Florida law contains dozens of crimes that punish defendants from pursuing or soliciting sex with minors. Many of these crimes share similar elements. This means that prosecutors can often charge defendants with multiple crimes for the same incident, dramatically increasing their potential sentence. The Double Jeopardy Clause of the Fifth Amendment prohibits criminal defendants from facing multiple charges for the same crime.
Last week, the Florida Supreme Court issued an opinion clarifying the types of firearms convicted felons may possess. Section 790.23 of the Florida Statutes prohibits convicted felons from possessing firearms. However, the law also exempts any firearm manufactured before 1918, or replicas of pre-1918 firearms. Weeks v. State involved a case against a convicted felon who hunted with a .50 caliber muzzle-loaded rifle. Weeks' rifle largely copied a pre-1918 firearm, but used a modern scope.
This month, attorney Bill Sheppard and Bryan DeMaggio succeeded in winning the State v. Ratledge case, where they defended Florida man Randal Ratledge. Ratledge faced 120 years in prison after firing two gun shots into the air, harming no one. In the decision of this case, the Florida Supreme court ruled that judges have the authority to sentence criminal defendants in these types of cases to no more than 20 years in prison.
There are three types of leaving the scene of an accident charges in Florida:
The First District Court of Appeal has issued an opinion in a case in which we represent the Appellant. It states: