Under Florida law, people accused of committing crimes have the right to know the elements of the charged offense and the evidence the prosecution intends to introduce against them. As such, if the prosecution fails to provide them with such information and they are subsequently convicted, they may have grounds…
Florida courts do not regard fraud schemes as victimless crimes; as such, they often deliver lengthy sentences to people found guilty of fraud offenses. Such sentences will typically be upheld unless a defendant can demonstrate that they are either substantively or procedurally unreasonable. In a recent fraud case, a Florida…
In Florida, convictions for sex crimes typically result in substantial penalties. In some instances, a criminal defendant will try to seek a downward sentence by highlighting mitigating factors in their favor. The Florida courts are not required to reduce sentences due to such factors, though, as illustrated in a recent…
Under Federal law, it is illegal for adults to engage in sexual activity with minors. As such, if an adult participates in a romantic relationship with a person under the age of 18, they may face serious criminal charges. As demonstrated in a recent opinion delivered in a Florida case…
In Florida, the State will often charge a person with a crime via an information. The information must set forth details regarding the alleged offense, including the date when it was committed. If the information contains inaccurate details, the State may be granted leave to amend it, as discussed in…
White-collar crimes, such as health care fraud, rarely cause bodily harm. That does not mean that they are not prosecuted as severely as violent crimes, however, as their convictions for fraud offenses often result in significant fines and prison sentences. As discussed in a recent Florida case, such penalties are…
Pursuant to federal law, the act of garnishing a firearm to commit a crime of violence is an indictable offense. In order to convict a person of such a crime, the prosecution must establish, among other things, that the underlying crime in question constitutes a violent offense. Recently, a Florida…
In Florida criminal matters, defendants typically only have one chance to demonstrate set forth evidence in support of their innocence or point out flaws in the prosecution’s arguments. There are exceptions, though, such as when new evidence is discovered after a conviction that would have changed the outcome of the…
Prior convictions can have a detrimental impact on a defendant’s punishment scoresheet. As such, if there are grounds for calling a prior conviction into question, they should be asserted, as it could ultimately result in a reduced sentence. In a recent opinion delivered in a sex crime case, a Florida…
While a person charged with a crime does not have to offer evidence in their defense at trial, it would be prudent to introduce any information that may exonerate them. Generally, all evidence must be exchanged prior to trial, and if a party fails to introduce evidence, they waive the…