Criminal Defense

August 27, 2024

When the State Can (and Cannot) Use Evidence of a Defendant’s Past Bad Acts in a Florida Criminal Trial

Many episodes of scripted television courtroom feature an “a-ha!” moment where the outcome becomes apparent: a witness breaks down on the stand and conclusively implicates themselves, someone other than the accused confesses to police or prosecutors, or a decisive piece of evidence is discovered at the last second. In the real world, few cases have a “smoking gun.” Most criminal trials in Florida predominantly feature circumstantial evidence and come down to which side’s presentation proves more persuasive to the jury. Given that reality, having a skilled Tampa Bay criminal defense lawyer on your side if you are facing charges is a must. The right legal team not only can help you put forward all the evidence that strengthens your case but also assist you in keeping out inadmissible evidence the prosecution seeks to place before the jury.

One type of circumstantial evidence that prosecutors use to bolster their cases is proof of the accused’s criminal past. In general, the law does not permit the consideration of the accused’s prior bad acts to decide his/her guilt of the current crime, but the law also carves out exceptions. One is when the defense “opens the door.” This means that the defense proactively presented evidence related to character traits first. If the defense opens the door, then the law allows the state to bring in evidence of prior bad acts that relate to that same trait.

Additionally, the state can use proof of past criminal activities if those prior bad acts tend to prove motive, intent, knowledge, or pattern, and not criminal propensity or poor character. This is called the “Williams rule,” stemming from the 1959 Florida Supreme Court ruling in Williams v. State.

May 24, 2024

Pretrial Discovery Requirements and Violations of Those Rules in Florida Criminal Trials

by Blake & Dorsten, P.A.

You have certain rights when you stand trial in Florida, and the state has many procedural obligations. Full vindicating your rights means, among other things, knowing all of those prosecutorial obligations, correctly identifying violations when they occur, and taking the proper steps to act once a violation has been identified. That requires having diligent and detail-oriented counsel on your side. To ensure you are fully protected when you are on trial, you should speak to an experienced Tampa Bay criminal defense lawyer about your case.

One place where parties have substantial obligations – and where violations can have significant consequences – is pretrial discovery. A recent burglary case from Tampa shows what should happen when the state doesn’t meet those requirements.

T.M., a juvenile, was on trial for the crime of “burglary of an occupied dwelling,” which is a felony. During the trial, the prosecution called two Hillsborough County Police officers as witnesses – the author of the police report and the officer to whom the juvenile allegedly confessed to the crime.

March 22, 2024

A Florida Sex Offender Registration Case Offers Helpful Insight Into What an Ex Post Facto Violation Looks Like

by Blake & Dorsten, P.A.

People suspected of a crime or facing criminal charges may be familiar with the names of certain legal concepts and phrases but not truly understand their meaning and application. Many people have heard “ex post facto” or “fruit of the poisonous tree.” Few know exactly when these phrases apply to their cases and, if they do, precisely how to use them. An experienced Tampa Bay criminal defense lawyer, however, knows exactly how these and other concepts work and how to use them to your maximum benefit.

Arguments about ex post facto laws are an area where many pro se criminal defendants go wrong, raising the argument in circumstances where no ex post facto violation exists. A recent sex offender registry case from our south, however, is an example where the accused did have a valid ex post facto argument.

The defendant, A.C., was a Venice man convicted of a sex crime in 2016. At that time, the court sentenced him to incarceration followed by one year of probation. The sentence also required him to register as a sex offender. In the summer of 2019, while on probation, A.C. was arrested for another internet sex crime. Continue reading

February 22, 2024

How Florida Prosecutors’ Inappropriate Comments to a Jury Led to a Reversed Conviction

by Blake & Dorsten, P.A.

Everyone has the right to be tried by a jury of their peers, and for that trial to be fair. The many protections enshrined in Florida law to protect a criminal defendant’s right to a fair trial exist to ensure justice; in other words, to make certain an accused person doesn’t receive a conviction or a punishment not supported by the evidence. Trials often become unfair when prosecutors overstep the bounds of what they can say to the jury. The potential for prosecutorial overstep is one reason among many why, if you’re on trial, you need a knowledgeable Tampa Bay criminal defense lawyer advocating for you.

A recent drug case from our northeast is a prime example. The accused, A.S., had had multiple run-ins with law enforcement. In 2019, officers in Duval County executed a search warrant on the home where A.S. lived. They found drugs but the state did not charge the man after that search.

In 2020, officers executed another search warrant on the same home. Again, they found drugs. This time, the state charged the man with multiple drug crimes including trafficking in eutylone, which is a type of synthetic bath salt.

January 26, 2024

Aggravated Battery, Self-Defense, and the ‘Forcible-Felony’ Exception in Florida

by Blake & Dorsten, P.A.

Felony battery cases are serious matters. Aggravated battery is a second-degree felony in Florida punishable by up to 15 years in prison and $10,000 in fines. People accused of felony battery crimes are entitled to put on affirmative defenses to overcome criminal liability. These include defenses like self-defense. When putting together a defense strategy, including affirmative defenses, in your felony trial, be sure your rights are protected by retaining representation from an experienced Tampa Bay criminal defense lawyer.

Successfully arguing self-defense can be central to the accused person’s success in a battery case. To achieve that success, the accused needs to ensure that the judge properly instructs the jury about the law of battery and of self-defense.

When those instructions are erroneous, that may affect the accused’s ability to get a fair trial, as a recent battery case from Pinellas County illustrates.

November 21, 2023

Discovery Violations by Prosecutors and Richardson Hearings in Florida

by Blake & Dorsten, P.A.

Many procedural details go into the pretrial, trial, and post-conviction phases of presenting a defense. It is important to have a Tampa Bay criminal defense lawyer who is fully immersed in the knowledge of all of these details, as any one of them may be the key you need to a dismissal, an acquittal, or a reversal of your conviction.

One area where that’s especially true is the rules regarding discovery violations.

As an example of how important a prosecutorial discovery violation can be, we have this recent drug case from Lee County.

October 30, 2023

A Lakeland Man’s Ill-Fated Efforts to Evade the Police and the Disadvantages of Trying to Run/Hide from Law Enforcement

by Blake & Dorsten, P.A.

Occasionally, this blog takes the opportunity to highlight potentially criminal situations where individuals demonstrated “what not to do.” For example, if you’re facing charges or under suspicion, running from the police is an example of what not to do. What you should do instead is get online or grab a phone and get in touch with a knowledgeable Tampa Bay criminal defense lawyer as soon as possible.

This blog also sometimes highlights people who have engaged in distinctly “Florida man/Florida woman” behavior. This blog post involves both. That is, a Florida man and someone illustrating “what not to do” when facing a particular predicament.

Per a Fox 13 Tampa Bay news report, that man was J.Y. from Lakeland, whom Polk County Sheriff’s deputies were seeking concerning possible crimes of aggravated battery, false imprisonment, and tampering. After receiving a tip, deputies traveled to a residence on West 10th Street. At the front of the house, propped in front of a window, was a white dry-erase board bearing a message declaring that J.Y. “does NOT live here!!”

September 22, 2023

When Police in Florida Can — and Can’t — Perform a Warrantless Search of Your Possessions Following an Arrest

by Blake & Dorsten, P.A.

Certain types of alleged crimes — namely, drug and/or weapon charges — frequently arise from evidence that the police seized in a search performed without a warrant. The law generally falls on the side of disallowing warrantless searches, but the law also has many exceptions that the state can use to get items seized without a warrant into evidence. Many times, the key to a successful defense is countering those arguments and persuading the court that no exception applies and that the court should exclude the item(s) in dispute. Having a knowledgeable Tampa Bay criminal defense lawyer on your side can be crucial to doing that successfully.

Sometimes, the police have no justification at all for the search they performed. Oftentimes, though, as a recent weapons case from the Orlando area shows, the issue is whether or not the police exceeded the bounds of what a potentially applicable exception allows.

The accused man from Orange County, J.J., arrived home to find local deputies already there, having arrived to serve an arrest warrant. The suspect had two bags on his body: a backpack on his back and a “fanny pack” on his chest. After the man refused orders to stop and instead went into his garage, the deputies tackled and handcuffed him. After that, they removed both bags, placing the fanny pack on the hood of a car.

June 23, 2023

‘Fruit of the Poisonous Tree’ and Getting Your Statements to Police Thrown Out in a Florida Case

by Blake & Dorsten, P.A.

In a 2001 episode of a highly popular courtroom drama, a criminal suspect is very excited. “Y’all ain’t got no probable cause… That’s poison from the fruit tree!” Garbled wording aside, the suspect was onto something… or he might have been had he not been on parole and subject to warrantless searches. While you may not know all the ins and outs of the “fruit of the poisonous tree” doctrine and its role in suppressing potentially incriminating evidence, your experienced Tampa Bay criminal defense lawyer has an in-depth knowledge of this rule and more, which is why it is so important to obtain the right legal counsel when you are facing charges or are under suspicion.

The “fruit of the poisonous tree” doctrine is an element of the exclusionary rule of evidence. It bars the use of proof that the police obtained via a search, seizure, or interrogation that violated your constitutional rights, such as the right to counsel or the right to be free from unreasonable searches and seizures.

In the recent sex crimes case of one Sarasota County man, the usefulness of the “fruit of the poisonous tree” rule was one the important lessons readers can learn. The other — as often is the case — is: avoid talking to the police without your attorney present.

March 27, 2023

Weapons Crimes and Sentence Enhancements for Repeat Offenders

by Blake & Dorsten, P.A.

Weapons crimes often can come with strict sentencing rules including, in some circumstances, sentence enhancements. If you are facing such a possibility, it is vital to have a skilled Tampa Bay criminal defense lawyer on your side to help you establish that you do not qualify for the enhanced sentence and should not be subject to a longer time behind bars.

Here’s an example from Florida of how these things can unfold. In 2013, federal authorities indicted F.S. for “possession of a firearm by a convicted felon” in violation of 18 U.S.C. § 922(g)(1). Normally, this crime would carry with it a maximum sentence of 10 years.

F.S., however, received a sentence of more than 17-1/2 years, though. How? The federal court determined that a sentence enhancement under the Armed Career Criminal Act (18 USC § 924(e)) applied. That enhancement took F.S.’s crime from something with a maximum of 10 years to something with a minimum of 15 years.