Daytona Beach Criminal Lawyer Blog

After getting pulled over and arrested by law enforcement for driving under the influence, you may find yourself asking what comes next. The terrifying truth is that being convicted of driving under the influence can have consequences on your record and ability to drive. It’s easy to get lost in a haze of questions, but…

In many instances in which a person is convicted of a crime, the court will not only sentence the person to a prison term but will also order the person to pay restitution. What constitutes reasonable restitution is often disputed between the parties. This was demonstrated in a recent child pornography case in Florida in…

Generally, a person charged with a drug crime will realize the severity of the consequences of a potential conviction and will seek representation from a competent attorney. Additionally, criminal defendants have a right to representation by counsel under the Sixth Amendment of the United States Constitution. In some instances, though, a person accused of committing…

When people are charged with possessing or distributing child pornography, it is because an investigation revealed pornography in their possession. In most instances, the State cannot introduce evidence of wrongful acts to support the assertion that a person committed a crime, but in some circumstances, such evidence is admissible. The grounds for admitting evidence of…

In many criminal cases, the State will lack direct evidence that a defendant committed a crime and will rely on circumstantial evidence to demonstrate the defendant’s guilt. While circumstantial evidence is generally permissible, hearsay evidence is typically not. As such, if a conviction is based on hearsay evidence, it may constitute grounds for reversal, as…

Battery is a unique crime in that multiple acts may be considered a single criminal offense, or each act may be charged separately. Regardless of how battery crimes are charged, however, the State must prove each element of the offense to obtain a conviction, which requires that the jury be properly advised as to how…

The COVID-19 pandemic has impacted seemingly every aspect of society, including those who are currently incarcerated. In some cases, the pandemic serves as grounds for granting incarcerated individuals compassionate release. The courts do not readily grant compassionate release requests, however, and there are certain measures a party must take before a request is even considered.…

The Fourth Amendment of the U.S. Constitution protects citizens from unlawful searches and seizures of personal property. However, by establishing probable cause of your crime, search warrants give law enforcement permission to legally overstep these boundaries. Understanding the execution of search warrants can prove to be vital to your defense because evidence obtained during an…

Battery is a serious charge, and a conviction for a battery offense can lead to significant penalties. Additionally, if a person with a battery conviction is later found guilty of committing another offense, it can lead to increased penalties. Generally, crimes are categorized by degrees, and convictions for more serious crimes can result in lengthy…

Many criminal statutes include an element of intent. In other words, the prosecution must prove that the defendant possessed the mental state needed to commit the crime to obtain a conviction. In child pornography cases that involve the use of technology and sharing of files, however, the prosecution may not be able to establish intent.…