One of the initial questions many criminal defendants have is whether they will be released on bail prior to their criminal trials. If a defendant is detained prior to trial, it may not only result in a loss of liberties, but it may also greatly impact the defendant’s ability to…
Typically, when a person is convicted of a crime and sentenced to probation, the court will issue terms the person must comply with as part of his or her release. Thus, a defendant that violates one or more conditions of probation may face probation revocation. Recently, a Florida court issued…
The COVID-19 pandemic has caused upheaval in every area of life, including the judicial system. While many courts have delayed and canceled proceedings to protect public health, they are also largely mindful of protecting the rights of criminal defendants and must balance both objectives in determining how to proceed. Whether…
In Florida, the State will typically institute a criminal case by filing an information with a court. An information sets forth the charges against the defendant as well as the essential facts that support such charges. Thus, if the State is permitted to amend the information after the case is…
In many cases in which a person engages in criminal activity while using a firearm, he or she may be charged with additional offenses in addition to facing charges for the underlying crime. For example, a person that commits a crime of violence while carrying a weapon may be charged…
While criminal defendants are not required to set forth a defense, many do, and it generally takes a substantial amount of time to gather the facts and evidence needed to refute the State’s claims. Thus, if a defendant is denied the right to have sufficient time to prepare a defense,…
In Florida, the State generally cannot conduct a criminal trial unless the defendant is deemed mentally competent to proceed. As such, if a court fails to accurately assess whether a defendant has the mental capacity to participate in a fair trial and the defendant is ultimately convicted, the defendant may…
There are numerous defenses and arguments a criminal defendant may be able to set forth to avoid a conviction or a severe sentence. As explained in a recent Florida case in which the defendant was convicted of numerous violent crimes, including first-degree murder, most defenses cannot be argued retroactively, however.…
In many instances in which a person is charged with a sex crime, the State’s primary evidence against the person will consist of statements and testimony from the alleged victim. Thus, whether a person is convicted of a sex crime largely depends on whether the judge or jury finds the…
The sentence imposed on a criminal defendant convicted of a crime depends on numerous factors, including whether the sentence should be increased or reduced due to any aggravating or mitigating circumstances. Thus, if a jury is not properly advised of the weight of such circumstances or how they should be…