The federal sentencing guidelines offer a framework for judges to utilize when determining the sentence of an individual convicted of a federal crime. Sentencing guidelines generally incorporate both aggravating and mitigating circumstances surrounding the defendant’s history or conduct in order to modify the sentencing judge’s discretion in accordance with congressional…
Both United States Federal Courts and Florida state courts consider many factors when issuing a sentence after a criminal conviction. Generally, courts will apply factors that relate to the charged crime specifically, as well as factors relating to the defendant’s criminal history, character, and ongoing risk to the public. Sentencing…
Sentencing guidelines are used in the state of Florida to advise judges as to appropriate sentences for each crime. The sentencing guidelines often incorporate both aggravating and mitigating circumstances to increase or decrease the level of offense and suggested sentence. The sentencing guidelines for sexual offenses allow for a broad…
Florida jails and prisons have historically experienced significant problems with rape and sexual assault among inmates. Additionally, the correctional staff is often involved in sexually assaulting inmates. In response to increasing public concern with the endemic prison rape problem nationwide, the United States Congress passed the Prison Rape Elimination Act…
The United States Congress and federal courts have developed a legal framework for prosecuting people suspected of engaging in the production of pornographic materials involving children. In order for federal child pornography charges to be applicable to an alleged crime, prosecutors must prove that the federal government has jurisdiction over…
Over the last several decades, the accelerated development of DNA testing and other forensic technologies has resulted in Florida prosecutors pursuing charges for many formerly “cold cases.” The statute of limitations in Florida for sex crimes can be extended indefinitely under certain circumstances. As a result of these laws, charges…
Former Florida Gators backup quarterback Jalen Kitna (“Kitna”) was arrested in late November for two counts of promotion of child pornography and three counts of possession of child pornography, both violative of Florida Statute 827.01. While unfortunately it is not uncommon for young collegiate athletes to find trouble with the…
Nine times out of ten if a person is indicted in a Federal criminal case, they will most likely be charged in a conspiracy. Generically, a conspiracy is nothing more than an agreement to commit some type of criminal act. 18 U.S.C. 371 is the most general form of conspiracy…
Being arrested doesn’t have to mean you will spend a significant amount of time in jail after your arrest. The bail bond system allows someone who has been arrested for a crime to be released from jail pending their trial. This important facet of the criminal justice system ensures that…
Former star of reality tv show “The Bachelor” was arrested in his native Iowa last week and charged with leaving the scene of an accident with death after he is alleged to have rear ended a tractor driven by Kenny Mosher and fleeing the scene. According to a news report,…