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TAMPA CRIMINAL LAWYER BLOG

Florida Court Explains State’s Burden of Proof at Probation Revocation Hearings

by Hanlon Law

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 new offenses. If the State...

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Posted in: Probation Violations, Sentencing

Florida Court Overturns Restitution Order Due to Insufficient Evidence Linking the Crime to the Damages

by Hanlon Law

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 a recent case in which a Florida...

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Posted in: Evidence, Juvenile

Court Declines to Expunge Human Trafficking Victim’s Kidnapping Arrest

by Hanlon Law

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 case, a Florida court of appeals...

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Posted in: Kidnapping

Federal Court Rules Florida Attempted Murder is a Violent Crime for Purposes of Imposing an Enhanced Sentence

by Hanlon Law

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, offenders previously sentenced to increased prison terms...

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Posted in: Murder, Sentencing

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

by Hanlon Law

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...

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Posted in: Plea, Sentencing

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