Criminal defendants will typically try to obtain any evidence that they can offer in their defense prior to proceeding to trial. Despite their best efforts, however, they may not be able to unearth all evidence in their favor until after their conviction. Fortunately, the law permits people convicted of criminal…
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…
It is not uncommon for a person to be charged with multiple crimes following a single criminal episode. While the government can convict a person for more than one offense after one criminal transaction, it cannot violate their protections against double jeopardy. Thus, if their convictions constitute multiple convictions for…
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…
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…
Pursuant to Florida law, courts can impose greater penalties on people who are convicted of crimes if they were previously incarcerated. Only certain offenses allow for the imposition of increased sentences, though, and if a court improperly interprets the sentencing laws, the sentence imposed may be illegal. This was demonstrated…
There are strict laws regulating the healthcare professions to ensure that people working in medical fields make ethical decisions regarding patient care. For example, federal law prohibits parties from offering or accepting healthcare kickbacks, and professionals that engage in schemes to do so may be convicted of conspiracy. Recently, a…
Most people charged with a crime assert their innocence. In some cases, though, a person will choose to plead guilty for various reasons. While criminal defendants have the right to enter a guilty plea if they do, the courts take great measures to ensure that their plea is made voluntarily…
In some Florida criminal cases, the courts will sentence a defendant to probation rather than imprisonment. People on probation must abide by the terms and conditions of their sentence, however, and if they do not, their probation may be revoked. Generally, though, inadvertent and unintentional probation violations are insufficient to…