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Articles Posted in Theft

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Florida Court Discusses Grounds for Granting a New Trial in an Identity Theft Case

During a criminal trial, the jury or judge will typically assess whether the evidence, when assessed in conjunction with current statutory and case law, is sufficient to establish the defendant’s guilt. If, after a defendant is convicted, it becomes evident that there is new evidence or an intervening change in…

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Florida Court Explains Determining if a Conviction Violates Double Jeopardy

Under Florida law, people can be charged with multiple distinct crimes stemming from a single criminal incident. They cannot be convicted of the same offense more than once, however, as it violates double jeopardy. While in some cases, it is clear that a conviction violates a defendant’s double jeopardy rights,…

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Florida Court Discusses Grounds for Granting Compassionate Release

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…

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Florida Court Examines Restitution in Theft Cases

In addition to issuing prison sentences, federal courts have the right to order people convicted of certain crimes to pay restitution. Such amounts generally must reflect the actual damages caused, however; otherwise, defendants may be able to argue that they are unconstitutional. Recently, a Florida court examined what constitutes appropriate…

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Florida Court Determines Whether a Sentence for a Theft Crime is Reasonable

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…

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Florida Court Declines to Modify Sentence Due to COVID-19 Pandemic

The coronavirus spread rapidly through many prisons, causing extreme illness, death, and fear of lasting health concerns. Thus, many inmates with concerning health issues have sought modifications of their sentences under the CARES Act and other federal statutes, but such requests are not readily granted. Recently, a Florida court issued…

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