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My Loved One Entered a Plea and Received a Harsh Sentence—What Can I Do?
When the prosecution and the defense cannot agree upon a sentence, a person charged with a crime may enter a plea to the court with no dispositional understanding-an open plea-in the hope that the judge will provide a better sentence than the State has offered. An open plea means that the judge can sentence someone to the statutory maximum. For example, if your loved one pled guilty or no contest to a third-degree felony, the court can sentence them up to five years in prison. After an open plea is entered, the court will conduct a sentencing hearing where both sides will present evidence,...
UPDATE-RECORDING CONVERSATIONS CAN BE ILLEGAL
Have you ever had a client come to you with the idea of secretly recording a conversation? Or worse yet, a client brings you a tape they surreptitiously made? This issue is especially relevant because the new smart phones, specifically iPhones, have a new feature that enables a user to record a telephone conversation. Generally, it is illegal in Florida for one party to records a conversation with another party if the other party did not consent to it and the recording is made where there is an expectation of privacy. Fl.St. § 934.01(4). The purpose of this article is to familiarize...
Vehicular Homicide in Florida
If someone is involved in an accident and another motorist dies, there are usually civil consequences, but when is the line crossed and the matter becomes criminal? In Florida, vehicular homicide is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Florida Statutes § 782.071. Vehicular homicide in Florida is a second-degree felony, punishable by up to fifteen years in prison, 120 hours of community service at...