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TAMPA CRIMINAL LAWYER BLOG

Florida Court Discusses Requirements for Imposing an Enhanced Sentence

by Hanlon Law

Florida’s sentencing guidelines set forth the minimum and maximum sentences that may be imposed for specific crimes. In addition to the standard sentence, the guidelines allow for enhancements if certain elements are met. There are requirements that must be met before an enhanced sentence can be imposed, however, as explained in a case recently decided by the...

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Posted in: Aggravated Assault, Aggravated Battery, Sentencing

Court Analyzes What Constitutes a Willful Violation of Probation Under Florida Law

by Hanlon Law

Under Florida law, if a defendant is convicted of a crime, the penalty imposed will depend on several factors, including the nature of the crime, the defendant’s criminal history, and the likelihood the defendant will commit another criminal offense. In some cases, the court will sentence a defendant to probation in lieu of jail time....

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Posted in: Probation Violations, Sentencing

Florida Court Rules Dual Carjacking and Grand Theft Auto Convictions Violate Double Jeopardy

by Hanlon Law

While many people are aware of the protection afforded under the right against double jeopardy it is not always clear when double jeopardy applies and defendants are often convicted of more than one crime arising out of the same alleged act, in violation of double jeopardy. Recently, a Florida appellate court overturned a defendant’s conviction for grand...

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Posted in: Armed Robbery, Car Theft

Florida Court Rules that the Identity of the Defendant is not Necessary to Establish the Commission of a DUI

by Hanlon Law

It is axiomatic that the State cannot convict a person of a DUI based on suspicion alone. In other words, if the State lacks concrete evidence that a DUI  has been committed, a defendant cannot be found guilty of DUI. Recently, a Florida appellate court analyzed whether the identity of a DUI defendant is necessary to establish...

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Posted in: DUI

Florida Court Rules Criminal Charges Can Arise out of Cryptocurrency Transactions

by Hanlon Law

Cryptocurrency is a type of digital currency that is not widely used or understood. As cryptocurrency is a relatively new technological development, many states do not have laws regulating cryptocurrency transactions or case law defining whether the laws the pertain to money and money services should apply to cryptocurrency. Recently, a Florida appellate court ruled that a...

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Posted in: White Collar Crime

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