Exploring Legal Horizons

Every person convicted of a crime in Florida has a constitutional right to appeal the final judgment and sentence.  Florida’s appellate courts consist of six district courts of appeal and the Florida Supreme Court. The Florida Supreme Court is a court of limited jurisdiction and, as a result, the overwhelming majority of criminal appeals are litigated in the district courts of appeal, which are divided geographically across Florida.  The First District Court of Appeal handles criminal appeals from the Florida panhandle, including Tallahassee.  The Second District Court of Appeal hears...

If you or a loved one is a victim of stalking or if you have been accused of stalking someone and injunction has been filed against you, this article provides a brief overview of stalking and cyberstalking injunctions.  Stalking is defined as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional...

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,...