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Clearwater Criminal Lawyer Blog

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Florida Court Discusses Sentencing Challenges

Federal sentencing laws often impose steep penalties on individuals with prior convictions, especially in firearm cases. When a person is classified as an armed career criminal, the mandatory minimum sentence can be decades of imprisonment. While defendants may later seek relief through post-conviction motions, federal courts closely scrutinize such claims,…

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Florida Court Discusses Anonymous Juries in Criminal Matters

Federal criminal trials often raise high-stakes questions about fairness and constitutional rights. From how a jury is selected to how evidence is weighed at sentencing, each stage can shape the outcome of a case. When a defendant is accused of participating in a wide-reaching drug conspiracy, these issues become even…

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Florida Court Discusses Circumstantial Evidence in Fraud Cases

In Florida, defendants accused of fraud-related offenses have the right to challenge whether the evidence presented at trial is legally sufficient to support a conviction. However, courts will uphold a conviction when a reasonable jury could find guilt beyond a reasonable doubt based on the record. This was illustrated in…

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Court Discusses Grounds for Compassionate Release in Florida

In federal sentencing, courts have limited discretion to reduce a sentence once it has been imposed. One exception allows for compassionate release in extraordinary and compelling circumstances. However, this relief is not easily obtained. A recent decision from a Florida court demonstrates the rigorous analysis federal courts apply to such…

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Florida Court Overturns Sentencing Based on Improper Scoresheet

In Florida criminal sentencing, trial courts must strictly follow procedural and statutory requirements when calculating prison terms, particularly when a sentence includes both habitual offender penalties and probation revocation. If they fail to do so, it may result in errors on sentencing scoresheets that can result in unlawful sentences, as…

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Florida Court Dicusses Joinder of Criminal Charges

In Florida criminal cases involving multiple charges, whether or not those charges are tried together can have a significant impact on a defendant’s right to a fair trial. Defendants frequently seek to sever unrelated charges to prevent prejudicial spillover from one count to another, particularly in serious felony cases. However,…

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Florida Court Discusses Grounds for Vacating White-Collar Crime Convictions

People convicted of federal white-collar offenses will often pursue multi-pronged appeals, raising both evidentiary and procedural challenges. However, the standards governing such appeals are highly deferential to the government, and courts are generally reluctant to overturn jury verdicts absent clear error. A recent Florida decision highlights the difficulty of reversing…

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Florida Court Discusses Evidence Needed to Establish Attempted Murder

In Florida criminal cases, convictions for attempted second-degree murder often hinge on whether the defendant’s actions meet the statutory definition of acting with a “depraved mind.” This determination plays a crucial role in evaluating a defendant’s mental state, particularly when circumstantial evidence is involved. Recently, a Florida court explored these…

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Florida Court Explores What Constitutes Crimes of Violence

In federal criminal cases, convictions often hinge on whether the charged offense meets the statutory definition of a predicate crime. This definition impacts sentencing enhancements, particularly for crimes involving firearms. Recently, a Florida court explored whether various offenses, including bank robbery, qualify as crimes of violence under federal law. If…

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