When a person is granted a new sentencing hearing, it can feel like a rare second chance, a critical opportunity to seek leniency, highlight mitigating factors, and present a complete picture of personal growth. But resentencing also opens the door for courts to weigh new and potentially damaging information. In…
Federal fraud prosecutions often result in enhanced penalties when the defendant is found to have engaged in additional unlawful conduct, such as obstructing justice or participating in the resale of stolen property. Sentencing enhancements can significantly increase a defendant’s prison term, and attempts to overturn them on appeal are rarely…
Federal sentencing laws impose strict limits on the types and lengths of punishment courts may impose, even when the facts of a case are particularly egregious. A recent Florida decision issued in a violent crime case reaffirms the non-waivable nature of statutory maximum penalties and emphasizes the principle that sentencing…
In Florida, a DUI arrest must be supported by probable cause based on the totality of the circumstances. While direct observation of driving is often central to this analysis, officers may rely on credible information from civilian witnesses and circumstantial indicators of impairment. This was demonstrated by a recent Florida…
In Florida criminal matters, a conviction must be based on legally sufficient evidence proving every element of the charged offense beyond a reasonable doubt. If the prosecution fails to meet this burden, a defendant can challenge their conviction on appeal, as illustrated in a recent Florida decision issued in a…
Federal sentencing laws provide mechanisms for defendants to seek reductions in their sentences under specific legal standards. When a defendant requests a sentence reduction, the court must evaluate whether extraordinary and compelling reasons justify such relief and whether the reduction aligns with sentencing guidelines and public safety considerations. A recent…
In Florida, people are protected against being convicted more than once for the same offense, as it violates their right against double jeopardy. While in some cases, it is clear that multiple convictions violate double jeopardy, in others, it is less so, as illustrated in a recent Florida ruling involving…
In criminal cases involving severe charges, the discretion of trial courts in sentencing and the imposition of probationary conditions often come under scrutiny. A recent Florida opinion examines these issues in the context of a second-degree murder conviction, shedding light on the boundaries of judicial authority. If you are facing criminal…
In criminal proceedings, the reliability of jury verdicts is fundamental to the justice system. As such, if a jury issues a verdict that does not align with the evidence presented at trial, it may constitute grounds for vacating a conviction. In a recent Florida decision issued in a sex crime…
Florida courts are bound by certain guidelines when issuing penalties in criminal matters. For example, they can only consider certain factors when determining penalties. As demonstrated in a recent Florida sex crime case, if they deviate from those factors, the defendant may have grounds for vacating their sentence. If you…