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, as demonstrated in a recent Florida opinion in which they overturned a conviction due to procedural errors. If you or a loved one is facing delinquency charges, it is crucial to consult an experienced Sarasota juvenile crime defense attorney to protect your interests.

Facts and Procedure of the Case

It is alleged that the juvenile and another individual approached the victim in a public park, demanding the return of a bicycle they claimed belonged to them. Reportedly, both individuals were wearing ski masks and brandished knives as they advanced toward the victim. The victim allegedly responded with a defensive gesture, at which point the individuals fled the scene before being apprehended by law enforcement.

It is reported that the State charged the juvenile with attempted robbery with a firearm or deadly weapon. However, at trial, the court found that the State failed to prove the requisite intent for robbery, as evidence suggested that the juvenile believed he was reclaiming his own property. Allegedly, despite this failure, the trial court convicted the juvenile of aggravated assault, a lesser-included offense of the original charge.

The post Florida Court Examines Due Process Protections in Juvenile Cases appeared first on Sarasota Criminal Attorney Blog.

The Fourth Amendment of the United States Constitution offers people protection from unreasonable searches and seizures. Broadly speaking, this means that law enforcement officials must have a warrant to conduct a search. Fourth Amendment protections are critical to safeguarding individual privacy and preventing government abuse of power. There are exceptions to the general rule, however, such as when an officer has reasonable suspicion that a person is committing a crime. Recently, a Florida court addressed what constitutes adequate suspicion of a crime to conduct a warrantless search in a case in which a juvenile appealed his firearms offense convictions. If you are a juvenile charged with a criminal offense, it is in your best interest to talk to a  Sarasota juvenile crime defense attorney about your rights.

The Stop and Arrest

It is reported that a police officer stopped the defendant because he was riding a bicycle at night without lights on. The defendant had a jacket over his left shoulder, and the officer believed that his nervousness and shakiness gave him the impression that there was possibly a weapon in his waistband.

Allegedly, the officer asked to conduct a pat down, and the defendant declined. The officer ultimately found a firearm in the defendant’s groin area. The defendant was charged with multiple firearm defenses. Prior to his hearing, he moved to suppress any evidence found during the stop on the grounds that the officer lacked the necessary suspicion to conduct a weapons pat down. The trial court denied the motion to suppress, and the defendant was adjudicated delinquent. He appealed.

Reasonable Suspicion to Conduct a Weapons Pat Down

In reviewing the denial of the motion to suppress, the court determined whether competent and substantial evidence supported the trial court’s factual findings and reviewed the trial court’s application of the law to the facts. Ultimately, the court found that the issuance of a citation for failing to have a bicycle light would not ordinarily validate a weapons frisk. As such, the officer must have some information indicating that the detainee poses a threat to the officer’s safety or to the safety of others.

In other words, for a weapons pat-down search to be valid, the officer must identify objective facts indicating that the person detained is armed and dangerous. The court noted that while the combination of the defendant’s nervousness and the officer’s observation of a bulge in the defendant’s clothing could justify a weapons pat-down, the arresting officer’s testimony did not support a reasonable suspicion of danger in the subject case.

Specifically, the officer did not observe a weapon or see a bulge in the defendant’s pants. Additionally, the arresting officer had no idea whether the firearm had been in the defendant’s groin area the whole time. Thus, the court concluded that the trial court erred in denying the defendant’s motion to suppress, as the arresting officer lacked the necessary suspicion to conduct a weapons pat down, and reversed the trial court order.

Confer with a Skilled Sarasota Criminal Defense Attorney

A juvenile conviction for a weapons offense can negatively impact a person’s life long after the sentence imposed is complete. If you are a minor charged with a gun crime or any other offense, it is wise to confer with an attorney about your potential defenses as soon as possible. The skilled Sarasota criminal defense lawyers of Hanlon Law have ample experience helping minors protect their rights in juvenile proceedings, and if you hire us, we will advocate zealously on your behalf. You can contact Hanlon Law through the online form or by calling 941-462-1789 to set up a conference.

The post Florida Court Reverses Gun Crime Conviction Following Unreasonable Search appeared first on Sarasota Criminal Attorney Blog.

The Defendant’s Convictions

Allegedly, the defendant was convicted of three different crimes when he was a juvenile. He was sentenced to probation for each crime. The 2015 conviction was for lascivious and lewd conduct by a person under 18, and the 2016 and 2018 convictions were for battery crimes. In 2020, he appeared before the court for a violation of probation hearing on all three cases. The alleged violation was his failure to complete sex-offender counseling for his 2015 conviction. The defendant argued that the court no longer had jurisdiction over the 2016 and 2017 matters and asked the court to dismiss those cases. The court rejected the defendant’s argument, after which he appealed.

Continuing Jurisdiction Over a Juvenile Case

Under Florida law, a juvenile court’s jurisdiction is limited to that indicated by statute. Specifically, the court has original jurisdiction over matters where the child violates the law. Jurisdiction attaches to both the case and the child, and the court may control the child and the case pursuant to the statute. Although there are exceptions, a court will retain jurisdiction over a matter until a child turns 19. One of the exceptions involves juvenile sexual offenders who have been ordered to attend community-based treatment or who have been placed in a treatment facility, in which case jurisdiction will extend until the minor turns 21.

In the subject case, the court found that a plain reading of the statute required the conclusion that the juvenile court lacked jurisdiction over the 2016 and 2018 battery cases, and therefore those cases must be dismissed. The court explained that while the statute permitted a court to retain jurisdiction over a sexual offense case and additional sex crimes that are filed in that case until the child turns 21, a court cannot retain jurisdiction over unrelated cases. The court noted that the 2016 and 2018 offenses were not filed with the 2015 charge. Thus, they were different, unrelated cases, and the court could not retain jurisdiction over them.

Speak to a Trusted Florida Attorney Experienced in Defending Minors

Juvenile offenders have numerous rights, and it is critical for any minor charged with a crime to retain experienced legal counsel. William Hanlon of Hanlon Law is a trusted Sarasota attorney adept at defending minors, and if you retain his services, he will advocate tirelessly on your behalf.  You can reach Mr. Hanlon at 941-462-1789 or through the form online to set up a conference.

[sc_fs_multi_faq headline-0=”h2″ question-0=”Is there more than one way to get my case dismissed?” answer-0=”Yes. There are several ways your case can end up getting dismissed. First, of course, is the level of proof the prosecution may have against you. The prosecution may not have enough evidence to prove your guilt. When you sit down for a consultation with your lawyer he/she should be able to give a very good idea how powerful the prosecutor’s case might be. Second, there could be police misconduct involved in your case that could lead to a pretrial motion that could severely damage the prosecutor’s case or lead to a reduction of the charge. The police violate the defendant’s rights every day. They might violate your right to privacy by conducting an unlawful search or seizure. The police could violate your right to remain silent or right to counsel by taking your statement without proper notice of your Fifth Amendment rights. It is important to understand that a violation of your Fifth Amendment rights will only lead to a dismissal of your case when proving the criminal charge against you hinges on the admission of that statement into evidence. Some criminal charges can be proven without the use of your statement to police. While these two methods can bring about a dismissal of your criminal charge there are other approaches to bring about the same result. In order to find out whether your case involves facts that could lead to a dismissal you should contact the office of an experienced criminal defense attorney. ” image-0=”” headline-1=”h2″ question-1=”How do I pay my criminal defense attorney?” answer-1=”All criminal defense attorneys typically work on an up-front flat fee basis. How much will it cost to defend you? That will depend on the nature of the criminal charge and the complexities involved in resolving it. Your attorney’s level of experience will also be a factor used to determine the fee. ” image-1=”” headline-2=”h2″ question-2=”How much does my past have to do with the type of offer the prosecutor will make in my case?” answer-2=”Your past has a lot to do with the type of offer a prosecutor will make in your case. Do you have a criminal record? Have you been a contributing member of society? Even if you do have a criminal past have you taken steps to change your life? Did you struggle with an addiction of some type during the commission of the offense? A very important aspect of criminal defense is giving perspective to your client’s behavior. It is important for the prosecutor to understand that my client is a person. I do that by spending the time necessary to understand my client’s past and any struggles they endured before they were arrested. It is critical to personalize your client. ” image-2=”” count=”3″ html=”true” css_class=””]

The post Florida Court Explains Continuing Jurisdiction Over a Juvenile Criminal Case appeared first on Sarasota Criminal Attorney Blog.

Factual and Procedural Background

It is reported that the defendant was deemed delinquent for violating the terms of his probation, following a conviction for the lascivious or lewd molestation of a victim who was less than twelve years old. During the violation of probation hearing the court imposed a sex offender registration requirement on the defendant. The defendant subsequently appealed, arguing that the court erred in imposing the requirement. Specifically, he argued that the registration requirement was based on factual findings that were not made by the original sentencing judge and were therefore improper.

Sex Offender Registration Requirement

Under the Florida statute pertaining to the registration of sex offenders, a person will be deemed a sex offender if he or she has been adjudicated delinquent for committing one of the enumerated sex crimes if he or she was fourteen years old or older at the time of the offense. One of the crimes that require a person to register as a sex offender is lascivious or lewd molestation, if the court finds the molestation involved unclothed genitalia.

In the subject case, the court noted that under the clear language of the statute, the defendant was a sex offender, since he was fifteen at the time of the commission of the crime, and the court found that the molestation involved unclothed genitals. The court stated that the lower court was required to make written findings regarding the age of the victim, the age of the defendant, and whether the crime involved coercion or force, or unclothed genitals.

The court noted, however, that both the original sentencing judge and the probation violation hearing judge were the “court” under the terms of the statute. Thus, there was no basis for the defendant’s argument that the statutory findings required to impose a sex offender registration requirement must be made by the original sentencing judge. As such, the court affirmed the lower court’s order.

Speak with a Trusted Sarasota Sex Crime Defense Attorney Regarding Your Charges

If you are a juvenile living in Sarasota and are charged with a sex crime it is vital to retain an experienced attorney to develop a compelling defense to help you protect your rights and your future. Attorney William Hanlon of Hanlon Law is an aggressive Sarasota sex crimes defense attorney who will work tirelessly to help you obtain the best legal result available under the facts of your case. Mr. Hanlon can be reached through the form online or at 941-462-1789 to set up a consultation regarding your charges.

The post Florida Court Discusses When Juveniles Are Required to Register as Sex Offenders appeared first on Sarasota Criminal Attorney Blog.

Recently, a Florida appellate court scrutinized whether a sentence of life in prison with judicial review after 25 years was cruel and unusual punishment, ultimately ruling that it was not. If you are charged with a violent crime in Sarasota, it is essential to retain a skillful Sarasota criminal defense attorney to assist you in formulating a defense.

The Defendant’s Conviction and Sentence

Reportedly, the defendant was convicted of first-degree murder in 1985, for a crime he committed when he was a juvenile. He was first sentenced to life in prison with a possibility of parole after twenty-five years. In 2016, he moved for post-conviction relief in the form of resentencing, arguing that his sentence violated the Eighth Amendment. Following a hearing, he was resentenced to life in prison with judicial review after twenty-five years. The defendant subsequently appealed the new sentence. On appeal, the court affirmed.

Life Sentences for Juvenile Offenders

In Miller v. Alabama, the United States Supreme Court established that imposing a sentence of life in prison without a possibility of parole on a juvenile homicide offender violates the Eighth Amendment. Subsequent to Miller, the Florida courts have ruled that sentences of life in prison without the possibility of parole in a homicide case violate the Eighth Amendment. The court noted, however, that Miller did not impose an absolute bar on life sentences, but required the court to consider the juvenile defendant’s youth before imposing a sentence of life in prison without parole. Further, the Florida courts have held that a life sentence without the chance of parole is reserved for rare instances, in which the crime reflects the juvenile defendant is irreparably corrupted.

Here, the court found that the defendant’s resentencing in accordance with chapter 2014-220 of the laws of Florida is the correct remedy for a sentence that violates Miller.  The court stated that defendant’s new sentence was not a sentence of life in prison without the possibility of parole or a chance for release based on rehabilitation, which placed the sentence out of the bounds of the Miller ruling. As such, the court affirmed the defendant’s sentence.

Meet with an Experienced Sarasota Criminal Defense Attorney About Your Case

If you are a resident of Sarasota and are charged with homicide or another violent crime, you should meet with an experienced Sarasota criminal defense attorney to develop a strategy to defend against the charges you face. William Hanlon of Hanlon Law is a seasoned Sarasota violent crimes defense attorney who will work diligently on your behalf in the pursuit of a successful result. You can reach Mr. Hanlon at 727-897-5413 or through the form online to set up a free and confidential meeting.

More blog posts:

Florida Court Overturns Sentence due to Scoresheet Error, February 5, 2019, 2018, Sarasota Criminal Attorney Blog

The post Florida Court Rules a Sentence of Life Imprisonment with Judicial Review After 25 Years is Not Unconstitutional appeared first on Sarasota Criminal Attorney Blog.