The Florida and United States Constitutions protect criminal defendants from being convicted more than once for a single offense. Protections against double jeopardy do not prevent multiple convictions for a single sex crime that impacts multiple victims, though, as a Florida court recently clarified. If you are charged with committing…
It is not uncommon for the prosecution to rely on circumstantial evidence to attempt to establish a defendant’s guilt in Florida sex crime cases. While both circumstantial evidence is admissible, the prosecution is generally precluded from introducing evidence of the defendant’s prior bad acts to demonstrate their guilt for their…
In Florida sex crime cases, the defendant’s guilt or innocence often hinges on how the jury perceives circumstantial evidence and the credibility of the witnesses. For example, a defendant may testify that they engaged in prior consensual activity with the victim in support of the argument that the acts in…
In Florida, people convicted of sex crimes generally are required to register as sex offenders; if they fail to, they may face additional charges. Notably, people can be required to register as sex offenders if they are convicted of sexual offenses that require registration in other states. Recently, a Florida…
Many criminal defendants unwaveringly assert their innocence, but others choose to plead guilty in hopes of obtaining a favorable plea deal. State and federal law allows defendants to enter guilty pleas, as long as they do so willingly and with a clear understanding of the consequences of their decision, but…
Generally, Florida law dictates that crimes must be prosecuted within a certain amount of time. Thus, if the state fails to prosecute a person for an offense within the statute of limitations, it may waive the right to do so. Some offenses can be prosecuted at any time, however, as…
The United States Constitution includes numerous provisions that protect criminal defendants. Among other things, it dictates that they must be mentally competent before they can be tried for a criminal offense. Thus, if a criminal matter proceeds to trial despite concerns regarding a defendant’s mental competence, it may constitute a…
State and federal governments have the authority to issue punishments for criminal offenses. They cannot do so in a manner that is deemed unusual or cruel, however. As such, if a criminal defendant believes a sentence violates their Eighth Amendment rights against unusual and cruel punishment, they may be able…
Under Florida law, there are many crimes that can be committed in multiple ways. In such instances, the prosecution only has to prove that the defendant engaged in the behavior set forth in one method to obtain a conviction. This was demonstrated in a recent ruling issued by a Florida…
When a person is convicted of a crime, the court will often not only sentence them to prison but also require them to make restitution. Criminal defendants and the state frequently disagree over what constitutes reasonable recompense, however. This was illustrated in a recent child pornography case in Florida, where…