Tampa Criminal Lawyer Blog

Florida Court Holds Actual Possession of a Gun is Not Needed to Impose a Firearm Sentence Enhancement

Posted In: December 19, 2018 | By Hanlon Law, PA

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 terms of the statute.

For example, a Florida Court of appeals recently ruled that actual possession of a gun is not required for a court to impose a mandatory firearm enhancement sentence on a minor defendant who entered a plea for an armed burglary charge. If you are a minor resident of Tampa facing criminal charges, you should consult with a Tampa criminal defense attorney to discuss whether entering a plea agreement may be appropriate in your case.

Factual Background

Reportedly, a witness saw four males trying to open a car in a parking lot. She contacted the police, who responded and ultimately detained the defendant. The officers became aware that a gun had been taken from a car burglarized by one of the four males. The minor defendant advised the officer that he knew where the gun was, and proceeded to lead the officers to the gun. A second male who was detained told the officers that a third male handed him the gun and he did it in a bush. None of the men indicated who removed the gun from the car.

Florida Court of Appeals Overturns Conviction After Defendant’s Attorney Does Not Comply with the Defendant’s Wishes to Withdraw his Plea

Posted In: December 12, 2018 | By Hanlon Law, PA

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. Under Florida law, a defendant can file a motion to withdraw a plea at any time prior to sentencing. In a recent case ruled on by the District Court of Appeals for the Second District of Florida, if a defendant’s attorney does not honor his or her wish to withdraw a plea, it can result in a conviction being overturned.

Reportedly, the defendant entered a no contest plea to burglary and grand theft charges. The defendant was then found incompetent and his sentencing hearing was delayed for two years. He was represented by one attorney while negotiating his plea deal and a second attorney at his sentencing. At the sentencing hearing, per the defendant’s request, his attorney requested a renegotiation of his plea deal, due to the fact he did not understand the plea colloquy and proceedings.

The court declined to renegotiate. The defendant’s attorney stated he did not believe a good faith basis existed for withdrawing the plea and did not move to withdraw the plea. Additionally, the court never asked the defendant if he wanted to withdraw his plea. The trial court subsequently sentenced the defendant to fifteen years in prison followed by fifteen years of probation. The defendant then filed an appeal, arguing ineffective assistance of appellate counsel on several grounds. The appellate court found in favor of the defendant and reversed his sentencing.

Florida Court Holds Trial Court Improperly Ruled Testimony of Witnesses was Cumulative in Evaluating a Motion for Relief Due to Ineffective Assistance of Counsel

Posted In: December 4, 2018 | By Hanlon Law, PA

In most criminal cases, whether a defendant is convicted or found innocent depends on the sufficiency of the evidence presented by both parties. If you are charged with a crime, it is important that any evidence that may be helpful to your defense be presented at your trial. Evidence is not always concrete but includes testimony from any eyewitnesses who have information regarding the alleged crime.

While it is not necessary to present duplicative testimony, as illustrated in a recent Florida Court of Appeals case, Martin v. Florida, if a defense attorney fails to call a beneficial witness due to the fact that some testimony may be cumulative, it can be fatal to a defendant’s case and may constitute ineffective assistance of counsel. If you face criminal charges, it is essential to retain a proficient Tampa criminal defense attorney who will gather any evidence that may help you to obtain a favorable result.

Facts Surrounding the Defendant’s Arrest

Allegedly, the police responded to a call that methamphetamines were being sold out of the defendant’s house. There were five people in the house when the police arrived, including the defendant and two women. The first woman locked herself in the bathroom when the police arrived. The defendant permitted the police to begin searching the house while they obtained a warrant. After the police obtained the warrant, the woman left the bathroom and the police found a bag of methamphetamines in the trash can. Consequently, the defendant was charged with drug trafficking.

Florida Court of Appeals Reverses Conviction for Resisting an Officer Without Violence

Posted In: November 27, 2018 | By Hanlon Law, PA

Under Florida law, the state is required to produce evidence that an officer is engaged in a lawful duty to convict a defendant charged with resisting arrest. In a recent case, the District Court of Appeal of Florida, Second District reversed a conviction for resisting an officer without violence, due to the state’s failure to introduce sufficient evidence to support the argument that the arresting officers had probable cause to arrest the defendant. If you face charges for resisting an arrest, it is important to retain an experienced Tampa criminal defense attorney to analyze the facts regarding your arrest and any evidence the state may attempt to introduce against you.

Facts of the Case

Allegedly, it is the internal practice of the Tampa Police Department to regularly check in on juveniles on probation to ensure they are complying with the terms of the probation. If the police determine a juvenile is violating the terms of his or her probation, a “local pickup order” call will then be placed to pick up the juvenile for violation of probation. In this case, two police officers received a dispatch call to pick up the defendant for violation of probation. The officers went to the defendant’s house to arrest him and found him hiding in a closet. The defendant refused to walk down the stairs of the apartment and had to be carried out by the police officers. After the defendant was placed in the police car, he kicked out a window, and the officers had to restrain him. The defendant was subsequently charged and convicted of criminal mischief and resisting an officer without violence. The defendant subsequently appealed his conviction.

Juvenile in Florida Asks For Youthful Offender Status After Shooting

Posted In: November 20, 2018 | By Hanlon Law, PA

The U.S. criminal justice system understands that juveniles do not have the same brain development and decision-making capacity as adults. To acknowledge this, Florida passed the Florida Youthful Offender Act (the “Act”) which gives alternative sentencing options for certain individuals who are under the age of 21 at the time of sentencing. Your knowledgeable Tampa criminal defense attorney can help you determine whether you or a loved one are eligible for youthful offender status.

Florida Youthful Offender Act

In order to be eligible for consideration as a youthful offender, the defendant must meet certain requirements. Of course there is an age requirement. Defendants need to be between 18 and 21 at the time of sentencing. Defendants under 18 are also potentially eligible for youthful offender status if the case has been transferred to the adult court.

Youthful offender status is available only for felonies, however; it is not available for those who have been convicted of capital or life felonies. Defendants also need to have been found guilty or have pled nolo contendere (no contest) to their charges. Finally, defendants are only eligible for youthful offender status one time. Therefore, if they have already been sentenced as a youthful offender before, they are not eligible a second time.

Florida Appeals Court Addresses What Non-Expert Witnesses Can Testify About

Posted In: November 13, 2018 | By Hanlon Law, PA

Criminal courts have very specific rules around what kind of evidence can and cannot be admitted at trial. This includes the kind of things that different witnesses can testify about. Your knowledgeable Tampa criminal defense attorney can help you understand how these rules can apply in your situation.

Expert vs. Lay Witnesses

Generally, there are two kinds of witnesses that may testify at trial: lay and expert witnesses. Obviously, expert witnesses are people who have some kind of specialized knowledge or expertise in an area. For example, in an arson case a fire expert may be able to testify as to how fires spread when accelerant is used. Whereas a lay witness is supposed to testify about things that they experienced themselves, rather than things they know. So if someone witnessed the defendant running away from the scene of the crime, they may testify about that but not about anything that requires expertise. If a lay witness testifies about something that requires expertise, the attorney for the other side can object to the testimony.

Court in Florida Hears Appeal About Whether Defendant Should Have Been Allowed to Represent Himself

Posted In: November 6, 2018 | By Hanlon Law, PA

In the United States, criminal defendants do have the right to defend themselves. However, a United State Supreme Court case called Faretta clarified that a defendant’s waiver of counsel is only valid as long as it is knowingly and intelligently made. Essentially, a defendant needs to be competent enough to understand the ramifications of their actions. While defendants do have the right to represent themselves, it is generally a bad idea. That’s why defendants should always contact a skilled Tampa criminal defense attorney as soon as they are arrested.

General Competency

Whether a defendant is represented by counsel or representing themselves, they need to be competent in order to stand trial. This is different than an insanity defense. Competency refers to the defendant’s mental state at trial. They need to be competent enough to understand the nature of the proceedings against them and meaningfully assist in their own defense.

In a case heard by the Florida Third District Court of Appeal, the defendant represented himself at trial after dismissing two different attorneys. Before the trial began, the defendant was determined to be incompetent to stand trial. However, after a period of hospitalization without medication, he was deemed competent enough to stand trial. At several points throughout the trial the court did a Faretta inquiry and each time the defendant was found competent to stand trial and represent himself.

Florida Appeals Court Addresses Competency Issues

Posted In: October 26, 2018 | By Hanlon Law, PA

In order to stand trial, the defendant must be competent. The bar for competency is pretty low in a criminal proceeding, however. The defendant needs to be able to have enough rational understanding to be able to aid their lawyer in their own defense, and they must have a rational or factual understanding of the proceedings against him. Keep in mind that this is different from using an “insanity defense.” Competency has to do with the defendant’s mental state at trial, while an insanity defense relates to the defendant’s mental state during the commission of the crime. The law can be complicated, but your experienced Tampa criminal defense attorney can help you understand how the law applies in your case.

Stipulation to Competency

In a case recently heard by the Florida Fourth District Court of Appeal, the court addressed when it’s allowable for the defendant’s attorney to stipulate to the defendant’s competency. In the case at issue, the defendant was originally charged with second degree murder and two counts of dealing in stolen property. The trial court appointed an expert to determine the defendant’s competency to stand trial. At the hearing, the judge stated that they had the competency report in the file and it said the defendant was competent. The defense attorney then offered to stipulate to competency. A stipulation means that they agreed to the determination. Thus, the court found the defendant competent.

Appeals Court Upholds Reduction of Sentence for Florida Defendant

Posted In: October 15, 2018 | By Hanlon Law, PA

When you work with a skilled Tampa criminal defense attorney there are several ways that they can help you after you have been charged with a crime. They can help defend you against the charges. They can also help you negotiate a plea bargain with the prosecutor. Another thing that they can do is to help with sentence mitigation if the defendant is found guilty. This case involves the latter.

Downward Departure

The defendant in this case is a woman with no prior criminal record before this prosecution. After working for a couple for eight years as the housekeeper and groundskeeper of their house in Florida, she was charged with burglary and trespassing. Her job duties involved taking care of the home while the couple was away, although she was never supposed to spend the night there. After many satisfactory years as an employee she began dating a man who had drug issues and was also a convicted felon. He allegedly pressured her to sleep at the house and stay there while the couple was away. He also allegedly stole property from the couple and the defendant herself, including checks. He testified at trial that the defendant was not involved with the taking of property.

The defendant petitioned the court for a downward departure in her sentence. The court granted this petition and she was sentenced to six months in the county jail, followed by fifteen months of community service and five years of probation. Without the downward departure she would have faced 21 months to 15 years in jail.

Florida Defendants Ask for Trial After New Evidence Discovered

Posted In: October 8, 2018 | By Hanlon Law, PA

Most of the time, when a defendant pleads guilty, they are unable to later take back their plea and decide to go to trial. However, there are some circumstances when Florida law will allow a defendant to withdraw a guilty plea that they have already given and allow the defendant to have a trial. One of those circumstances is when new evidence is discovered. However, in order to get a new trial on the basis of new evidence, the case must meet specific requirements. Your skilled Tampa criminal defense attorney can tell you whether your case meets these circumstances.

Trial Due to Newly Discovered Evidence

Typically, defendants will plead guilty only when they believe that they do not have much of a chance of being found not guilty when the case goes to trial. In other words, defendants make these decisions based in large part on the evidence that the state has against them. So when new exculpatory evidence arises, some defendants may want to take back their guilty plea and go to trial. Florida has developed case law that explains in what circumstances the court will allow defendants to do this.