Under Florida law, there are many crimes that can be committed in multiple ways. In such instances, the prosecution only has to prove that the defendant engaged in the behavior set forth in one method to obtain a conviction. This was demonstrated in a recent ruling issued by a Florida…
When a person is convicted of a crime, the court will often not only sentence them to prison but also require them to make restitution. Criminal defendants and the state frequently disagree over what constitutes reasonable recompense, however. This was illustrated in a recent child pornography case in Florida, where…
In some criminal matters, the State has little or no direct evidence. Instead, the State’s case against the defendant will be dependent on circumstantial evidence. While circumstantial evidence is frequently accepted, hearsay evidence is not. As a result, a conviction based on hearsay evidence may be subject to reversal, as…
In 2018, the Florida Supreme Court promulgated a schedule of lesser included offenses. Recently, the court answered the certified question of whether it erred in classifying sexual battery as a necessarily lesser include offense of capital sexual battery, ultimately determining that it did. The court set forth its conclusion in…
The United States Constitution affords people many rights. In particular, it grants numerous protections to criminal defendants, including the Eighth Amendment bar against cruel and unusual punishments. Thus, if a court sentences a person convicted of a crime to an extraordinarily harsh penalty, it may violate the person’s Constitutional rights.…
It is not uncommon for people to be charged with multiple criminal counts or offenses at one time. While they may be sentenced for each conviction, the courts must comply with sentencing statutes, and if a court orders a sentence that falls outside of the parameters established by law, it…
Most people recognize that sexual harassment in the workplace is not only inappropriate but may also constitute grounds for a civil lawsuit. Many people do not know, however, if acts that are considered sexual harassment veer into criminal territory as well. If you are accused of sexual harassment or any…
In many instances, a person convicted of a sex crime in Florida may be involuntarily committed pursuant to the Jimmy Ryce Act (the Act). Individuals committed under the Act are subject to a yearly review of their status, though, to determine if there is evidence demonstrating that their condition has…
Prostitution is illegal in Florida and many other states, as is the solicitation of a prostitute. Thus, the police will often investigate a massage parlor for suspicion of prostitution crimes based on information gleaned from the internet. It can be difficult for the police to obtain evidence sufficient to press…
In many instances in which a defendant is charged with a sex crime, the court will instruct the jury not only as to the elements of the charged offense but also as to the elements of a lesser included offense. Thus, it is not uncommon for a jury to find…