Florida court demonstrates how courts interpret the child hearsay statute and resolve disputes about witness age, reliability, and statutory purpose in high-stakes retrials involving serious sexual offenses. If you are charged with a sex crime, you should consult a Tampa sex crime defense attorney who understands how to protect your rights.

Case Setting

Allegedly, the defendant was charged with multiple sex offenses involving his neighbor’s three daughters, who were between eight and eleven years old when the abuse occurred. The State filed a notice of intent to introduce child hearsay statements for each victim under section 90.803(23) of the Florida Evidence Code.

Reportedly, the trial court conducted the required hearing to determine the reliability of the statements. The court found that the time, content, and circumstances of the statements provided adequate safeguards of reliability and concluded that the out-of-court statements were trustworthy and admissible. Continue Reading ›

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Access to Florida’s drug court system can play a pivotal role in shaping the outcome of a criminal case, particularly for defendants whose conduct stems from substance abuse challenges. When a trial court improperly denies admission to drug court, the consequences can significantly alter a defendant’s exposure to penalties and available treatment options. A recent decision from a Florida court highlights the importance of ensuring that trial courts follow the statutory eligibility criteria and avoid unsupported decisions lacking competent, substantial evidence. If you are accused of a drug offense, it is in your best interest to consult with a Tampa criminal defense attorney because errors in drug court eligibility rulings can be corrected through appellate intervention. Individuals facing similar issues should consult a Tampa drug crime defense attorney as soon as possible.

Facts and Procedural History

Allegedly, the defendant petitioned for a writ of certiorari after the county court denied his request for admission into drug court. The defendant argued that the ruling departed from the essential requirements of law because it lacked competent substantial evidence and conflicted with the governing statutory criteria.

Reportedly, the defendant’s motion for drug court admission cited section 948.08(6)(b), Florida Statutes, which sets forth the eligibility requirements for voluntary admission into a pretrial substance abuse education and treatment program. The motion asserted that the defendant had a documented substance abuse problem, was amenable to treatment, was charged with a nonviolent felony, and had no more than two prior nonviolent felony convictions. Continue Reading ›

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Federal sex offense charges carry some of the harshest penalties in the criminal justice system. Even when sentencing guidelines recommend a relatively short term, a judge can impose a much longer sentence based on the nature of the conduct, the defendant’s history, and the perceived danger to the community. Defendants often believe that once they plead guilty, their sentencing outcome is fixed, but appellate courts sometimes review whether a district court acted within its discretion in imposing a lengthy term. A recent Florida sex crime case shows how appellate courts approach these issues and why an experienced federal defense attorney is essential in protecting a defendant’s rights. If you are accused of committing a federal offense involving a minor, a Tampa federal criminal defense lawyer can help you understand the government’s evidence and pursue the best possible result.

Factual and Procedural History

It is reported that the defendant engaged in sexually explicit online conversations with undercover Homeland Security agents posing as a thirteen-year-old girl. Between January and March of 2024, the defendant used the social media platform Kik to send dozens of obscene messages, photographs, and videos. It is alleged that he transmitted four pictures or videos depicting male genitalia and two videos showing adults engaged in sexual acts. The defendant repeatedly asked the individual he believed to be a minor to send nude images and attempted several times to arrange a meeting for sexual activity.

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Post-conviction challenges in federal criminal cases are often complex and narrowly limited. Many defendants believe they can revisit issues already decided at trial or on direct appeal, but federal courts apply strict standards to such requests. A recent decision from a court in Florida illustrates how difficult it is to reopen a final judgment under Rule 60(b)(6) of the Federal Rules of Civil Procedure. If you have been convicted of a federal offense and are considering an appeal or post-conviction motion, a skilled Tampa federal criminal defense attorney can evaluate your options and help you protect your rights.

Case Setting

It is reported that the petitioner was indicted on a single count of possession of child pornography, involving images and videos stored on a Sandisk USB flash drive, in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). Prosecutors offered a plea agreement that required the petitioner to plead guilty and acknowledge a ten-year minimum sentence based on a prior conviction for the same offense. In return, the government agreed to recommend a reduction for acceptance of responsibility.

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A federal firearm charge is one of the most serious situations a defendant can encounter. A single conviction can mean years in federal prison, especially when a judge imposes a sentence above the recommended guidelines. Defendants often believe that a guilty plea ends their chances of defending themselves, but post-conviction motions and appeals can sometimes provide a second opportunity to challenge unfair rulings. A recent decision from a Florida court shows how courts approach these challenges and why building a strong defense early is essential. If you are accused of illegally possessing a firearm, a Tampa federal criminal defense attorney can help protect your rights and fight for the best possible outcome.

Factual and Procedural History

It is reported that the defendant was involved in a road rage incident in January 2023 in which he exchanged gunfire with another driver. Allegedly, during the altercation, the defendant mistakenly fired into a third vehicle occupied by two adolescents, narrowly missing their heads and injuring one of them with shattered glass.

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In Florida, certain repeat offenders may be sentenced more harshly under the state’s “violent career criminal” statute. When prior convictions are used to enhance a sentence, disputes often arise over whether those convictions qualify under the law. Recently, the Florida Supreme Court issued a decision that clarifies how courts interpret predicate offenses in violent career criminal cases, particularly where juvenile escape convictions are involved. If you are facing serious firearm charges or enhanced penalties, it is critical to consult with a Tampa criminal defense attorney who can evaluate your record and protect your rights.

History of the Case

It is reported that the defendant was convicted by a jury of being a violent career criminal in possession of a firearm. The incident arose in 2019 after the defendant allegedly brandished a firearm during an argument and discharged multiple rounds into the air.

Allegedly, the State sought to establish the defendant’s status as a violent career criminal by presenting evidence of three prior convictions: aggravated battery in 2012, burglary in 2005, and escape in 1995. The defendant did not dispute that the aggravated battery and burglary convictions qualified as predicate offenses under the statute. However, the defense challenged the use of the 1995 conviction, arguing it arose under the juvenile code and did not meet the statutory definition of “escape” for violent career criminal purposes. Continue Reading ›

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When a defendant’s mental competence is in question, Florida law requires trial courts to make an independent determination before allowing a case to proceed. Competency proceedings safeguard a defendant’s constitutional right to a fair trial, and failure to follow these procedures can result in a conviction being overturned. A recent ruling issued by a Florida court in a theft case demonstrates how critical these protections are and illustrates the consequences when trial courts fail to properly address competency concerns. If you are facing criminal charges and have questions about your rights, it is critical to speak to a Tampa criminal defense lawyer promptly.

History of the Case

It is reported that the defendant was charged with grand theft auto. Before trial, the court appointed an expert to evaluate the defendant’s competence to proceed. This appointment was made after reasonable concerns were raised regarding the defendant’s mental condition. The record showed that the trial court had sufficient grounds to question whether the defendant fully understood the proceedings or could adequately assist in his defense.

It is alleged that despite appointing an expert, the trial court did not make an independent determination of the defendant’s competence before allowing the case to move forward. The case proceeded to trial, and the defendant was convicted and sentenced for grand theft auto. Following his conviction, the defendant argued that the trial court’s failure to make a required finding on his competency constituted fundamental error. Continue Reading ›

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Facing federal charges for sex trafficking or the enticement of minors is one of the most serious legal challenges a defendant can encounter. In order to obtain convictions for such crimes, the government must prove each element of the charged offense. If it fails to do so, there may be grounds for challenging a conviction, but as demonstrated in a recent Florida opinion, establishing that a conviction should be overturned can be difficult. If you are accused of a sex crime, it is essential to speak to a Tampa sex crime defense attorney about what you can do to protect your rights and future.

Case Background

It is reported that in early 2022, federal agents posted fake advertisements on a website known for sex trafficking. The defendant allegedly responded to one of these ads, seeking what he described as a “unique experience” with young girls. Over a series of text messages and calls, federal agents posing as traffickers informed the defendant that the two girls available were fifteen and thirteen years old. The defendant reportedly did not object to their ages and instead negotiated additional “services” for which he agreed to pay more money.

It is alleged that the defendant ultimately agreed to pay $550 in exchange for access to the minors and the extra services. He purportedly withdrew the cash from a bank and traveled to a hotel in Florida, where he met with an undercover agent. During this meeting, the defendant was again told that the girls were minors, but he nonetheless exchanged money for a room key. Federal agents arrested him in the hotel parking lot shortly thereafter. A grand jury indicted him on two counts of attempted sex trafficking of a minor and one count of attempted coercion and enticement of a minor to engage in sexual activity. Continue Reading ›