The statutes that criminalize behavior must be sufficiently specific to be deemed constitutional. When statutes are vague and overbroad, they can lead to improper convictions and subsequent challenges to the constitutionality of the statutes. Recently, the Supreme Court of Florida analyzed whether a statute criminalizing hazing was overbroad in violation of…
Under Florida law, criminal suspects under the age of 18 are afforded certain rights based on their age, such as the right to be tried in a juvenile court. The juvenile court system may be more lenient and result in less stringent penalties than would be issued in adult court.…
In many instances where a defendant is charged with a sex crime, the only evidence of the crime is the testimony of the alleged victim. In Clearwater sex crime cases where there is no other corroborating evidence of the alleged crime if the victim recants his or her prior testimony…
If you are currently facing sex crime charges, it is important to be aware of both the elements of the crime charged and the elements considered for sentencing if you are convicted of the crime. The elements weighed for sentencing may be different than those needed to find a defendant…
One of the protections afforded criminal defendants is the prohibiting of hearsay testimony as evidence of a crime. While there are certain exceptions to the rule against hearsay, they are strictly construed. As shown in a recent case ruled on by a District Court of Appeal of Florida, if a trial…
Double jeopardy principles prohibit the state from charging or trying a defendant more than once for the same crime. In some cases where dual offenses result from the same factual scenario, double jeopardy precludes a defendant from being convicted for both crimes. This is not true with all crimes involving…
While every suspect is presumed innocent until proven guilty, in some cases it makes sense for a person charged with a sex crime to enter into a plea agreement or to plead guilty and allow the court to assess a penalty based on that plea. Even if a defendant concedes…
Florida law affords individuals convicted of crimes certain rights with regards to sentencing. For example, certain sentences must be orally pronounced, and with few exceptions, a defendant has the right to be present at his or her sentencing hearing. As the District Court of Appeal for the Second District of…
Under Florida law, a lesser included offense is a less serious crime that is incorporated into a more serious crime. For example, a lewd and lascivious act, which is a misdemeanor, is a lesser included offense in several felony level sex crimes. In cases where the jury is permitted to…
If a defendant is asking the court for something, usually they need to file a motion. A motion is a document that asks the court to take a specific action. When a defendant files a motion with the court, there are specific requirements that the motion must conform to in…