Criminal defendants in federal court are protected both by the Speedy Trial Act and the Sixth Amendment right to a speedy trial. These protections require that the government bring charges and proceed to trial within specified time limits, unless continuances are properly justified and granted. When defendants believe their rights…
In the federal criminal justice system, defendants are entitled to challenge the sufficiency of the evidence against them, the legality of their indictment, and the procedural and substantive fairness of their sentence. However, these challenges must meet stringent standards, especially on appeal. A recent decision from a Florida federal court…
In federal sentencing, defendants with certain prior felony convictions face enhanced penalties under the United States Sentencing Guidelines. When a defendant qualifies as a “career offender,” the resulting guideline range can substantially increase. Whether a prior offense qualifies as a predicate “crime of violence” is a critical legal issue that…
In federal criminal sentencing, enhancements under the United States Sentencing Guidelines can significantly increase a defendant’s prison term, especially when firearms are involved in drug-related offenses. For example, courts may impose an enhancement if they find a defendant possessed a firearm “in connection with” another felony offense. As discussed in…
Federal white-collar crime cases often do not end with a conviction and prison sentence. Many defendants are subject to supervised release following incarceration, and violations of these terms can result in significant consequences, including additional imprisonment. A recent opinion issued by a Florida court in a white-collar crime case demonstrates…
Criminal defendants in Florida have the constitutional right to be apprised of the charges against them with sufficient specificity to prepare a defense. This right extends not only to the charged offense but also to any lesser-included offenses that may be presented to the jury; if such rights are violated,…
Juvenile defendants have constitutional rights that protect them from unfair prosecutions, including the right to due process and proper notice of the charges against them. When these rights are violated, it can lead to wrongful adjudications and unfair sentences. Fortunately, Florida provides recourse for juveniles who have been improperly convicted,…
In federal criminal cases, motions for compassionate release require courts to assess whether extraordinary and compelling reasons justify modifying a defendant’s sentence. These motions are governed by a narrow legal framework, and defendants bear the burden of proving their eligibility. Recently, a Florida court examined these principles in a case…
Under Florida law, theft charges carry significant legal consequences, particularly when the value of the property allegedly stolen elevates the crime to grand theft. In such cases, the prosecution must prove each element of the offense, including the market value of the stolen items, beyond a reasonable doubt. A recent…
In Florida criminal cases, courts often grapple with the balance between ensuring justice and protecting a defendant’s rights, particularly concerning the admission of evidence. Recently, in a high-profile Florida case, the court addressed the admissibility of prior bad acts under the Williams Rule and its implications on a fair trial.…