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TAMPA CRIMINAL LAWYER BLOG

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

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

by Hanlon Law

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...

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Posted in: Juvenile, Probation Violations

Juvenile in Florida Asks For Youthful Offender Status After Shooting

by Hanlon Law

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...

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Posted in: Juvenile

Florida Court Remands Case, Highlighting Effect of Juvenile Offender Status on Sentencing

by Hanlon Law

The U.S. Supreme Court in Miller v. Alabama held that the Eighth Amendment of the United States Constitution prohibits sentencing guidelines that require life imprisonment without parole for juvenile offenders. In response, the Florida legislature passed a new set of guidelines for sentencing people convicted of Florida juvenile crimes. The guidelines ensure that juveniles have any long-term...

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Posted in: Defenses, Juvenile

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