St. Petersburg Criminal Lawyer Blog

Florida Court Vacates Inconsistent Verdicts in a Criminal Case

November 18, 2022 | by Hanlon Law, PA

It is not uncommon for people to be charged with multiple crimes. While the judge or jury determining guilt in a criminal matter has the right to find a defendant committed one crime but not the other, the verdicts must be consistent. In other words, if one verdict negates the elements needed to convict the defendant of another charge, the verdicts will be deemed inconsistent and most likely will be reversed, as shown in a recent Florida case in which the defendant was charged with felony murder and other crimes. If you are accused of committing a violent offense, it is in your best interest to talk to a St. Petersburg violent crime defense lawyer about your options for seeking a just result.

Factual and Procedural History of the Case

It is alleged that the state charged the defendant with robbery and first-degree felony murder. The state asserted that the defendant killed the victim while perpetrating or attempting to perpetrate a robbery and that he attempted to rob the victim with a firearm. Additionally, in both counts, the state alleged that the defendant had and discharged a gun, causing the victim’s death.

It is reported that following a trial, the jury found the defendant guilty of the first-degree felony murder charge and specifically found that he had and discharged a firearm during the commission of the crime, causing great bodily harm or death. The jury found the defendant not guilty of attempted robbery, however. As such, the defendant moved for arrest of judgment based on an inconsistent verdict. The trial court denied his motion, and he appealed. Continue Reading ›

Florida Court Explains the Admissibility of Prior Conviction Evidence in Criminal Trials

October 16, 2022 | by Hanlon Law, PA

Generally, the state cannot rely on a criminal defendant’s prior conviction to establish guilt for a current charge. The state can introduce evidence of previous convictions and other bad acts for other reasons, however, as long as it does not violate an evidentiary rule. Recently, a Florida court affirmed that evidence of a defendant’s prior conviction was relevant and, therefore, admissible in a matter in which it upheld the defendant’s conviction for possessing child pornography. If you are charged with possessing illegal materials of a sexual nature, it is wise to confer with a St. Petersburg sex crime defense attorney to determine your rights.

The Facts of the Case

It is reported that the government charged the defendant with possession of child pornography in violation of federal law. During his trial, the government introduced evidence of the defendant’s conviction for possessing child pornography in 1995. The defendant subsequently appealed his conviction and sentence, arguing that the trial court erred in admitting such evidence.

Evidence Admissible in Criminal Trials

The trial court ruling was affirmed on appeal. The court explained that under the Federal Rules of Evidence, a court can exclude relevant evidence if its risk of causing unfair prejudice greatly overshadows its probative value. The court’s discretion to preclude evidence under the Federal Rules of Evidence is narrowly drawn, and preclusion is an extreme remedy that should be used sparingly. Continue Reading ›

Court Discusses Violent Offenses Under Florida Law

September 21, 2022 | by Hanlon Law, PA

Most Florida citizens have the right to own firearms, but for convicted felons, carrying a gun can lead to felony charges. Further, if their prior offenses were violent crimes, they may face lengthy prison sentences if they are convicted. In a recent Florida case, the court analyzed whether resisting an officer, and other offenses constituted violent predicate crimes, ultimately concluding that they did. If you are charged with a weapons offense, it is important to talk to a St. Petersburg gun crime defense attorney to discuss your potential defenses.

Background of the Case

It is reported that the defendant was charged with possession of ammunition and a firearm as a felon. He entered a guilty plea. He was then sentenced to fifteen years in prison under the Armed Career Criminal Act (the Act). He appealed, arguing that his prior convictions for battery, robbery, and resisting an officer were not considered violent felonies under the Act. He further asserted that the enhanced mandatory minimum sentence imposed under the Act violated his protections against double jeopardy.

Violent Offenses Under Florida Law

The court rejected the defendant’s reasoning and affirmed his sentence. The court explained that it reviewed whether a crime categorically qualifies as a violent felony under the Act de novo, while double jeopardy claims were reviewed for clear error. Under the Act, a minimum of a fifteen-year term of imprisonment must be imposed for anyone convicted of certain federal gun crimes if they have three prior violent felony convictions. Violent felonies include crimes that have the use or attempted or threatened use of physical force as an element. Continue Reading ›

Florida Court Discusses Sentence Modifications

August 15, 2022 | by Hanlon Law, PA

If a person is convicted of a sex crime, their rights may be impacted long after any penalties imposed for the crime are served. For example, sex offenders are often prohibited from entering certain areas where children are present and, in some cases, may be barred from having contact with children altogether. In a recent case decided by the District Court of Appeals of Florida, Fourth District, the court analyzed a court’s jurisdiction to modify the terms of restrictions of probation imposed on a person convicted of a sex crime. If you are a resident of St. Petersburg faced with charges of a sex crime, it is in your best interest to speak with a trusted St. Petersburg sex crime attorney regarding your rights.

Facts Regarding the Underlying Case

It is reported that the defendant was charged with over thirty counts of controlling, possessing, or intentionally viewing photographs depicting sexual conduct involving a child. The defendant pleaded guilty to three of the counts, and the State agreed not to prosecute the remaining counts. The defendant was then sentenced to a term of imprisonment for eighteen months, to be followed by ten years of supervised sex offender probation. One of the conditions of the defendant’s probation was that he was barred from having any unsupervised contact with a child under the age of eighteen.

Allegedly, in 2018, over a year after the probationary sentence was imposed, the defendant filed a motion asking the court to clarify the condition regarding unsupervised contact with a child. Essentially, the defendant’s motion asked the court to remove the condition as a term of his probation so that he could reside with his wife and two minor children following his release from prison. The court held a hearing, after which it granted the defendant’s motion. The State appealed.

Florida Court Vacates DUI Conviction on the Grounds it Violates Double Jeopardy

July 2, 2022 | by Hanlon Law, PA

The United States Constitution protects criminal defendants from unjust outcomes. For example, the Fifth Amendment prohibits a person from being prosecuted twice for substantially the same crime. In spite of the protections offered by the double jeopardy clause of the Fifth Amendment, it is not uncommon for a criminal defendant to be convicted for multiple variants of the same offense. In such instances, one of the convictions should be vacated, as demonstrated in a recent Florida opinion issued in a DUI case. If you are charged with a DUI offense, it is in your best interest to speak with a St. Petersburg DUI defense attorney about your rights.

The Factual and Procedural History of the Case

It is alleged that, in 2014, the defendant drove his truck through a red light and collided with a man driving a scooter. The man suffered critical bodily harm in the crash. The defendant left the scene of the accident but was later found by the police at his apartment. When the police spoke with the defendant, they noticed he demonstrated signs that he was impaired by alcohol.

It is reported that a breath test indicated that the defendant’s BAC exceeded the legal limit, and a urine test was positive for cocaine. The defendant was charged with numerous DUI offenses. The case proceeded to trial, and the defendant was found guilty as charged. He subsequently appealed his convictions for DUI causing damage to a person and DUI causing serious bodily injury on the grounds they violated double jeopardy. Continue Reading ›

Supreme Court Discusses Criminal Convictions in the Context of the Career Criminal Act

June 8, 2022 | by Hanlon Law, PA

Generally, people who are considered career criminals face greater penalties than those with no criminal history. As such, if a person who has multiple prior convictions is found guilty of another offense, they may be subject to sentencing enhancements. While generally, crimes are discrete acts, a person can be charged with numerous offenses for one criminal enterprise. Crimes committed from a single criminal episode do not trigger the Armed Career Criminal Act (the Act) for sentencing purposes, though, as recently explained by the United States Supreme Court in a case in which the defendant had ten prior robbery convictions stemming from a single incident. If you are charged with robbery or any other violent crime, it is prudent to meet with a St. Petersburg violent crime defense attorney to assess your options.

Background of the Case

It is alleged that the defendant broke into a storage facility in 1997 and stole from ten separate units. He was subsequently charged with and convicted of ten counts of burglary. In 2014, a police officer entered the defendant’s home and observed the defendant with a rifle in his possession. He was then charged with being a felon in possession of a firearm in violation of federal law. The defendant was found guilty and determined to be an armed career criminal under the Act, due to his ten prior robbery convictions. He was sentenced to 15 years in prison, after which he appealed. The appellate court affirmed his sentence, and he filed a writ of certiorari.

Criminal Convictions in the Context of the Career Criminal Act

The issue the Supreme Court addressed was whether crimes that are committed sequentially as part of a single event occur on different occasions for purposes of imposing a sentence enhancement under the Act. The Court ruled that they did not, and reversed the lower court ruling. Continue Reading ›

Florida Court Discusses Establishing Intent in Battery Cases

May 25, 2022 | by Hanlon Law, PA

In Florida, many battery crimes include an element of intent. As such, the state must prove that a person possessed a certain state of mind in order to establish their guilt for a specific crime. Recently, a Florida court discussed what evidence the state must produce to demonstrate intent with regard to battery by strangulation in a case in which the defendant argued there was insufficient evidence to sustain his conviction. If you are charged with battery or any other violent crime, it is advisable to meet with a St. Petersburg violent crime defense attorney to discuss your possible defenses.

The Facts of the Case

It is alleged that the defendant and the victim, the defendant’s girlfriend at the time, were involved in an argument. The disagreement became physical, and the defendant picked up the victim by her neck, impairing her ability to breathe. The following day the victim called the police and reported the incident.

It is reported that the defendant was charged with battery by strangulation. He moved for acquittal, but the jury convicted him as charged. He appealed, arguing that the state failed to demonstrate he possessed an intent to impede the victim’s breathing as required to establish guilt. The appellate court disagreed and affirmed his conviction. Continue Reading ›

Criminal Attorney in St. Petersburg, FL: Protecting Your Legal Rights

May 24, 2022 | by Hanlon Law, PA

If you have been arrested, you have the right to remain silent. You also have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. You must exercise these rights as soon as possible. Do not answer any questions or make any statements until you have spoken with an attorney.

A criminal attorney is a lawyer who specializes in defending people who have been accused of committing crimes. Criminal attorneys work to protect their clients’ rights, and they may also investigate the case to look for possible defenses. In some cases, a criminal attorney may negotiate with prosecutors to get charges reduced or dismissed. If you have been accused of a crime, it is important to seek legal help as soon as possible so that your rights can be protected. A criminal attorney can explain the charges against you and help you understand your options. If you face serious charges, it’s imperative that you hire an experienced criminal defense lawyer.

You should keep in mind a few things when choosing a criminal defense lawyer. You want to choose a lawyer who has experience handling cases like yours. Criminal defense lawyers typically specialize in either felonies or misdemeanors. If you have been charged with a felony, you will want to hire a lawyer who has experience handling those types of cases. You also want to choose a lawyer who has a good reputation. Ask around or look online for reviews of potential criminal lawyers. It is important to choose a criminal lawyer who you feel comfortable communicating with. This is someone you will be sharing sensitive information with, so it is important that you feel like you can trust them.

Experienced Criminal Defense Attorneys Providing Reliable Legal Representation

May 17, 2022 | by Hanlon Law, PA

If you are looking for an experienced and reliable criminal defense attorney in St. Petersburg, FL, you have come to the right law firm. Hanlon Law has over 20 years of experience representing St. Petersburg clients in various criminal cases. We are dedicated to providing our clients with reliable legal representation every step of the way. We understand that this is a difficult time for you, and we will do everything we can to help you get through this ordeal as smooth as possible.

What to do if you are arrested in St. Petersburg, FL

If you are arrested in St. Petersburg, FL, the first thing you should do is contact a criminal defense attorney who can help protect your rights and ensure that you have a fair trial. Our criminal defense attorneys are experienced in handling all aspects of a criminal case, from pre-trial to appeal. They will work with you to develop a legal strategy tailored to your specific situation and needs. It is always best to have an experienced criminal defense attorney on your side who can give you the individualized attention and care that your case deserves.

Criminal Lawyer Tips: How to Protect Yourself If You Are Arrested

May 16, 2022 | by Hanlon Law, PA

Like most people, you probably don’t know what to do if you are arrested. You may feel confused and scared, not knowing where to turn for help. That is why it is important to have a St. Petersburg criminal lawyer on your side. A criminal lawyer will be able to guide you through the process and protect your rights. In this blog post, we will discuss some things that a St. Petersburg criminal lawyer can do for you.

What to do if you are pulled over by the police?

If you are pulled over by the police, the best thing to do is stay calm and be polite. Keep your hands where the officer can see them, and don’t make any sudden movements. If you are asked to step out of the car, do so slowly and carefully. Don’t say anything that could be used against you later on. Remember, anything you say can and will be used against you in a court of law. It’s also important to know your rights. You have the right to remain silent, and you have the right to an attorney. If you are arrested, exercise those rights immediately. Don’t try to talk your way out of it or argue with the officers. The sooner you ask for a lawyer, the better.