St. Petersburg Criminal Lawyer Blog

Florida Court Vacates DUI Conviction on the Grounds it Violates Double Jeopardy

July 2, 2022 | by Hanlon Law, PA

The United States Constitution protects criminal defendants from unjust outcomes. For example, the Fifth Amendment prohibits a person from being prosecuted twice for substantially the same crime. In spite of the protections offered by the double jeopardy clause of the Fifth Amendment, it is not uncommon for a criminal defendant to be convicted for multiple variants of the same offense. In such instances, one of the convictions should be vacated, as demonstrated in a recent Florida opinion issued in a DUI case. If you are charged with a DUI offense, it is in your best interest to speak with a St. Petersburg DUI defense attorney about your rights.

The Factual and Procedural History of the Case

It is alleged that, in 2014, the defendant drove his truck through a red light and collided with a man driving a scooter. The man suffered critical bodily harm in the crash. The defendant left the scene of the accident but was later found by the police at his apartment. When the police spoke with the defendant, they noticed he demonstrated signs that he was impaired by alcohol.

It is reported that a breath test indicated that the defendant’s BAC exceeded the legal limit, and a urine test was positive for cocaine. The defendant was charged with numerous DUI offenses. The case proceeded to trial, and the defendant was found guilty as charged. He subsequently appealed his convictions for DUI causing damage to a person and DUI causing serious bodily injury on the grounds they violated double jeopardy. Continue Reading ›

Supreme Court Discusses Criminal Convictions in the Context of the Career Criminal Act

June 8, 2022 | by Hanlon Law, PA

Generally, people who are considered career criminals face greater penalties than those with no criminal history. As such, if a person who has multiple prior convictions is found guilty of another offense, they may be subject to sentencing enhancements. While generally, crimes are discrete acts, a person can be charged with numerous offenses for one criminal enterprise. Crimes committed from a single criminal episode do not trigger the Armed Career Criminal Act (the Act) for sentencing purposes, though, as recently explained by the United States Supreme Court in a case in which the defendant had ten prior robbery convictions stemming from a single incident. If you are charged with robbery or any other violent crime, it is prudent to meet with a St. Petersburg violent crime defense attorney to assess your options.

Background of the Case

It is alleged that the defendant broke into a storage facility in 1997 and stole from ten separate units. He was subsequently charged with and convicted of ten counts of burglary. In 2014, a police officer entered the defendant’s home and observed the defendant with a rifle in his possession. He was then charged with being a felon in possession of a firearm in violation of federal law. The defendant was found guilty and determined to be an armed career criminal under the Act, due to his ten prior robbery convictions. He was sentenced to 15 years in prison, after which he appealed. The appellate court affirmed his sentence, and he filed a writ of certiorari.

Criminal Convictions in the Context of the Career Criminal Act

The issue the Supreme Court addressed was whether crimes that are committed sequentially as part of a single event occur on different occasions for purposes of imposing a sentence enhancement under the Act. The Court ruled that they did not, and reversed the lower court ruling. Continue Reading ›

Florida Court Discusses Establishing Intent in Battery Cases

May 25, 2022 | by Hanlon Law, PA

In Florida, many battery crimes include an element of intent. As such, the state must prove that a person possessed a certain state of mind in order to establish their guilt for a specific crime. Recently, a Florida court discussed what evidence the state must produce to demonstrate intent with regard to battery by strangulation in a case in which the defendant argued there was insufficient evidence to sustain his conviction. If you are charged with battery or any other violent crime, it is advisable to meet with a St. Petersburg violent crime defense attorney to discuss your possible defenses.

The Facts of the Case

It is alleged that the defendant and the victim, the defendant’s girlfriend at the time, were involved in an argument. The disagreement became physical, and the defendant picked up the victim by her neck, impairing her ability to breathe. The following day the victim called the police and reported the incident.

It is reported that the defendant was charged with battery by strangulation. He moved for acquittal, but the jury convicted him as charged. He appealed, arguing that the state failed to demonstrate he possessed an intent to impede the victim’s breathing as required to establish guilt. The appellate court disagreed and affirmed his conviction. Continue Reading ›

Criminal Attorney in St. Petersburg, FL: Protecting Your Legal Rights

May 24, 2022 | by Hanlon Law, PA

If you have been arrested, you have the right to remain silent. You also have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. You must exercise these rights as soon as possible. Do not answer any questions or make any statements until you have spoken with an attorney.

A criminal attorney is a lawyer who specializes in defending people who have been accused of committing crimes. Criminal attorneys work to protect their clients’ rights, and they may also investigate the case to look for possible defenses. In some cases, a criminal attorney may negotiate with prosecutors to get charges reduced or dismissed. If you have been accused of a crime, it is important to seek legal help as soon as possible so that your rights can be protected. A criminal attorney can explain the charges against you and help you understand your options. If you face serious charges, it’s imperative that you hire an experienced criminal defense lawyer.

You should keep in mind a few things when choosing a criminal defense lawyer. You want to choose a lawyer who has experience handling cases like yours. Criminal defense lawyers typically specialize in either felonies or misdemeanors. If you have been charged with a felony, you will want to hire a lawyer who has experience handling those types of cases. You also want to choose a lawyer who has a good reputation. Ask around or look online for reviews of potential criminal lawyers. It is important to choose a criminal lawyer who you feel comfortable communicating with. This is someone you will be sharing sensitive information with, so it is important that you feel like you can trust them.

Experienced Criminal Defense Attorneys Providing Reliable Legal Representation

May 17, 2022 | by Hanlon Law, PA

If you are looking for an experienced and reliable criminal defense attorney in St. Petersburg, FL, you have come to the right law firm. Hanlon Law has over 20 years of experience representing St. Petersburg clients in various criminal cases. We are dedicated to providing our clients with reliable legal representation every step of the way. We understand that this is a difficult time for you, and we will do everything we can to help you get through this ordeal as smooth as possible.

What to do if you are arrested in St. Petersburg, FL

If you are arrested in St. Petersburg, FL, the first thing you should do is contact a criminal defense attorney who can help protect your rights and ensure that you have a fair trial. Our criminal defense attorneys are experienced in handling all aspects of a criminal case, from pre-trial to appeal. They will work with you to develop a legal strategy tailored to your specific situation and needs. It is always best to have an experienced criminal defense attorney on your side who can give you the individualized attention and care that your case deserves.

Criminal Lawyer Tips: How to Protect Yourself If You Are Arrested

May 16, 2022 | by Hanlon Law, PA

Like most people, you probably don’t know what to do if you are arrested. You may feel confused and scared, not knowing where to turn for help. That is why it is important to have a St. Petersburg criminal lawyer on your side. A criminal lawyer will be able to guide you through the process and protect your rights. In this blog post, we will discuss some things that a St. Petersburg criminal lawyer can do for you.

What to do if you are pulled over by the police?

If you are pulled over by the police, the best thing to do is stay calm and be polite. Keep your hands where the officer can see them, and don’t make any sudden movements. If you are asked to step out of the car, do so slowly and carefully. Don’t say anything that could be used against you later on. Remember, anything you say can and will be used against you in a court of law. It’s also important to know your rights. You have the right to remain silent, and you have the right to an attorney. If you are arrested, exercise those rights immediately. Don’t try to talk your way out of it or argue with the officers. The sooner you ask for a lawyer, the better.

The Importance of Hiring a Criminal Defense Attorney in St. Petersburg, FL

May 13, 2022 | by Hanlon Law, PA

It is important to have an experienced criminal defense attorney in St. Petersburg, FL, on your side when you are arrested. The decisions made during the early stages of your case can have a significant impact on the outcome. You need someone who understands Florida law and knows how to defend your legal rights.

What to look for when choosing a criminal defense attorney in St. Petersburg, FL

When choosing a criminal defense attorney in St. Petersburg, FL, you want to look for someone with experience handling the type of case you have. You also want to find an attorney familiar with the local Florida court system and who has a good reputation. Additionally, you should ensure that your attorney is licensed to practice law in Florida and is in good standing with the state bar association. Finally, you will want to schedule a consultation with the attorney to discuss your case and get a feel for their personality and how they would handle your case. Criminal cases can be stressful, so it’s important that you choose a criminal defense attorney who you are comfortable with and who you feel confident will get the best results for you.

How to Choose the Right Criminal Attorney In St. Petersburg, FL

May 12, 2022 | by Hanlon Law, PA

When you need a criminal attorney in St. Petersburg, FL, it is essential to do your research and find the right criminal attorney that meets your needs. Not all attorneys are created equal, and you want to make sure that you have a criminal attorney who is knowledgeable about Florida law and has experience handling your type of criminal case. Will Hanlon of Hanlon Law has represented defendants in state and federal courts for over two decades and has the legal knowledge and the courtroom skills to aggressively defend the rights of people who have been accused of a wide range of offenses under Florida and federal laws.

What to look for when choosing a criminal attorney

When you are charged with a crime, it is important to have an experienced and knowledgeable criminal defense attorney on your side. But how do you choose the right one? Here are some things to look for:

Hire A Criminal Defense Lawyer in St. Petersburg, FL To Protect Your Rights

May 11, 2022 | by Hanlon Law, PA

If you have been arrested or charged with a crime, it is important to hire an experienced criminal defense lawyer in St. Petersburg, FL, right away. Criminal charges can result in severe penalties, including jail time and fines. A skilled criminal defense attorney can help protect your rights and fight for the best possible outcome for your case.

If you’re ever arrested, it’s important to have a criminal defense lawyer to protect your rights.

Police are trained to get information from you, and they may use force or threats to get you to talk. If you’re ever arrested, it’s important to have a criminal defense lawyer to protect your rights. A lawyer can help you understand the charges against you and your options for defending yourself. They can also negotiate with the prosecutor on your behalf and ensure that you’re treated fairly by the justice system. Do not risk your future! Always hire a criminal defense lawyer if you have been arrested or charged with a crime.

Florida Court Discusses Grounds for Compassionate Release of Inmates

April 18, 2022 | by Hanlon Law, PA

COVID-19 ravaged prisons throughout Florida and the country, ultimately costing many people their lives. In light of that fact, the Florida courts have granted some inmates compassionate release. The mere fact that a person may contract COVID-19 is not adequate grounds for granting such relief, though, as discussed in a recent opinion issued by a Florida court. If you have questions regarding compassionate release or your rights as a criminal defendant, it is in your best interest to speak to a St. Petersburg criminal defense attorney as soon as possible.

Procedural History of the Case

It is alleged that the defendant was indicted for multiple counts of fraud and receiving healthcare kickbacks in violation of federal law. She entered into a plea agreement for one of the counts and was sentenced to eighteen months in prison, followed by three years of supervised release. She began serving her sentence in October 2021 after delaying her surrender date on multiple occasions. She then moved for compassionate release due to the risk of contracting COVID-19 during her incarceration. The government filed a response in opposition to her motion. The court ultimately denied her request.

Grounds for Granting Compassionate Release

While the court noted that the defendant exhausted her administrative remedies as required to seek such relief, it nonetheless found that compassionate release was not warranted for numerous reasons. First, the defendant had not shown that there were compelling and extraordinary reasons supporting her request. Continue Reading ›