Category Archives: Criminal
When Can a Florida Judge Impose a Lesser Sentence?
Florida’s Criminal Punishment Code establishes the basic rules that trial judges must follow in sentencing defendants convicted of non-capital crimes. In simple terms, the Code provides sentencing guidelines that include the minimum sentence a court must impose for a given offense. The judge will then impose a sentence between this minimum and the maximum… Read More »
How Misrepresenting Your Medical Status Can Lead to Mail Fraud Charges
Many white collar crimes, such as mail fraud, center on allegations that the defendant made false statements in connection with applying for government benefits. For example, say a person applies for disability. This requires them to provide evidence they suffer from a medical condition that prevents them from engaging in any meaningful work. If… Read More »
Why Does Florida Still Have Six-Member Criminal Juries?
Dating back to 1215, when English barons imposed the Magna Carta on King John, it has been widely accepted under the common law that a person accused of a felony or other serious crime has the right to a trial by jury. The United States, which inherited the English common law system, continued that… Read More »
How Getting Arrested While Out on Bail Can Land You Back in Jail
As a general rule, when a person is charged with a crime in Florida they are entitled to seek pretrial release from custody on reasonable bail terms. Florida’s own Rules of Criminal Procedure further elaborate that such bail is a right unless the defendant is charged with a capital offense, or another crime punishable… Read More »
When Is “Character Evidence” Admissible in a Florida Criminal Case?
A criminal trial is about whether or not the accused committed the crime alleged by the government. It is not a forum for deciding whether or not the defendant is a bad person. For that reason, Florida law generally prohibits prosecutors from introducing “[e]vidence of a person’s character or trait of character” to prove… Read More »
How Federal Mail Fraud Charges Work in Florida
Many white collar crimes involve mail fraud, which basically refers to the use of the Postal Service to carry out any kind of fraudulent scheme or activity. For example, if you mail an application for government benefits that contains false or misleading information, that is considered mail fraud. Similarly, if you use the mail… Read More »
Can a Court Consider Lawful Gun Possession in Criminal Sentencing?
In general, it is legal for an individual to possess and carry a firearm in Florida. Obviously, if someone uses a firearm in connection with a crime, that is illegal and may be taken into account when imposing a sentence. But can a court consider lawful firearms possession in connection with sentencing for an… Read More »
Can You Be Punished Multiple Times for the Same Criminal Act?
The United States and Florida constitutions both prohibit “double jeopardy.” You probably know this means a person cannot be tried for the same crime after they have already been acquitted by a jury. But it also means that a person cannot be punished twice for the same offense if convicted. Of course, it is… Read More »
Can a Criminal Conviction in Florida Bar Me From Licensed Occupations?
An often overlooked consequence of a criminal conviction is the potential impact on your job or occupation. Obviously, if you are an “at-will” employee working for a private employer, you can be fired at any time with or without cause. And since a criminal conviction is a matter of public record, it is not… Read More »
What Are the Criminal Penalties for Using Someone Else’s Identification?
Using a fake ID is often associated with teenagers looking to drink. Of course, it is against the law. And you can be charged with a third-degree felony in Florida if you get caught. Even worse is using someone else’s identification to commit fraud. Depending on the circumstances, this can bring the full weight… Read More »
