Articles Posted in Criminal Process

When criminal defendants challenge their convictions, courts must carefully evaluate whether they received constitutionally effective representation and whether any claimed deficiencies truly undermined the reliability of the verdict. A recent decision from a Florida court illustrates how claims of ineffective assistance of counsel are analyzed when a defendant argues that jury unanimity may have been compromised by prosecutorial argument and verdict form structure. If you or a loved one is facing serious felony charges or considering postconviction relief, it is important to consult a Tampa criminal defense attorney who understands Florida appellate and postconviction law.

Facts and Procedural History

Allegedly, the State charged the defendant with sexual battery of a child based on conduct said to have occurred during two separate incidents in the fall of 2016. The charging document alleged a single count encompassing penetration that could have occurred either anally or vaginally within a defined timeframe.

Reportedly, the State presented testimony from multiple witnesses at trial, including three child witnesses. The primary victim testified that one incident involved anal penetration at the defendant’s home and that a later incident involved vaginal penetration. Two additional child witnesses testified to similar conduct occurring at the same location and described comparable statements made by the defendant when they told him to stop. Continue Reading ›

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 a recent Florida case, a defendant learned that subsequent convictions, even those for crimes committed after the original offense, can factor heavily in the trial court’s resentencing decision. If you are preparing for resentencing, it is essential to work with a Miami criminal defense attorney who can help you navigate the risks and opportunities that come with it.

Factual and Procedural History

It is reported that the defendant was initially convicted in 2010 of three counts of armed robbery and one count of burglary, all stemming from a 2008 incident. The defendant received consecutive life sentences for the robbery charges and a concurrent life sentence for the burglary conviction. It is further reported that, on appeal, the burglary conviction was reversed, and the trial court later vacated the judgment and sentence for that charge.

Allegedly, in 2020, the defendant filed a motion for resentencing based on a corrected scoresheet that no longer included the vacated burglary conviction. The trial court granted the motion and held a resentencing hearing in July 2022. At this hearing, the State introduced evidence of the defendant’s subsequent convictions from a separate incident that occurred in 2009, after the date of the primary offenses but before the original sentencing. These offenses involved attempted murder and conspiracy to commit murder against a witness in the 2008 case. Continue Reading ›

Under Florida’s constitution, criminal convictions require a unanimous verdict. This means, in part, that jurors must be in complete agreement that the prosecution has established each element of the charged offense beyond a reasonable doubt. If there is ambiguity regarding the unanimity of a verdict, a defendant may be able to argue that it should be vacated. Recently, a Florida court discussed what evidence a defendant must offer to prove a verdict was not unanimous in a case in which the defendant appealed his conviction for resisting an officer. If you are charged with a crime in Tampa, it is wise to speak to a Tampa criminal defense attorney to determine your potential defenses.

Facts of the Case

It is alleged that the defendant was involved in an altercation at a bar, after which he spoke with police officers. He was taken to a hospital; when police arrived at the hospital, they found that the defendant had absconded. An officer found him lying on the ground down the road. The defendant and officer’s accounts of what transpired vary, but the defendant was ultimately charged with two counts of resisting an officer without violence. A jury found him guilty of both charges, and he was sentenced to one year for each count. He then appealed.

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 with an offense related to leaving the scene of an accident, as multiple charges that stem from a singular incident may be considered a double jeopardy violation. If you were charged with one or more crimes following a car accident, it is prudent to speak to an assertive Tampa criminal defense attorney to assess what arguments you may be able to set forth in your favor.

Facts of the Case

Allegedly, the defendant was driving his car along a Florida highway and had one passenger in his vehicle. He struck another car, resulting in the sudden death of the driver. Additionally, the impact caused the second vehicle to crash into a third vehicle that was occupied by a passenger and a driver. The two people in the third vehicle and the defendant’s passenger all suffered injuries. The defendant left the scene of the accident, however, without trying to render aid to any of the injured parties.

It is reported that the defendant was charged with numerous crimes arising out of the accident, including one count of leaving the scene of an accident that involved death, and three counts of leaving the scene of an accident involving injury. A jury convicted him as charged, after which he appealed, arguing that his convictions violated double jeopardy. Continue Reading ›

In many cases in which the police are investigating a person for a crime, they try to gather as much evidence implying the individual’s guilt as possible. The police must abide by the confines of the law, however, and cannot overstep their boundaries, or it will constitute a violation of a person’s constitutional rights. For example, people generally have the right to deny the police access to their phone and online records, and if the police ask a person to turn over their electronic devices without a warrant, it may constitute an unreasonable search and seizure. If you were investigated for a criminal offense and asked to produce your phone, it is important to know how to protect your rights, and you should speak to a trusted Tampa criminal defense lawyer about your options.

Can the Police Force You to Turn Over Your Phone and Online Records?

Pursuant to the Fourth Amendment of the United States Constitution and Section 12 of the Constitution of the State of Florida, people have the right to be free from searches and seizures that are unreasonable. The courts have interpreted these provisions to mean, in part, that the police generally cannot conduct a search or take someone’s property without a warrant. In other words, they typically are not permitted to force people to hand over their phones or allow the police to search their computer records unless the police have a valid warrant.

Further, under Florida law, the police must demonstrate probable cause to obtain a warrant to conduct a search. This means that they must show that when presented with the information in the officer’s possession, a reasonable person would determine that a crime has been committed and that the individual the warrant pertains to committed the offense. Put another way, a police officer must offer factual evidence indicating he or she harbors a rational belief the defendant broke the law. Continue Reading ›

Many people who are accused of committing crimes suffer from one or more mental illnesses, and in some instances, there is a link between the illness a person suffers from and the offenses he or she allegedly committed. In such a case, a criminal defendant may be eligible to enter into the Mental Health Court Program. Not everyone is eligible for the Program, however, and those who are should seek legal counsel regarding their options and the benefits and drawbacks of entering the Mental Health Court system. If you suffer from mental illness and are charged with a crime, it is advisable to meet with a knowledgeable Tampa criminal defense attorney as soon as possible to determine what action is most appropriate in your case.

What is Florida’s Mental Health Court?

Florida’s Mental Health Court program is an alternative to the traditional criminal justice system. Entry into the Mental Health Court program is voluntary. A criminal defendant may be referred by an attorney, but the Court has the ultimate say as to whether a defendant is accepted. Pursuant to Florida law, a defendant must meet certain criteria to enter the Program. Specifically, he or she must suffer from a persistent and severe mental illness. Typically, this means that the defendant suffers from a mood disorder, schizophrenia or another psychotic disorder, bipolar disorder, or a combination of disorders that is sufficiently disabling. It can also be a mental health disorder that renders the defendant unable to care for himself or herself. There must also be a correlation between his or her diagnosis and the charged offense. Additionally, the defendant must voluntarily agree to enter into the Program and to undergo mental health treatment.

After a defendant is accepted into the Program, mental health professionals will work with the defendant to develop a Court Supervision Plan, which must be approved by the Court. Treatment and assistance is coordinated through the Program, and the defendant’s progress is closely monitored throughout the process. The defendant must regularly appear for court hearings and, if applicable, must meet the conditions of probation. The defendant must also agree to remain drug and alcohol free and refrain from engaging in criminal activity. Continue Reading ›