Daytona Beach Criminal Lawyer Blog

4 Steps to Take After a Drunk Driving Arrest

September 3, 2021 | Genine Ann Mejia

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 experienced defense attorneys are available to help clear the air. Help yourself and your Daytona DUI defense by taking these 4 steps if you are ever arrested for driving under the influence.

Your Driving Privileges Have a Time Limit

After a DUI arrest, your Florida driver’s license will likely be seized by law enforcement. However, the citation issued to you for your offense acts as a temporary driving permit for 10 days. When those 10 days conclude, so too will your ability to drive legally in Florida. It is possible within that window of time to preserve your driving privileges by applying for a hardship license. Taking on this process alone can add more stress to a difficult situation, but defense attorneys in Daytona Beach are able to help.

Florida Court Discusses Restitution in Child Pornography Cases

August 30, 2021 | Genine Ann Mejia

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 which the defendant appealed a restitution award of $10,000 to the victim. If you are accused of child pornography or any other crime, it is advisable to talk to an assertive Florida criminal defense attorney to assess your possible defenses.

Facts of the Case

It is reported that the defendant was convicted of possession of child pornography. Following his conviction, he was ordered to pay $10,000 in restitution to the victim of his crime. He appealed, arguing that the amount of restitution did not accurately reflect his role in the victim’s harm, and asked the court to grant him a new hearing on the restitution award. On appeal, the appellate court declined to grant the defendant’s request, affirming the lower court’s award.

Restitution in Child Pornography Cases

An appellate court will review the amount of restitution awarded in a child pornography case for an abuse of discretion. The appellate court explained that a district court would abuse its discretion by applying an improper legal standard, making clearly erroneous findings of fact, or following incorrect procedures. An appellate court will give deference to a lower court’s determination that the relevant factors, when taken as a whole, justify a restitution award, however, and will not vacate an award unless it is clear that the trial court committed an error in judgment.

Florida Court Explains the Waiver of the Right to Counsel

August 25, 2021 | Genine Ann Mejia

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 a drug offense will waive that right and choose to proceed to trial without an attorney. A court must engage in certain inquiries to ensure a waiver of Sixth Amendment rights is knowing and willing; however, otherwise, it may be unconstitutional.

The standards for reviewing a criminal defendant’s request to proceed without an attorney were explained in a recent Florida opinion, in which the defendant was charged with drug conspiracy crimes. If you are faced with charges of drug offenses, it is in your best interest to consult an experienced Florida criminal defense attorney to evaluate your options.

The Defendant’s Trial

It is reported that the defendant was charged with conspiracy to possess narcotics with the intent to distribute them, possessing narcotics with the intent to distribute, and other drug offenses. He stated he would proceed without the representation of counsel at trial and was subsequently convicted as charged. He then appealed on several grounds, including the argument that his waiver of the right to counsel was not voluntary or knowing. Upon review, the court rejected his argument and affirmed his conviction. Continue reading ›

Florida Court Discusses Admission of Evidence of Other Crimes

August 20, 2021 | Genine Ann Mejia

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 a wrongful act was the topic of a recent Florida opinion in a case in which a defendant charged with possession of child pornography objected to the introduction of evidence he possessed child erotica. If you are accused of possession of child pornography, it is prudent to speak to a knowledgeable Florida criminal defense attorney regarding your rights.

The Evidence and Charges

It is reported that in 2018 the police conducted an undercover investigation of a file-sharing network that was used to distribute child pornography and found a computer that linked to the network. An IP address linked the computer to the defendant’s home. The police obtained a search warrant and found the computer, after which they read the defendant his Miranda rights and conducted an interview.

Allegedly, the defendant admitted to using the computer and the file-sharing network to obtain child pornography from a site in Russia. The police found images of child erotica and child pornography on the computer, after which the defendant was charged with three child pornography crimes. During the trial, the prosecution admitted the child erotica images into evidence over the defendant’s objection. The defendant was convicted, after which he appealed.

Florida Court Discusses Hearsay Evidence in Child Pornography Cases

August 10, 2021 | Genine Ann Mejia

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 demonstrated in a recent Florida ruling in a case in which the defendant was convicted of numerous counts of possession of child pornography. If you are accused of possessing child pornography or any other crime, it is advisable to speak to a seasoned Florida criminal defense attorney to assess your rights.

The Defendant’s Trial

It is reported that the defendant was arrested and charged with three hundred counts of possessing child pornography. His arrest arose out of evidence obtained from his home computer via a search warrant. At his trial, the digital forensic technician that examined his device explained that hash values are used to identify pornographic images of children that are contained in a national database. Using this technology, three hundred pornographic images of children were identified on the defendant’s computer.

Allegedly, the digital forensic technician testified that he was able to identify most of the images as child pornography without reference to the hash values assigned to them but noted that in one image, he could not tell if the individual depicted was a child. Nonetheless, the State relied on his conclusion that a hash value assigned to the image designated it as child pornography in charging the defendant. The defendant was convicted on all three hundred counts, after which he appealed, arguing that his conviction was based on a hearsay statement that the image in question constituted pornography. Continue reading ›

Court Discusses Verdict Charges in Florida Battery Cases

August 5, 2021 | Genine Ann Mejia

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 to evaluate the evidence presented at trial. This was discussed in a recent Florida ruling in which the court evaluated what constitutes a proper jury instruction in a battery case. If you are charged with a battery crime, it is smart to talk to a trusted Florida criminal defense attorney to discuss your potential rights.

The Alleged Acts of Battery

It is reported that the defendant got in a verbal altercation with the victim, who was his ex-girlfriend. The fight became physical, and the defendant flicked a lit cigarette at the victim, shoved her, and pushed her throughout the course of the argument. He was charged with battery with two or more battery convictions. During the trial, the defendant’s counsel objected to the verdict form because it did not distinguish between each act and he stated that it did not require a unanimous verdict. The court overruled the objection, finding that there was a continuous chain of events with no intervening actions. The defendant was convicted, after which he appealed.

Verdict Charges in Florida Battery Cases

On appeal, the court explained that a trial court’s use of a general verdict form that does not ensure a unanimous verdict is a reversible error. Where a single count embraces multiple separate offenses, even if they all violate the same statute, a jury cannot convict a defendant unless its verdict is unanimous as to a minimum of one of the acts specified. In the subject case, the defendant argued that the trial court erred in allowing the jury to deliberate on three separate acts of battery when he was only charged with one offense.

Florida Court Explains Requirements for Seeking Compassionate Release

July 31, 2021 | Genine Ann Mejia

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. In a recent Florida opinion in a case in which the defendant was serving a sentence for a child pornography conviction, the court explained the grounds for granting compassionate release. If you need assistance with a criminal matter, it is in your best interest to speak to a knowledgeable Florida criminal defense attorney as soon as possible.

The Procedural History

It is reported that the defendant was charged with and pleaded guilty to possessing child pornography. He was sentenced to 180 months in prison in 2010. In May of 2020, he sought compassionate release, but his request was denied due to his failure to exhaust his administrative remedies. He then filed a second request, based on the fact that he suffered a COVID-19 infection and had asthma and probable lung damage. The court denied his motion, finding that once again, he failed to exhaust his administrative remedies.

Requests for Compassionate Release

The court explained that a court’s authority to modify a prison sentence is significantly limited by statute. Specifically, 18 U.S.C. 3582(c) enumerates the reasons a district court can modify or reduce a prison term once it has been imposed. The court explained that the only portion of the statute that applied in the subject case was the provision that allows a court to reduce a sentence when there is a compelling and extraordinary reason to do so. Continue reading ›

Understanding Search Warrants with Your Top Deland Criminal Defense Attorney

July 28, 2021 | Genine Ann Mejia

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 invalid search is typically inadmissible in court. Continue reading to learn more about your rights regarding search warrants and know when to reach out to your leading Volusia County criminal defense attorney, Genine Mejia.

Legality of Search Warrants Defined by the Constitution

A mere hunch is not enough for law enforcement to legally enter your home. Police must first create an affidavit, which is a sworn statement that lays out all the information they have obtained from informants or private citizens, then present it to a judge for approval. If this affidavit establishes a probable cause for the alleged crime and convinces the judge that evidence can be found in a certain location, then the judge will issue a search warrant. If done correctly, then this search warrant allows law enforcement to legally enter your personal property and search for evidence.

Florida Court Discusses Calculation of Prior Offender Scores

July 26, 2021 | Genine Ann Mejia

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 jail sentences. In a recent ruling, a Florida court discussed how prior record points are calculated for crimes that are not categorized by degree in a case in which the defendant argued his prior convictions for battery and other offenses were improperly assessed. If you are charged with battery or another crime, it is in your best interest to meet with a trusted Florida criminal defense lawyer to determine your options.

The Defendant’s Convictions and Sentence

It is reported that the defendant was charged with and convicted of three counts of battery and one count of kidnapping. He was sentenced to life imprisonment, and the sentence was affirmed by the trial court. In July 2020, he filed a motion arguing that the sentence of life imprisonment on the kidnapping charge was improper. Specifically, he asserted that his sentencing guideline scoresheet was improper because his prior convictions were from 1973, when Florida’s statutes for his prior convictions, which included battery, were not classified by degrees. Further, he stated that because the degrees of the offenses were ambiguous, pursuant to the applicable law, they should have been scored as third-degree felonies. The court denied his motion, and the defendant appealed.

Calculating Prior Offense Scores

On appeal, the court noted that Florida began classifying felony crimes by degrees in 1972. Further, the court explained that when a prior offense is not classified by degree, it is appropriate to score it by reference to the current, similar statute. Based on the foregoing, the court found that there was no miscalculation on the defendant’s scoresheet. Further, even if the scoresheet was recalculated, resulting in a range below life imprisonment, the sentencing court could have put in place the same sentence regardless, based on the defendant’s escalating pattern of criminal behavior. Continue reading ›

Florida Court Discusses Intent in Child Pornography Crimes

July 21, 2021 | Genine Ann Mejia

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. In a recent Florida ruling, a court described what evidence is sufficient to demonstrate that a defendant charged with distributing child pornography knew or should have known he was committing a crime. If you are charged with a child pornography offense, it is prudent to meet with a skillful Florida criminal defense lawyer to discuss your potential defenses.

The Defendant’s Charges

It is alleged that a detective involved in investigating child pornography used a computer to communicate with the defendant’s computer. The defendant’s computer had a peer-to-peer file-sharing program that allowed parties to share torrents. When the defendant’s computer was running, it indicated that it had child pornography, and the detective was able to download two videos that contained child pornography from the defendant’s computer on two occasions.

Reportedly, the defendant was charged with the transmission of child pornography by an electronic device. He moved for an acquittal, arguing that the prosecution could not prove that he knowingly transmitted pornography. Following the trial, he was sentenced to eleven months in jail, followed by three years of probation. He appealed his conviction, arguing that the trial court erred in denying his motion for acquittal. Continue reading ›