Criminal defendants will often want to mount a vigorous defense against the charges they face. In some instances, though, they will find it beneficial to enter into a plea agreement. Sentences issued pursuant to such agreements must abide by the sentencing laws and guidelines; otherwise, they may be overturned. This…
In Florida, people generally have the right to carry firearms. There are exceptions to the rule, however. For example, people convicted of felonies can be charged with crimes for possessing weapons. Convictions for such offenses can carry significant penalties, and in many cases, it is unlikely that any subsequent changes…
The Constitution affords criminal defendants numerous rights, including protections against stops or searches without a warrant. There are some exceptions to the warrant requirement, though, such as when an officer has reasonable suspicion or probable cause to believe that a person is committing a crime. In a recent Florida opinion…
Pursuant to the Second Amendment of the United States Constitution, people have a right to bear arms, which means that they are generally permitted to possess firearms. There are restrictions to the right, though; for example, people are prohibited from possessing guns in certain settings, typically deemed sensitive places. As…
At both the state and federal levels, sentencing guidelines set forth what constitutes an appropriate sentence for certain offenses. The courts are not bound by the guidelines, though, and can issue a sentence that is greater or lesser than that suggested. In doing so, the court must abide by certain…
In Florida criminal matters, the prosecution bears the burden of proving the defendant’s guilt. While the prosecution can use circumstantial and direct evidence to establish that a defendant committed a crime, it cannot rely on facts not in evidence, as explained by a Florida court in a recent case in…
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…
State and federal law generally preclude people convicted of felonies from owning weapons. As such, if a law enforcement agent finds a firearm in the possession of a convicted felon, it could lead to criminal charges. A person must be aware that he or she is a felon to be…
It is important for all Tampa citizens to know what rights they are afforded under the law. For example, with some exceptions, the police are not permitted to search your property without a warrant or your consent. If you grant the police access to your property, however, it is possible…
Courts in the United States will look very closely at allegations of prejudice during a trial. In the courtroom, prejudice does not always mean the same things that it means outside of the courtroom. Generally, prejudice involves prejudging someone based on stereotypes or preconceived notions about who they are, often…