Criminal defendants who plead guilty or no contest to criminal charges or are convicted of crimes following a trial may be sentenced to a term of probation in lieu of incarceration. Standard terms of probation typically include the requirement that the defendant refrains from violating any laws or committing any…
The Fifth Amendment of the Constitution provides that a defendant can only be convicted of the crimes charged in the indictment. In some cases, the court will allow a conviction despite the fact that the evidence produced is insufficient to prove the specific crime listed in the indictment. A conviction…
The Florida statutes allow for a court to order a minor convicted of a crime to pay restitution for any damages caused by the crime. The State must show a significant link between the damages alleged and the restitution ordered for restitution to be proper, however. This was explained in…
If a defendant is convicted of a felony charge, the court will employ a sentencing scoresheet to determine what it believes to be an appropriate sentence. If a scoresheet includes points which should not be attributed to the defendant, it can result in an inappropriately high sentence. The points assessed…
It is important for all Tampa citizens to know what rights they are afforded under the law. For example, with some exceptions, the police are not permitted to search your property without a warrant or your consent. If you grant the police access to your property, however, it is possible…
Florida law allows for the expungement of criminal records in certain circumstances. An expungement can provide a defendant with a better chance to start over following a criminal conviction, but they are only granted in certain circumstances, regardless of how sympathetic the defendant’s case is. For example, in a recent…
Under the Armed Career Criminal Act (ACCA), if a person convicted of a crime is deemed a career criminal, he or she may face increased penalties. The United States Supreme Court recently ruled in Johnson v. United States, that the residual clause in the ACCA was unconstitutionally vague. As such,…
In each criminal case, the defendant must choose which plea to enter, and in some cases it is prudent for a defendant to enter a guilty plea. Even if a defendant waives his or her right to a trial by conceding guilt, however, he or she is still afforded certain…
If you are a minor charged with a crime, it is essential to understand what sentence you might face prior to deciding to enter into a plea agreement. While certain crimes have mandatory sentences, in some cases it may not be clear what penalty applies to an offense under the…
A defendant charged with a crime in Florida can enter any plea provided for by the law. While a person charged should not enter a plea without thoroughly weighing the consequences, in some cases even if a plea was entered after careful consideration a defendant may wish to change his plea.…