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…
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…
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…
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…
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…
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…
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…
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…
In federal criminal cases, the government must prove that a defendant knowingly possessed a firearm in furtherance of a drug trafficking offense in order to secure a conviction. At trial, proper jury instructions and fair evidentiary rulings are critical to ensure that the defendant receives a constitutionally sound proceeding. A…
In Florida criminal trials, multiple charges may be joined in a single case only if they are sufficiently related in time, place, or circumstance. When charges are improperly joined, it can result in unfair prejudice that undermines a defendant’s right to a fair trial. A recent decision from a Florida…