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The COVID-19 pandemic has drastically modified many aspects of daily living, including how courts handle the process of handling criminal hearings and trials. Criminal defendants have many rights under the state and federal constitutions, but some of them have been altered or impinged by COVID-19 orders, and it is critical for people charged with criminal offenses to understand how their cases will proceed during the pandemic. If you are accused of a crime, you should meet with a skillful Sarasota criminal defense attorney as soon as possible to discuss your options.

Florida Court Process During COVID-19

Throughout the pandemic, many Florida courts have been operating under modifications based on local public health information in an effort to stop the spread of the coronavirus. For example, some courts have temporarily halted non-jury and in-person jury trials, while others have limited the number of trials they are allowing to proceed.

Criminal defendants have numerous rights, though, including the right to a speedy trial. Specifically, under Florida Rule of Criminal Procedure 3.191, a criminal trial must begin within ninety days of a person’s arrest if the crime charged is a misdemeanor. If the underlying offense is a felony, the trial must commence within one hundred and seventy-five days of the defendant’s arrest. In some cases, a defendant may be able to file a demand for a speedy trial, in which case the trial must commence within fifty days.

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In many criminal matters, the State must rely on circumstantial evidence to obtain a conviction, such as eyewitness testimony. Similarly, criminal defendants often ask witnesses to testify to substantiate their defenses. Thus, the inability to present a witness can be greatly prejudicial to a defendant and may result in an unjust conviction. A defendant who wishes to delay a trial or verdict to permit an additional witness to testify must meet a high burden of proof; however, and such requests are not often granted. Recently, a Florida court discussed what a defendant seeking a continuance to present an additional witness must prove for the request to be granted in a case in which the defendant was convicted of numerous violent crimes. If you are charged with violent offenses, it is in your best interest to speak to a trusted Sarasota violent crime defense attorney regarding your rights.

The History of the Case

It is reported that the defendant was charged with multiple violent crimes, including first-degree murder and armed robbery. During his trial, he filed a motion for a continuance so that he could present an additional witness. The court denied his motion, and he was convicted as charged. He subsequently appealed, arguing in part that the trial court erred in denying his motion for a continuance. On appeal, the court affirmed the trial court ruling and the jury’s verdict.

Motions for Continuances to Present Additional Witnesses

After reviewing the evidence of record, the court noted that the defendant preserved the issue for appeal but found that his appeal lacked merit. The court explained that a denial of a motion for a continuance is reviewed for an abuse of discretion. In the subject case, the defendant’s attorney requested the continuance after both sides had presented their cases and closing arguments were about to begin. He asserted that a possible witness had just been disclosed but admitted he had not spoken to or met with the witness. Continue Reading ›

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In many cases in which a person is charged with a sex offense involving a child, the State will have little if any direct evidence that a crime was committed. As such, the prosecution will often seek to admit circumstantial evidence to prove the defendant’s guilt, which may include hearsay testimony. Under the Florida Rules of Evidence, hearsay is generally inadmissible, but there are exceptions, as discussed in a recent ruling in which a Florida court affirmed a defendant’s conviction for sexual battery of a minor. If you are accused of committing a sex crime against a minor, it is advisable to meet with an experienced Sarasota criminal defense attorney to discuss your options.

The Charges Against the Defendant

It is alleged that the defendant was charged with sexual battery on an individual under the age of twelve. The charge arose from the allegation that he assaulted his former girlfriend’s daughter over the course of four years when he lived with the girlfriend. Prior to trial, the State filed a notice that it intended to admit hearsay evidence in the form of a handwritten note in which the victim described her sexual abuse. Following a hearing, the trial court deemed the note admissible. The defendant was convicted as charged, after which he appealed, arguing, in part, that the court erred in publishing the note.

Hearsay Testimony in Florida Criminal Trials

On appeal, the court held that the admission of the victim’s note into evidence was proper under the Florida Statute Section 90.803(23), which establishes the standard for allowing hearsay statements of child sex abuse victims into evidence at criminal trials. Specifically, the Statute states that the statement must meet certain requirements with regards to reliability. First, it must come from a source that indicates trustworthiness. Second, the content, circumstances, and time of the statement must reflect that it provides adequate safeguards of reliability.

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The criminal justice system treats and prosecutes juvenile offenders differently than adults. Typically, a court that handles a juvenile matter retains jurisdiction over the case until the child reaches a certain age, but the duration of the jurisdiction varies depending on the offense for which the minor was convicted. A court’s continuing jurisdiction over juvenile matters was the topic of a recent ruling set forth by a Florida court in a case in which a juvenile defendant allegedly violated the terms of his probation. If you are a minor charged with a criminal offense, it is in your best interest to confer with a trusted Sarasota criminal defense attorney regarding your rights.

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.

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Typically, it is unlawful for people previously convicted of felonies to possess weapons. As such, while owning a gun is legal for most people, convicted felons who are caught with guns can be charged with crimes. Depending on the nature of the person’s prior offenses, a conviction for unlawful possession of a firearm can result in several years of imprisonment. This was illustrated in a recent Florida ruling in which the court affirmed a defendant’s sentence to fifteen years in prison for possession of a firearm after prior convictions for serious drug offenses. If you are faced with weapons charges, it is prudent to speak with a knowledgeable Sarasota gun crime defense attorney to discuss your case.

Background of the Case

It is reported that the defendant was charged with and convicted of possession of a firearm by a convicted felon. He had three prior convictions under Florida law for the delivery or sale of cocaine. The court determined these offenses to be serious drug crimes under the Armed Career Criminal Act (ACCA), which mandated an increased minimum sentence of fifteen years in prison. The defendant was ultimately sentenced to 195 months in prison, after which he appealed.

Serious Drug Offenses Under the Armed Career Criminal Act

On appeal, the defendant argued that the sentencing court erred in determining that his prior three convictions for selling cocaine constituted serious drug crimes. Specifically, he argued that to determine whether a state crime is considered a serious drug offense, a court should identify the elements of the generic federal offense and then assess whether the state crime meets those elements.

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In many instances in which a criminal defendant is convicted of a crime, the court will not only sentence the person to jail time or probation but will also order him or her to pay restitution costs. A court may not order restitution without basis, however. Rather, as discussed in a recent Florida theft case, certain factors must be present for a restitution award to be valid. If you are accused of committing a theft crime, it is smart to consult a skillful Sarasota theft crime defense attorney to evaluate your rights.

The Alleged Crime and Restitution Award

It is reported that the defendant was charged with three counts of dealing in stolen property, giving a pawn shop owner false verification of ownership, and other crimes. He entered a guilty plea to all charges. Following his sentencing, he challenged an award of restitution for a stolen diamond bracelet, arguing that as he was not charged with stealing the bracelet and the item was not within the original charge of dealing in stolen property, his guilty plea did not constitute an agreement to pay for it. Upon review, the appellate court affirmed the award.

Grounds for Awarding Restitution Under Florida Law

Under Florida law, if a defendant challenges a restitution award, the court must assess whether the damage or loss the defendant has been ordered to pay for is both causally related to and bears a substantial relationship to the crime. In order for a restitution award to be causally connected to a crime, it must arise out of the crime for which the defendant was actually charged. Additionally, if a defendant agrees to pay restitution as part of a plea agreement, his agreement is limited to restitution for the charged crime, as reflected by the information or the factual basis for the plea that was set forth by the State when the plea was entered.

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Typically, a person convicted of a felony under Florida law will lose the right to possess a firearm. Thus, while the possession of a firearm is usually legal for a person with no criminal past when a gun is owned or obtained by a person who has previously been convicted of serious crimes, it may constitute a criminal offense. In a recent case, a Florida court discussed what information the prosecution must give to a person charged with possession of a firearm by a convicted felon, in a case in which the defendant argued he was not properly advised of his rights prior to pleading guilty. If you are charged with a weapons offense, it is prudent to speak to a trusted Sarasota gun crime defense attorney to discuss your options prior to entering a plea.

Factual History of the Case

It is reported that the defendant pled guilty to a charge of possessing a firearm as a convicted felon. After sentencing, he appealed, and the appellate court affirmed his conviction. The defendant appealed again, and his conviction was ultimately vacated by the United States Supreme Court. the matter was then remanded back to an appellate court to determine whether the defendant’s indictment was jurisdictionally deficient and whether the district court committed a clear error in failing to advise the defendant that the prosecution was required to prove that the defendant knew he was a felon when he possessed the gun, prior to the entry of a plea.

Possession of Firearm by a Felon Charge

Due to the fact that the defendant pled guilty, he was required to demonstrate the existence of a jurisdictional defect for his sentence to be vacated. In evaluating whether a defect in a federal indictment is jurisdictional, the court must assess whether it charged the defendant with a criminal offense in violation of the laws of the United States. Although the failure to include an element may render the indictment inadequate, it does not remove jurisdiction from the federal court.

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Frequently, when a crime is committed, the police will gather any available DNA that is located at the crime scene and submit it for comparison with the profiles stored on a DNA database known as CODIS (Combined DNA Index System). Recently, in a case in which the defendant was charged with sexual battery, a Florida court analyzed whether the inclusion of a criminal defendant’s DNA in CODIS violated the defendant’s rights. If you are charged with a sexual battery offense, it is critical to retain an assertive Sarasota sex crime defense attorney to help you seek to safeguard your rights.

Facts of the Case

It is reported that the victim was sexually assaulted in her home, after which she attempted to run across the street to her niece’s house. When she was in the street, she was struck by a car and run over several times. The victim’s niece heard a car driving aggressively, which caused her to go outside and investigate. The victim, who was lying on the ground, managed to convey to her niece that she had been sexually assaulted. She was transported to the hospital where she later died.

Allegedly, when the police were investigating the crime, they obtained DNA evidence from a sponge in the victim’s bedroom. They entered the DNA into CODIS, which resulted in a match with the defendant’s DNA. He was subsequently charged with sexual battery and numerous other crimes. At trial, the defendant moved to have the DNA evidence excluded, arguing that his DNA should not have been in CODIS as his prior conviction had been reversed, and his record had been expunged. Thus, he asserted the evidence was the fruit of the poisonous tree and violated his constitutional rights and should be suppressed. The court denied his motion, and he was convicted, after which he appealed.

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In many cases in which a defendant is convicted of a crime of a sexual nature, the court will impose a sentence that includes a requirement that the defendant register as a sex offender. In some instances, though, a court has the discretion to remove a defendant’s requirement to register as a sex offender. The court can only exercise this discretion if certain factors are met, however, as shown in a recent case in which a Florida appellate court denied the defendant’s petition for the removal of the requirement to register as a sex offender. If you are charged with a crime of a sexual nature, it is in your best interest to speak to a dedicated Sarasota sex crime defense attorney to assess the circumstances surrounding your arrest and what defenses you may be able to assert to protect your rights.

Procedural History of the Case

It is alleged that the defendant was charged with traveling to meet a minor in violation of Florida law, and unlawful use of computer service in violation of Florida law, both of which were crimes of a sexual nature. He was adjudicated guilty and sentenced by the court. His sentence included a requirement that he register as a sex offender. As such, he filed a petition to remove the requirement. The sentencing court denied the defendant’s motion, after which he appealed.

Removal of the Requirement to Register as a Sex Offender

Under Florida law, if certain requirements are met, a court has the discretion to consider removing a requirement imposed on a defendant convicted of a sex crime. Specifically, the requirement can be waived if a defendant is convicted of sexual performance of a child, lascivious or lewd offenses that were committed in the presence of a person under the age of sixteen, and engaging in specific computer transmissions that are prohibited by law.

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In some instances in which a defendant is charged with a sex crime, the State’s evidence is compelling, and it is prudent for the defendant to enter a plea of nolo contendere to avoid receiving the maximum penalties permitted. Even if a defendant does not defend against criminal charges, however, any sentence issued must nonetheless be within the statutory limitations, and if they are not, may be vacated as illegal sentences, as discussed in a recent Florida case. If you are charged with a sex crime, it is advisable to contact an experienced Sarasota sex crime defense attorney regarding your options and potential penalties.

Factual and Procedural History of the Case

It is alleged that the defendant was charged with attempted sexual battery and attempted lascivious or lewd molestation, both of which were allegedly committed against a person less than twelve years old. The defendant entered a plea of nolo contendere, after which the court imposed concurrent sentences of twenty years imprisonment, followed by probation for life. The defendant appealed, arguing that the sentences were illegal because they exceeded the maximum penalties set forth by law for second-degree felonies. The trial court denied the motion, and the defendant appealed the denial.

Grounds for Vacating a Sentence in Florida

Under the Florida Rules of Civil Procedure, a court may correct an illegal sentence if the defendant affirmatively alleges that the court records, on their face, establish an entitlement to the relief requested. In the subject case, the court noted that sexual battery on a person under twelve years old is a first-degree felony that is punishable by up to thirty years in prison. Thus, the court found that the sentence of twenty years imprisonment followed by lifelong probation exceeded the statutory maximum and, as such, was illegal.

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