Articles Posted in Criminal Defense

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Serving a sentence should not leave someone facing another prosecution simply for obeying release conditions. Yet that was the dilemma described by two Supreme Court justices in Herrera-Salazar v. United States. The Court’s October 2026 decision declined to review the case, while an accompanying statement questioned whether a second prosecution violated the protection against double jeopardy. If new charges appear to repeat conduct for which you have already been prosecuted, a St. Petersburg criminal defense attorney can compare the cases and assess the constitutional issues.

Two Prosecutions Following One Reentry

According to the Court’s statement, the defendant was indicted in 2020 for being found in the United States after removal, in violation of 8 U.S.C. § 1326(a). He pleaded guilty, served his prison sentence, and began supervised release. A condition of that release expressly prohibited him from leaving the Eastern District of Oklahoma.

It is reported that while he remained on supervision, officers stopped him in Heavener, Oklahoma. He was arrested and prosecuted again under the same statute. A jury convicted him, and the court imposed another term of imprisonment and supervised release. His challenge concerned a second prosecution arising from his continued presence in the country, rather than a new departure and reentry.

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Federal sentencing disputes often turn on nuanced constitutional questions and technical compliance with statutory requirements, both of which can significantly alter the outcome of a criminal case. When courts impose enhanced sentences or include probation conditions that extend beyond what the law permits, defendants may have strong grounds for appellate relief. A recent Florida decision highlights how these issues intersect, particularly where a trial court relies on judicial fact-finding to enhance a sentence and includes probation terms that were never properly pronounced in open court. If you are facing criminal charges or questioning the legality of a sentence, it is essential to speak with a St. Petersburg criminal defense attorney to protect your rights and evaluate your legal options.

Case Setting

Allegedly, the defendant was convicted in the trial court of grand theft of a motor vehicle and received a split sentence of imprisonment followed by probation. The trial court also imposed a habitual felony offender enhancement based on the defendant’s prior convictions, which increased the defendant’s sentencing consequences. After sentencing, the defendant sought appellate review of both the enhanced sentence and certain probation conditions contained in the written order.

Habitual Offender Enhancements

The defendant argued on appeal that the trial court violated the Sixth and Fourteenth Amendments by making the factual findings necessary to support the habitual felony offender enhancement instead of submitting those issues to a jury. The defendant further asserted that a condition in the probation order included requirements that were not orally pronounced at sentencing and therefore could not properly be imposed through the written order alone. 

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In Florida, prisoners sentenced to death often attempt to raise postconviction claims based on newly discovered evidence or alleged constitutional violations. However, courts closely scrutinize such filings, particularly when a defendant files successive motions decades after conviction. A recent decision by a Florida court illustrates how difficult it can be for a prisoner to prevail on such claims when the evidence was available at the time of trial or when the record otherwise refutes the allegations. If you are facing a serious criminal charge, an experienced St. Petersburg criminal defense attorney can help protect your rights and present a full defense at trial.

History of the Case

It is reported that the defendant was convicted of first-degree felony murder, aggravated child abuse, and sexual battery stemming from the 1992 death of a two-year-old child. The prosecution’s evidence showed that the child suffered severe blunt force injuries while in the defendant’s care, and the medical examiner concluded that the cause of death was a cerebral hemorrhage resulting from four separate blows to the head. The defendant, however, testified that the child experienced a medical emergency while another person was present in the apartment and that he accidentally dropped her in the shower while attempting to revive her. The jury rejected this account and recommended a death sentence, which the trial court imposed.

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In Florida criminal proceedings, a defendant charged with DUI and related offenses may face significant challenges if the prosecution seeks to introduce prior convictions. These prior convictions can enhance the severity of the charges and potentially bias the jury. Federal and state courts must carefully balance the government’s evidentiary needs with the defendant’s right to a fair trial, as demonstrated in a recent Florida DUI case, which discussed the limits of severance and the proper use of bifurcated proceedings when prior DUI convictions are at issue. If you are charged with DUI or driving with a suspended license, a skilled Pensacola DUI defense attorney can advocate for legal safeguards that preserve your rights throughout the process.

Factual and Procedural Background

It is reported that the defendant was charged by information with two separate offenses arising from a single driving incident. The first count alleged driving under the influence (DUI) as a second or subsequent offense. The second count charged the defendant with knowingly driving with a license that had been suspended, canceled, or revoked. The prosecution intended to introduce evidence of a prior DUI conviction, specifically a judgment reflecting that the sentence included a six-month suspension of driving privileges. This judgment was offered to prove that the defendant had knowledge of her license suspension, a necessary element of the second charge.

Allegedly, the defendant moved to sever the two counts for separate trials, arguing that evidence of the prior DUI conviction would be prejudicial and could improperly influence the jury’s evaluation of the current DUI offense. The defense also requested bifurcation of the proceedings to ensure that the jury would only consider the prior DUI conviction if it first found the defendant guilty of the current DUI charge. The government opposed severance but agreed to bifurcated proceedings as to the prior conviction. Continue reading →

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Federal law enforcement agencies often conduct searches based on complex, ongoing criminal investigations. When those investigations involve serious allegations like stalking, attempted murder, or drug and firearm offenses, the legal justifications for search warrants are often contested in court. A recent Florida decision demonstrates how federal courts evaluate motions to suppress evidence, particularly when the probable cause supporting a warrant is challenged. If you are charged with a federal offense, it is important to understand what evidence the prosecution may use against you, and you should talk to a St. Petersburg criminal defense attorney as soon as possible.

Case Setting

It is reported that federal law enforcement began investigating a series of incidents between 2019 and 2023, allegedly targeting two victims. The incidents included attempted poisoning, two vehicle arsons, a hit-and-run, and the mailing of a threatening letter. It is alleged that these acts were part of an orchestrated effort by one victim’s estranged spouse to harass and intimidate her. In connection with the investigation, four individuals were charged for their alleged participation in this long-running plot.

It is alleged that on June 23, 2024, one of the victims was confronted in her driveway by an unidentified man who pointed a silver pistol at someone emerging from her home before fleeing in a black SUV. Surveillance footage allegedly captured a white Tesla—registered to the defendant, driving in proximity to the SUV both before and after the incident. It is reported that the investigation linked the defendant to the white Tesla, which had also been observed parked next to another vehicle registered to him at his residence. Based on these observations and other circumstantial evidence, federal agents obtained a search warrant for the defendant’s home and person on June 24, 2024. Continue reading →

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The Florida courts and legislature treat juvenile offenders differently than adults who commit crimes. For example, if a juvenile offender receives a sentence of over twenty years in prison, they are entitled to judicial review. The right to judicial review was the subject of a recent Florida opinion delivered in a grand theft auto case, and the trial court’s failure to elucidate that right in the sentencing order constituted grounds for remand. If you are a minor charged with a crime, it is smart to speak to a St. Petersburg juvenile crime defense attorney to discuss your rights.

Facts and Procedure of the Case

It is reported that the defendant was charged with multiple crimes arising out of the theft of a vehicle and the burglary of a dwelling. He entered an open guilty plea, after which he was convicted of the charged offenses. He received a prison sentence of 35 years, followed by 16 years of probation. He then appealed.

The Right to Judicial Review in Juvenile Cases

The defendant raised multiple grounds on appeal. The court rejected each of his arguments in turn but remanded the matter for two specific purposes. First, the court noted that the trial court must enter a written order that allows for the judicial review of the defendant’s sentence after twenty years, as required by the Florida Statutes. Although the topic of judicial review was discussed during the sentencing hearing, the court failed to provide a written order to that effect. Therefore, the court held that it was necessary for the trial court to rectify this omission by issuing a written order. Continue reading →

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Pursuant to federal law, people convicted of certain offenses may be deemed career offenders and may face enhanced penalties if they are subsequently convicted of other offenses. One example of an offense that permits a career offender enhancement is a crime of violence. It is not always clear what falls under the umbrella of violent crime, however. In a recent case, a Florida court evaluated whether a Montana conviction for assaulting a police officer constituted a violent crime, ultimately ruling that it did. If you are charged with a violent offense, it is prudent to confer with a St. Petersburg violent crime defense attorney who can help you formulate a compelling defense.

The Facts of the Case

It is alleged that the defendant was charged with an assault offense and unlawful possession of a weapon arising out of an incident that occurred when he was in a federal correctional institution. He pled guilty to the assault charge in exchange for the dismissal of the second offense. The defendant’s presentence investigation report included, in pertinent part, his Montana conviction for assaulting a police officer.

Reportedly, the sentencing court ultimately deemed the defendant a career offender under federal law, in part due to his Montana conviction being deemed a crime of violence. The defendant objected to the classification of the Montana assault as a crime of violence. The court overruled his objection and sentenced him to 96 months in prison. The defendant then appealed. Continue reading →

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Generally, people who are considered career criminals face greater penalties than those with no criminal history. As such, if a person who has multiple prior convictions is found guilty of another offense, they may be subject to sentencing enhancements. While generally, crimes are discrete acts, a person can be charged with numerous offenses for one criminal enterprise. Crimes committed from a single criminal episode do not trigger the Armed Career Criminal Act (the Act) for sentencing purposes, though, as recently explained by the United States Supreme Court in a case in which the defendant had ten prior robbery convictions stemming from a single incident. If you are charged with robbery or any other violent crime, it is prudent to meet with a St. Petersburg violent crime defense attorney to assess your options.

Background of the Case

It is alleged that the defendant broke into a storage facility in 1997 and stole from ten separate units. He was subsequently charged with and convicted of ten counts of burglary. In 2014, a police officer entered the defendant’s home and observed the defendant with a rifle in his possession. He was then charged with being a felon in possession of a firearm in violation of federal law. The defendant was found guilty and determined to be an armed career criminal under the Act, due to his ten prior robbery convictions. He was sentenced to 15 years in prison, after which he appealed. The appellate court affirmed his sentence, and he filed a writ of certiorari.

Criminal Convictions in the Context of the Career Criminal Act

The issue the Supreme Court addressed was whether crimes that are committed sequentially as part of a single event occur on different occasions for purposes of imposing a sentence enhancement under the Act. The Court ruled that they did not, and reversed the lower court ruling. Continue reading →

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If you have been arrested, you have the right to remain silent. You also have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. You must exercise these rights as soon as possible. Do not answer any questions or make any statements until you have spoken with an attorney.

A criminal attorney is a lawyer who specializes in defending people who have been accused of committing crimes. Criminal attorneys work to protect their clients’ rights, and they may also investigate the case to look for possible defenses. In some cases, a criminal attorney may negotiate with prosecutors to get charges reduced or dismissed. If you have been accused of a crime, it is important to seek legal help as soon as possible so that your rights can be protected. A criminal attorney can explain the charges against you and help you understand your options. If you face serious charges, it’s imperative that you hire an experienced criminal defense lawyer.

You should keep in mind a few things when choosing a criminal defense lawyer. You want to choose a lawyer who has experience handling cases like yours. Criminal defense lawyers typically specialize in either felonies or misdemeanors. If you have been charged with a felony, you will want to hire a lawyer who has experience handling those types of cases. You also want to choose a lawyer who has a good reputation. Ask around or look online for reviews of potential criminal lawyers. It is important to choose a criminal lawyer who you feel comfortable communicating with. This is someone you will be sharing sensitive information with, so it is important that you feel like you can trust them.

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If you are looking for an experienced and reliable criminal defense attorney in St. Petersburg, FL, you have come to the right law firm. Hanlon Law has over 20 years of experience representing St. Petersburg clients in various criminal cases. We are dedicated to providing our clients with reliable legal representation every step of the way. We understand that this is a difficult time for you, and we will do everything we can to help you get through this ordeal as smooth as possible.

What to do if you are arrested in St. Petersburg, FL

If you are arrested in St. Petersburg, FL, the first thing you should do is contact a criminal defense attorney who can help protect your rights and ensure that you have a fair trial. Our criminal defense attorneys are experienced in handling all aspects of a criminal case, from pre-trial to appeal. They will work with you to develop a legal strategy tailored to your specific situation and needs. It is always best to have an experienced criminal defense attorney on your side who can give you the individualized attention and care that your case deserves.

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