Criminal defendants, those charged with a criminal offense, have no right to a plea deal with the prosecutor acting on behalf of the State of Florida. The right to a jury trial is guaranteed by the U.S. and Florida Constitutions. The Sixth Amendment of the U.S. Constitution states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” Nowhere however, in the U.S. or the Florida Constitution, does the accused have a right to a plea deal with the […] The Art of the Plea Deal
Criminal defendants, those charged with a criminal offense, have no right to a plea deal with the prosecutor acting on behalf of the State of Florida. The right to a jury trial is guaranteed by the U.S. and Florida Constitutions. The Sixth Amendment of the U.S. Constitution states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” Nowhere however, in the U.S. or the Florida Constitution, does the accused have a right to a plea deal with the […] Petit Theft and Other Misdemeanor Crimes
The crime of Petit Theft in Florida is the taking or misusing of another’s property with the value of the property being $300.00 or less. The crime of Petit Theft in Florida is a Misdemeanor of the First degree. A misdemeanor of the first degree in Florida is punishable by up to one (1) year in jail and a fine of up to $1,000.00. There are also civil fines and forfeiture laws that deal with those accused and found guilty of petit theft. The most often seen petit thefts in Florida, are when someone shoplifts from a retail store, walks out on not paying an invoice for food or hospitality related services, destroys another’s property, misuses of another’s property or not returning rental property as promised per the rental agreement. Petit theft is a crime of dishonesty, and as such, is a crime against moral turpitude. Crimes against moral turpitude […] Florida Criminal Sentencing and Departures: Part II the Appeal
In the first part of this blog, Florida Criminal Sentencing and Departures, we learned the laws and policies at the trial court level, as it relates to trial judges departing from the Florida criminal sentencing guidelines. The second part of the blog will now discuss the appellate process and how the appeals courts review the departed sentence from the lower court. If the lower court, also known as the sentencing court, downward departs on a criminal sentence the State of Florida through the Office of the State Attorney, for the county in which the crime occurred, will likely appeal the lower court’s ruling to depart to the District Court of Appeals. The principle behind this appeal is set out in the separation of powers of the Florida and United States Constitution. The Judges of Florida make up a portion of the Judicial Branch of Government. The State Attorneys in and […] Florida Criminal Sentencing and Departures
Under Florida law the sentencing guidelines and laws are in place to provide uniformity of sentence. This uniformity was born out when political activists argued that certain races in Florida were being treated differently under the previous criminal sentencing scheme, because of race or skin color. Basically, black activists argued for “Florida Sentencing Guidelines” that would provide equal sentences for all races of people, touting what they believed was disparaging sentences that blacks faced for crack cocaine possession versus whites for powder cocaine possession. Since the sentencing guidelines have been enacted in Florida, at the behest of the activists, sentencing judges have a very difficult time meting out a sentence below the guidelines. Experienced criminal defense attorneys have crafted ways to persuade trial judges to go below the guidelines, but then the State on many occasions, through the appellate process, gets the non-state prison sentence or reduced incarceration sentence overturned. […] I Committed a Crime, but I Had No Choice
Sometimes in life, we have to make tough decisions. Deciding between two evils is never easy to do. Taking the life of a person or animal is not what most people inspire to do when they awake in the morning. But what happens when you are put into a position to kill or be killed? To protect your children, family, friends or a stranger from an inherit evil that you did not cause is what Criminal Defense Lawyers call a Necessity Defense. The Necessity Defense, also known as the choice of two evils doctrine, exists when a defendant commits a criminal act, when he reasonably believed that a danger or emergency existed that he did not intentionally cause and that the threatened harm is real, imminent, and impending. If the defendant or accused believes that his or her action was necessary to avoid an imminent threat of death or serious […] Judges Usurping the Providence of the Jury
You or a loved one has been arrested. You pled not guilty. You want to go to trial for the criminal charges you are facing. You have prepared your case for trial. The trial has now begun. The trial goes smoothly and the Judge is charging the Jury. Charging the jury means that the Judge is instructing the jurors on the laws of your case. During jury instructions, the Judge states: “you cannot find for or against; guilty or not guilty; because you like or dislike the Defendant or the Government.” This charging of the jury is inconsistent with Florida Law; and according to West Palm Beach Criminal Defense Attorney Andrew D. Stine this charge by the Judge to the Jury is Unconstitutional. The Florida Constitution and U.S. Constitution allow members of the community, when acting in their capacity as a jury to “Pardon” the accused. Experienced Criminal Lawyers will […] Crystal Meth
Crystal methamphetamine is an illegal narcotic that is beginning to flood the Florida peninsula. The drug known as “meth,” “ice” and sometimes “glass” gets its name from the color, shape and size of how the drug is illegally made. The drug is made easily with over the counter medicines and household products. Most crystal meth is made in homes or garages in Florida but a growing trend is to produce the drug in roving labs. Roving labs are set up in the back of pick-up trucks or vans and the drug is produced on the go. The meth cookers are working to get the ephedrine that is the main ingredient in the illegal producing of Meth. Ephedrine is relatively a new drug in our history. Ephedrine was first documented in 1880’s in China. The drug was not used or circulated until the 1920’s and then widely used throughout the 1950’s […] Do Parents who use Force to Discipline their Children in Florida Run the risk of committing a Crime?
In Florida, corporal punishment of the child is legal, lawful and expected from the parent. Corporal punishment is what most people refer to as a spanking. The legislatures of Florida have laws on the books that allow “spanking” of the child, to discipline the child. The Bible specifically states: “Spare the rod, spoil the child.” So, the Florida Legislatures, along with God, have recognized that “spanking” of a child is not only recommended but required from the parent, to properly raise and rear the child. So, now that you understand the Law and the Privilege that exist in the Laws of Florida, to spank or use corporal punish on a child, you have to ask when a spanking becomes unlawful. Florida Law does not allow or prohibits a parent or guardian from inflicting severe physical or emotional trauma on a child and for good reason. But what is severe physical […] Being Investigated for a Crime
When you or a loved one is being investigated for a crime or criminal wrong doing, the first thing you need to do is call an attorney. Experienced criminal defense attorneys know how law enforcement officer investigate crimes through interviewing witnesses, gathering evidence and tracking the criminal target. Today more than ever, in the high tech society we live, law enforcement officers are able to gather evidence against the criminal target, quicker and more persuasively than ever before. If the crime you are being investigated for is one of a sexual nature; like sexual battery, lewd and lascivious battery, rape, sexual abuse of a minor or any other sex crime in Florida, there are certain things you must know. First, law enforcement officials will immediately interview the alleged victim or parents of the victim. This interview will be very detailed orientated and conducted by a seasoned special victim’s unit investigator, […] Violation of Probation
Many criminal defendants choose to enter into a probation plea to wrap up their criminal matters. Pleading guilty and being placed on probation is risky. Because a probation plea is a contract between the probationer and the prosecutor. Probation is just that: a contract between the accused and the state. The problem with this type of contract is that only one party is ever responsible for breaching the contract and that is the probationer. The contract spells out exactly what the probationer needs to complete or refrain from doing in order to have the state uphold its end of the bargain, which is no more than providing the accused with freedom. But with this new found freedom comes many responsibilities. While on probation there are many conditions that the probationer must follow. Some of those conditions include: No Use of Illegal Drugs; No Excessive Use of Alcohol; Reporting Once a […]