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 federal firearms prosecutions under 18 U.S.C. § 922(g), the government must prove not only that the defendant possessed a firearm, but also that the defendant knew at the time of possession that he was prohibited from doing so due to a prior felony conviction. This knowledge requirement was clarified…
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 federal firearm and drug cases, defendants often face enhanced penalties if their criminal history includes certain violent or drug-related felonies. The Armed Career Criminal Act (ACCA) imposes mandatory minimum sentences for repeat offenders, and courts regularly review whether a defendant’s past convictions meet the statute’s criteria. A recent Florida…
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…
Federal fraud prosecutions often result in enhanced penalties when the defendant is found to have engaged in additional unlawful conduct, such as obstructing justice or participating in the resale of stolen property. Sentencing enhancements can significantly increase a defendant’s prison term, and attempts to overturn them on appeal are rarely…
Federal sentencing laws impose strict limits on the types and lengths of punishment courts may impose, even when the facts of a case are particularly egregious. A recent Florida decision issued in a violent crime case reaffirms the non-waivable nature of statutory maximum penalties and emphasizes the principle that sentencing…
In Florida, a DUI arrest must be supported by probable cause based on the totality of the circumstances. While direct observation of driving is often central to this analysis, officers may rely on credible information from civilian witnesses and circumstantial indicators of impairment. This was demonstrated by a recent Florida…
In Florida criminal matters, a conviction must be based on legally sufficient evidence proving every element of the charged offense beyond a reasonable doubt. If the prosecution fails to meet this burden, a defendant can challenge their conviction on appeal, as illustrated in a recent Florida decision issued in a…
Federal sentencing laws provide mechanisms for defendants to seek reductions in their sentences under specific legal standards. When a defendant requests a sentence reduction, the court must evaluate whether extraordinary and compelling reasons justify such relief and whether the reduction aligns with sentencing guidelines and public safety considerations. A recent…