In criminal matters, the prosecution bears the burden of proving, beyond a reasonable doubt, that the defendant committed the charged offense. Generally, the prosecution is permitted to introduce any relevant evidence in support of its position. Certain evidence, like prior convictions or bad acts, is typically deemed inadmissible, however, subject…
While people often think of traffic offenses as minor infractions, they can often result in significant penalties. Additionally, the sentencing guidelines for traffic violations carry the same weight as other crimes, and if a court fails to provide them their due regard, it may result in the reversal of a…
People convicted of drug crimes often face substantial penalties. For example, they may be sentenced to both imprisonment and supervised release. In some cases, an offender may be eligible for early termination of supervised release, however. In a recent Florida ruling, the court discussed what factors the courts consider in…
The United States Constitution grants people numerous rights, including the right to a speedy trial. As such, if the State violates the Constitutional rights of a criminal defendant, it may result in a dismissal of the charges against him or her. The evidence needed to prove charges should be dismissed…
People in Florida are generally aware that taking another individual’s property without permission is illegal, but they often lack an understanding of the precise acts an individual may be charged with for stealing or otherwise depriving a person of property. For example, many people think of burglary as involving theft,…
Many people are aware that, in Florida, crimes are classified as misdemeanors and felonies. Few people truly understand the ramifications of being charged with or convicted of felony offenses, however. Fortunately, Florida law explicitly explains what constitutes a felony and the potential punishments that may be imposed on people convicted…
While most people involved in car accidents stop to assess the damage, speak to anyone else involved, and give a statement to the police, some people panic and leave the place where the accident occurred without stopping. When they come to their senses, they often wonder if they can be…
In many instances in which a person is accused of committing a crime, he or she will face additional charges due to acts that allegedly occurred during the commission of the crime. For example, it is not uncommon for a person charged with robbery to face kidnapping charges as well.…
In order to obtain a conviction in a criminal case, the State must present evidence sufficient to establish that the defendant committed each element of the charged offense beyond a reasonable doubt. If the State’s case is severely lacking in competent evidence, a defendant may be able to obtain an…
A person charged with a crime has the right to a fair and impartial trial. This means, among other things, that if a judge demonstrates bias or evidence suggests that the judge is otherwise unable to rule in an objective manner, the defendant can file a motion for recusal. In…