After a jury finds a defendant guilty, it does not necessarily mean that the process ends there. Defendants are given an opportunity to appeal their conviction, sometimes several opportunities depending on the circumstances. In order to be successful on appeal, the defendant needs to prove that there was an error…
In Florida there is a classification called “habitual felony offender,” or “HFO.” Florida law specifically defines who can be sentenced as an HFO. In this case the defendant was sentenced as an HFO but he argues that he should not have been classified as an HFO, because according to him…
The Florida Supreme Court is the highest court in Florida. Immediately below the Florida Supreme Court are the Florida Appeals Courts. There are five different districts in Florida that each have their own courts of appeal. Sometimes these courts will rule on cases in ways that conflict with each other.…
The defendant in this case was convicted for the first-degree murder of a correctional officer while he was an inmate in a correctional institution. He was sentenced to the death penalty. This appeal was based on a case that was decided after the defendant was convicted. In a case called…
The American criminal justice system understands that due to their age, minors do not have the same decision making skills as adults do. Thus, if a juvenile is accused of a crime, there may be defenses they can use that may not be available for adults. Of course every case…
Laws change all the time. When the legislature is in session and passing new laws, these laws will usually have a date that they go into effect. However, sometimes a law can also apply retroactively. That means that even if the conduct occurred before the law was passed, the new…
There are very specific rules about which kinds of evidence can be presented to the jury during a criminal case. If evidence is admitted that should not be, the evidence can be suppressed. If evidence crucial to the prosecution’s case is deemed to be inadmissible, the charges may be thrown…
During a trial, there are many decisions that a defendant and their counsel need to make. One of the most important decisions in many trials is whether or not the defendant should take the stand and testify on their own behalf. Many of the aspects of a trial, such as…
Criminal cases involving juvenile defendants can raise a number of tricky legal questions. Florida’s Third District Court of Appeal recently took up the case of a man who was sentenced to life in prison when he was a minor. The decision offers some important insight for anyone facing criminal charges…
Taped phone conversations can go a long way in proving a state prosecutors’ case, but the discussions they reveal are often out of context, confusing and difficult to follow. That’s not to mention that they regularly include information that’s not relevant to the case and could even be prejudicial to…