When it comes to sentencing people for crimes, federal courts can consider a range of factors, including uncharged conduct. Uncharged conduct refers to any criminal activity that the defendant may have engaged in but for which they have not been formally charged or convicted. In a recent ruling, a federal…
In 2018, Congress enacted the First Step Act (the Act), which along with the Fair Sentencing Act, was a law designed to reduce the disparity between the penalties imposed on people convicted of crimes arising out of the possession and distribution of cocaine powder versus crack. Merely because a court…
It is not uncommon for a person facing criminal charges to have a history of prior criminal activity. In the interest of providing all criminal defendants with a fair trial, however, the State typically must refrain from introducing evidence of prior crimes at trial. There are certain exceptions when evidence…
When a defendant is convicted of a crime and sentenced to probation, the court has broad leeway in determining what probationary terms are appropriate. While the court’s discretion is broad, it is not unbounded, however, and any conditions of probation must be reasonably related to the crime for which the…
In the Florida criminal court system, a career offender designation can result in increased jail time. There are specific criteria that must be met before a defendant can be designated a career offender, and an improper designation can result in unjust penalties. Recently, a federal court issued an opinion clarifying what…
If you are not a citizen of the United States, and you are convicted of a crime, it may result in being deported back to your home country. This is clearly a notable consequence, and lawyers are supposed to advise their clients of this if it is a possibility. If…
If you are caught with drugs, you may think that you should just plead guilty and accept the consequences. However, depending on your situation, this may not be the best idea. Sometimes, the evidence against you may have been found during an illegal search. If the police perform an improper…
In a criminal trial, there is only certain evidence that a prosecutor is allowed to present in order to prove that the defendant is guilty. One kind of evidence that judges may exclude from trial is evidence that will prejudice the jury. In this context, that means that the jury…
Florida law generally bans prosecutors from charging a person with a new crime after he or she has already been tried on related offenses. The state’s First District Court of Appeal recently explained how that ban works in a case involving a botched drug deal. Defendant was charged with armed…
Florida criminal law calls for enhanced punishment in cases that involve the sale of drugs within 1,000 feet of a church, school or convenience store. The U.S. District Court for the Middle District of Florida recently took up a case that shows some of the difficulties that can come with…