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…
In Florida criminal cases, changes in substantive criminal law do not automatically apply to defendants whose convictions became final before the change occurred. This principle often limits the availability of post-conviction relief for individuals seeking to benefit from newly enacted legislation. A recent Florida decision highlights how courts evaluate whether…
In serious criminal cases, especially those involving potential capital offenses, the size and composition of the jury can raise important constitutional and statutory questions. Florida law historically permits six-person juries for most felony trials, but capital cases require twelve-person juries under both statutes and procedural rules. In a recent Florida…
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…
Sentencing in federal cases often involves balancing the severity of the offense with mitigating factors presented by the defendant. A recent Florida decision examined whether a 300-month sentence for the production of child pornography was substantively reasonable, ultimately upholding the district court’s judgment. If you are accused of a sex…
Under state and federal law, the courts must generally follow sentencing guidelines when issuing penalties for criminal offenses. In some instances, though, they can issue enhanced sentences that fall outside of the standard sentencing ranges, pursuant to the terms of the guidelines. For example, if a court determines that a…
The United States Constitution grants criminal defendants numerous rights to help ensure that they receive fair hearings. Among other things, the Constitution guarantees the right to a trial before a jury. As discussed in a recent Florida sex crime case, however, the right to a jury trial does not require…
People charged with sex crimes often fear that they will have to remain in jail until their trial is over. In many cases, though, the courts find it appropriate to release people charged with sex offenses on bond, which allows them to participate more fully in their defense. If a…
In Florida, when sentencing a person convicted of a crime, the courts will rely on numerous factors when determining an appropriate penalty, including victim injury points. Thus, if a sentencing court improperly adds victim injury points, the resulting sentence may be illegal, and there may be grounds for vacating it,…