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…
It is not uncommon for verbal disagreements to become physical, which can ultimately result in criminal charges. In Florida, a person charged with assault or other violent defenses may be able to avoid a conviction if they can demonstrate they were acting in self-defense. If a court unjustly declines to…
People accused of crimes when they are minors will typically be charged as juveniles. Juvenile criminal defendants have the same rights as adults, and the procedural rules for juvenile hearings are largely the same as those applied in criminal trials. For example, the courts will adhere to the Florida rules…
Under Florida’s constitution, criminal convictions require a unanimous verdict. This means, in part, that jurors must be in complete agreement that the prosecution has established each element of the charged offense beyond a reasonable doubt. If there is ambiguity regarding the unanimity of a verdict, a defendant may be able…
In criminal cases, whether a defendant is found guilty typically hinges on the jury’s perception of them and the facts presented at trial. Thus, it is critical that the jury is comprised of impartial people who represent the defendant’s peers. If the prosecution uses a preemptory strike against a juror…
In Florida, it is a crime to leave the scene of a car crash if the collision causes an accident or death. As demonstrated in a recent case, however, the act of doing so only constitutes a single crime. In other words, a person cannot be charged more than once…
Both Florida law and the United States Constitution guarantee the right to a speedy trial to criminal defendants. It may be grounds for dismissal if a court violates this right by failing to try a person for a crime in a timely way, but not all delays will be considered…
In many cases in which the police are investigating a person for a crime, they try to gather as much evidence implying the individual’s guilt as possible. The police must abide by the confines of the law, however, and cannot overstep their boundaries, or it will constitute a violation of…
A criminal record can inhibit a person’s ability to obtain housing and employment and often impacts relationships as well. As such, many people who have been convicted of crimes contemplate whether they may be able to have their records expunged. Expunging a record can allow people to live their lives…
Many people who are accused of committing crimes suffer from one or more mental illnesses, and in some instances, there is a link between the illness a person suffers from and the offenses he or she allegedly committed. In such a case, a criminal defendant may be eligible to enter…