Florida Court Discusses the Use of Hearsay Evidence in Criminal Matters
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...
View ArticleFlorida Court Discusses Restitution in Criminal Matters
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...
View ArticleFlorida Court Discusses Elements of Lewd and Lascivious Battery
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...
View ArticleFlorida Court Explains Protections Against Cruel and Unusual Punishments
State and federal governments have the authority to issue punishments for criminal offenses. They cannot do so in a manner that is deemed unusual or cruel, however. As such, if a criminal defendant...
View ArticleFlorida Court Discusses Evidence Establishing a Defendant is Entitled to a...
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...
View ArticleCourt Analyzes the Statute of Limitations in Florida Sexual Battery Cases
Generally, Florida law dictates that crimes must be prosecuted within a certain amount of time. Thus, if the state fails to prosecute a person for an offense within the statute of limitations, it may...
View ArticleFlorida Court Discusses Permitting a Defendant to Change a Guilty Plea
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...
View ArticleFlorida Court Discusses Crimes Requiring Sex Offender Registration
In Florida, people convicted of sex crimes generally are required to register as sex offenders; if they fail to, they may face additional charges. Notably, people can be required to register as sex...
View ArticleFlorida Court Discusses Testimony in Sex Crime Cases
In Florida sex crime cases, the defendant’s guilt or innocence often hinges on how the jury perceives circumstantial evidence and the credibility of the witnesses. For example, a defendant may testify...
View ArticleFlorida Court Examines Admissibility of Evidence Regarding Prior Crimes
It is not uncommon for the prosecution to rely on circumstantial evidence to attempt to establish a defendant’s guilt in Florida sex crime cases. While both circumstantial evidence is admissible, the...
View ArticleFlorida Court Discusses Double Jeopardy in Sex Crime Cases
The Florida and United States Constitutions protect criminal defendants from being convicted more than once for a single offense. Protections against double jeopardy do not prevent multiple convictions...
View ArticleFlorida Court Discusses Determining if a Sentence is Illegal
In Florida, when sentencing a person convicted of a crime, the courts will rely on numerous factors when determining an appropriate penalty, including victim injury points. Thus, if a sentencing court...
View ArticleCourt Explains Grounds for Revoking Bond in Florida Criminal Actions
People charged with sex crimes often fear that they will have to remain in jail until their trial is over. In many cases, though, the courts find it appropriate to release people charged with sex...
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