In many criminal matters, the prosecution lacks direct evidence that the defendant committed the crime in question. While prosecutors can use circumstantial evidence to demonstrate a defendant’s guilt, they must abide by any applicable rules of evidence. Recently, a Florida court examined when witness opinion testimony can be introduced in…
Florida law permits the courts to not only sentence people convicted of crimes to imprisonment but also to order them to pay restitution to their victims. Recently, a Florida court discussed the basis for imposing a restitution order in a battery case in which it affirmed the trial court’s sentence.…
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 State and Federal law, people have the right to represent themselves in criminal trials. Self-representation is not a venture that should be entered into lightly, however, as few non-attorneys possess the skills and legal knowledge needed to mount a compelling defense on their own behalf. While a pro se…
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…
The Fifth Amendment of the United States Constitution protects people from incriminating themselves. In Miranda v. Arizona, the United States Supreme Court interpreted the Fifth Amendment to require that a criminal suspect be verbally advised of their right to remain silent and to be represented by an attorney prior to…
Florida courts generally use sentencing guidelines when determining what constitutes an appropriate penalty for a criminal conviction. The courts have discretion with regard to sentencing in some instances, however. For example, if they deem a defendant a violent career criminal, they can impose sentencing enhancement. They can only do so…
Battery is a violent crime, and in some instances, the court will consider a person charged with felony battery to be a risk to society and will deny them bail. If a person that remains in jail throughout the pendency of their trial is ultimately convicted, they may be granted…
If a defendant is convicted of a crime, the court will typically weigh a variety of factors in determining an appropriate sentence. While there are many things that a court is permitted to evaluate in making an assessment, if a court is influenced by inappropriate information in developing a sentence,…
When the police conduct a criminal investigation, they will typically obtain a warrant to uncover information that is private or otherwise not readily accessible. If the police gather certain evidence without a warrant, however, it may violate the Fourth Amendment protections against unreasonable search and seizures, and the evidence may…