Florida Court Addresses the Dismissal of Prejudicial Charges
Hanlon Law | Clearwater Criminal Lawyer Blog
by Hanlon Law, PA
1w ago
Generally, if people commit multiple criminal acts, they will be charged and tried for said offenses in a single case. If the crimes do not rely on the same evidence or otherwise overlap, however, they may be tried separately. This is especially true in cases in which evidence of one crime may be prejudicial to a defendant in a hearing for a different offense. In a recent Florida opinion, the court discussed the grounds for severing charges in a theft case in which it ultimately denied the defendant’s motion to dismiss. If you are accused of a theft crime, it is smart to talk to a Clearwater ..read more
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While criminal defendants will often assert their...
Hanlon Law | Clearwater Criminal Lawyer Blog
by Hanlon Law, PA
1M ago
While criminal defendants will often assert their innocence, in some instances, it makes sense for them to enter a guilty plea. For example, a defendant will often plead guilty with the expectation that they will receive a reduced sentence for their convictions. Guilty pleas do not automatically result in lesser sentences, however, as demonstrated in a recent Florida case in which a woman argued that her sentence for identify theft and other crimes was unreasonable. If you are accused of a theft offense, it is wise to confer with a Clearwater theft crime lawyer attorney about your options ..read more
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Florida Court Explains Legally Inconsistent Verdicts in Criminal Matters
Hanlon Law | Clearwater Criminal Lawyer Blog
by Hanlon Law, PA
2M ago
Under Florida law, the State can charge a defendant with felony murder if a person dies during the defendant’s commission of a felony offense. A conviction for a felony is an essential element of felony murder, and if the State cannot establish the defendant committed a felony crime, the defendant should not be found guilty of felony murder. As demonstrated in a recent Florida ruling, though, they may be found guilty of other murder offenses. If you are charged with murder or any other violent crime, it is smart to speak to a Clearwater violent crime defense attorney about your rights. Facts ..read more
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Florida Court Discusses Scoring Out-of-State Convictions During Sentencing
Hanlon Law | Clearwater Criminal Lawyer Blog
by Hanlon Law, PA
4M ago
In Florida, people convicted of sex crimes may be sentenced to lengthy terms in prison. Additionally, if they have a history of prior convictions, their sentence may be increased. As discussed in a recent Florida opinion, this is true regardless of whether the convictions were imposed by another state. If you are faced with sex crime charges, it is smart to talk to a Clearwater sex crime defense attorney promptly. Procedural History of the Case It is alleged that the defendant was found guilty by a jury of sexual battery, domestic battery, and harassing a witness. Following sentencing, the def ..read more
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Court Explains Evidence Establishing Guilt for Felony Theft Crimes in Florida
Hanlon Law | Clearwater Criminal Lawyer Blog
by Hanlon Law, PA
5M ago
Under Florida law, theft crimes are graded, in part, by the value of the object stolen. As such, in many instances, the State is required to prove the market cost of the diverted goods in order to demonstrate the defendant’s guilt. If the State is unable to meet this burden, the defendant should be acquitted. Recently, a Florida court discussed what evidence the State must produce to demonstrate the fair market value of a stolen object in a case in which it ultimately affirmed the defendant’s felony theft conviction. If you are accused of taking someone else’s property in violation of the law ..read more
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Florida Court Discusses Evidence Establishing Illegal Structuring
Hanlon Law | Clearwater Criminal Lawyer Blog
by Hanlon Law, PA
6M ago
Under Federal law, banks are required to report cash deposits that exceed a certain amount on the basis that they may indicate that people are attempting to avoid paying income tax. Some people attempt to evade this requirement by structuring their deposits in a manner that will not trigger the reporting requirement. Structuring is unlawful, however, and it can lead to significant penalties. In a recent Florida case, the court described what evidence is needed to establish guilt for structuring, ultimately affirming the defendant’s conviction. If you are charged with a financial crime, it is ..read more
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Florida Court Examines the Sufficiency of Evidence in Weapons Crime Cases
Hanlon Law | Clearwater Criminal Lawyer Blog
by Hanlon Law, PA
7M ago
In the context of criminal proceedings, the defendant’s guilt typically hinges on the interpretation of circumstantial rather than direct evidence. When viewed in its entirety, if the evidence in question does not demonstrate the defendant’s guilt beyond a reasonable doubt, the defendant should be able to avoid a conviction. In a recent Florida ruling issued in a weapons crime case, the court discussed what constitutes adequate evidence to sustain a conviction, ultimately upholding the jury’s guilty verdict. If you are charged with a weapons crime, it is in your best interest to talk to a Cle ..read more
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Court Discusses Evidence Needed to Establish Aggravated Battery In Florida
Hanlon Law | Clearwater Criminal Lawyer Blog
by Hanlon Law, PA
9M ago
In Florida, the act of touching a person without their consent is unlawful, and people that engage in such behavior may be found guilty of battery. Notably, contact is an essential element of many battery crimes, and if the prosecution cannot establish that a person charged with battery made actual contact with their alleged victim, they should not be able to obtain a conviction. This was demonstrated in a recent Florida case in which the court reversed the defendant’s battery conviction. If you are accused of battery, it is smart to speak to a Clearwater battery defense attorney about your p ..read more
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Court Explains Grounds for Imposing a Restitution Order in a Florida Battery Case
Hanlon Law | Clearwater Criminal Lawyer Blog
by Hanlon Law, PA
10M ago
In Florida, people convicted of offenses involving bodily harm to another individual may face a variety of penalties. For example, in addition to being sentenced to jail time and probation, a person may be ordered to pay restitution fees. The courts can only order a defendant to pay restitution for harm arising out of their conduct, however, as demonstrated in a recent Florida opinion delivered in a battery case. If you are charged with battery, it is smart to confer with a Clearwater battery lawyer about your options for seeking a favorable outcome. Factual and Procedural Background It is all ..read more
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Florida Court Analyzes Kidnapping Crimes in the Context of Other Offenses
Hanlon Law | Clearwater Criminal Lawyer Blog
by Hanlon Law, PA
1y ago
It is not uncommon for people to be charged with multiple crimes stemming from a singular incident. While the State can lawfully bring such charges, the prosecution must nonetheless prove the discrete elements of each offense in order to obtain guilty verdicts. If the prosecution fails to meet this burden, it should not be able to obtain a valid conviction. Recently, a Florida court discussed what the State must show to establish guilt for kidnapping charges arising out of an armed robbery in a case in which it ultimately denied the defendant’s appeal. If you are accused of a violent offense ..read more
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