Tampa Federal Criminal Defense Lawyer
The Florida Supreme Court in Campbell v. State, 38 Fla. L. Weekly S727a (Fla. 2013) found that a defendant is not entitled to withdraw a plea of guilty or nolo contendere following the rendition of a sentence, based solely on the trial court's failure to formally...
Joining the infamous "Mile High Club" -- having sex on an airplane -- may seem like a thrill for some, but getting caught will not be pleasant, as one couple recently discovered. A man and woman were arrested in June after allegedly engaging in sexual behavior on an...
In McComas v. State, the defendant was convicted of armed burglary of a dwelling, dealing in stolen property, grand theft (of several items), possession of a firearm by a convicted felon, and grand theft of a firearm. 38 Fla. L. Weekly D2134b (Fla. 5th DCA 2013).For...
In a white collar mortgage fraud case, how does a district court calculate the "offset value" under the Mandatory Victims Restitution Act when some of the money obtained through a fraudulent loan is returned by giving the lenders the collateral that secures the money....
In Bell v. State, 38 Fla. L. Weekly D2105b (Fla. 2nd DCA 2013), Bell sought review of his convictions and sentences for felon in possession of a firearm and felon in possession of ammunition. Bell contended that the dual convictions violated double jeopardy.The Second...
Defendant was convicted in the Circuit Court of trafficking in cocaine in amount more than 200 grams, but less than 400 grams. The District Court of Appeal, affirmed. The Florida Supreme Court in Greenwade v. State, 38 Fla. L. Weekly S717a (Fla. 2013) held that...
The Sixth Amendment right to counsel requires not only that a person accused of a crime have the assistance of counsel for his or her defense, but also that such assistance be "effective." Ineffective assistance of counsel is established when a defendant shows two...
A juvenile defendant is an individual under the age of 18 who is facing charges within the juvenile justice system. Unlike the criminal justice system (i.e. adult court), the juvenile justice system is geared towards rehabilitation rather than punishment. Thus, the...
In 2007, a grand jury indicted a husband-and-wife pair of medical equipment sales representatives for federal offenses including conspiracy, fraud and money laundering. Apparently, when hospitals bought new medical equipment, many were only too happy to let the sales...
In Missouri v. McNeely, 133 S. Ct. 1552 (2013), the United States Supreme Court held that in DUI investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a...
