When sentencing a defendant following a conviction, the Florida courts will look at mitigating and aggravating factors to determine what constitutes an appropriate penalty. Typically, such analysis and sentencing occur shortly after a conviction. Merely because a significant amount of time has passed between a conviction and sentencing, however, does…
Under federal sentencing guidelines, the courts have the authority to impose increased penalties on people deemed career offenders. Only certain offenses qualify for the purposes of determining whether a person is a career offender, though. In a recent drug trafficking case arising in a Florida district court, the court clarified…
In Florida, crimes are classified by degrees, with life felonies carrying the most significant penalties. It is critical that the courts classify criminal offenses accurately because if they fail to do so, it can result in improperly enhanced sentences. The impact of an inaccurate crime classification was demonstrated in an…
People incarcerated in federal prisons typically have to serve the entirety of their sentences unless they are eligible for parole or get credit for good behavior. In some instances, though, federal prisoners may be able to obtain a compassionate release. Only reasons enumerated by statute qualify for release, however, as…
Many criminal defendants unwaveringly assert their innocence, but others choose to plead guilty in hopes of obtaining a favorable plea deal. State and federal law allows defendants to enter guilty pleas, as long as they do so willingly and with a clear understanding of the consequences of their decision, but…
Generally, when imposing sentences for crimes, the courts are bound by the sentencing guidelines. They may issue sentences at the high or low end of the guidelines, however, and in some instances, they can deviate from the guidelines. The courts will consider numerous factors in determining an appropriate sentence but…
People convicted as juveniles and sentenced to more than twenty years in prison are entitled to a sentence review after they have been imprisoned for twenty years. The sentencing court is not required to orally advise the defendant of such rights or set forth information regarding the right to review…
While identity theft typically does not cause bodily harm, it is nonetheless a serious crime, and many people convicted of such offenses can spend years in prison. Regardless of the nature of an offense, though, the punishment imposed must be reasonable; otherwise, it may be overturned. Recently, a Florida court…
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…
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…