As technology progresses, Florida police officers, prosecutors, and courts face novel questions as to how the Fourth Amendment protections against unlawful searches and seizures apply to evidence sought from a cloud account or other online storage source. The Eleventh Circuit United States Court of Appeals recently ruled on a case…
Defending against sex crime allegations in Florida can be an uphill battle. Florida defendants have the right to a trial by jury, however, selecting a jury in a sex crime prosecution can be especially difficult, as many members of the public may have a bias against anyone accused of a…
In a recent case before a district court in Florida, the State asked the court to reconsider the lower court’s decision to suppress evidence in a drug case. The lower court had originally ruled that the defendant’s motion to suppress should be granted, given that several police officers executing a…
In a recent case before a district court in Florida, the defendant asked the court to reconsider his convictions for trafficking in cocaine and conspiracy to traffic in cocaine. After the defendant was charged with drug-related crimes, his case went to trial, and a jury found him guilty as charged.…
Criminal prosecutions in Florida often rely upon the testimony of law enforcement officers to convince the jury of a defendant’s guilt in cases where the other evidence isn’t very strong. Many jurors have a belief that police officers are inherently more credible than other witnesses, and this may result in…
Florida law criminalizes a variety of sexual misconduct in addition to the general crimes discussed in the criminal code. Many sexual crimes are established or exacerbated by the specific relationship between the alleged perpetrator and the victim. When someone uses a position of trust or authority to encourage or coerce…
In a recent case, the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal involving a child pornography conviction. The defendant-appellant was charged and convicted of producing and possessing child pornography in violation of 18 U.S.C. §§ 2251(a) and 2252A(a)(5)(b). On appeal, the defendant…
With the advent of high-speed internet, the distribution of photos and video recordings that depict child sex offenses has become an increasingly common issue for law enforcement and the public at large. For media that is shared on the internet, the federal government can assume jurisdiction of a child pornography…
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…