Published September 8, 2026. Yes — even when your trial lawyer never objected. The usual rule is that an unobjected-to error is waived on appeal. The exception is “fundamental error”: an error so serious that “a verdict of guilty could not have been obtained without” it. On September 4, 2026, the Second District Court of…
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In Florida, a “hate crime” is a penalty enhancement added to another charge. It is not a separate offense. Under section 775.085, Florida Statutes, any misdemeanor or felony moves up one degree if the State proves the defendant intentionally selected the victim because of race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status,…
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Rewrite/update date: October 13, 2026. Originally published in April 2025. A prison releasee reoffender (PRR) in Florida is a person who commits or attempts a violent or burglary-type felony listed in section 775.082(9), Florida Statutes, within three years after release from a prison sentence. If the State Attorney seeks the designation and proves it, the…
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Rewrite/update date: October 13, 2026. Originally published in December 2025. Your lawyer must object at trial in Florida because an appeals court can reverse a conviction only for a prejudicial error that was preserved in the trial court or that rises to fundamental error. Under section 924.051, Florida Statutes, an issue is preserved only when…
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Rewrite/update date: October 13, 2026 Florida sex offender probation rules come mainly from section 948.30, Florida Statutes, and apply automatically to listed sex offenses even if the judge never reads them aloud. Every covered probationer faces a 10 p.m. to 6 a.m. curfew, sex offender treatment, and warrantless searches of person, home, and vehicle, and…
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Rewrite/update date: October 13, 2026 To fight a probation violation in Florida, make the State prove a willful and substantial violation by the greater weight of the evidence, with at least some evidence that is not hearsay. A probation officer reading from an arrest affidavit is not enough. In October 2026, Florida’s Fifth District Court…
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Rewrite/update date: October 13, 2026 A downward departure in Florida is a sentence below the lowest permissible sentence on the Criminal Punishment Code scoresheet. To get one, the defense must prove a valid mitigating circumstance by a preponderance of the evidence, and the judge must then decide that a departure is the right sentence. The…
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The Bottom Line A mitigation report is a comprehensive, evidence-based profile of the whole person behind the charge – background, trauma, mental health, character, and the steps taken toward treatment – that gives prosecutors and judges a reason to reduce charges or sentence below the guidelines. The Brancato Law Firm includes a full mitigation report,…
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Florida’s 10-20-Life law, codified at Florida Statute § 775.087, imposes three mandatory minimum prison sentences when a firearm is used during certain enumerated felonies: 10 years for possessing or displaying a firearm, 20 years for discharging it, and 25 years to life if the discharge causes great bodily harm or death. There is no parole,…
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Key Takeaway: Florida requires anyone convicted of a qualifying sex offense to register as a sexual offender under §943.0435. Registration is lifelong, and the requirements are strict — you must report your address, employment, vehicles, email addresses, and internet accounts. Failure to register or update your information is a third-degree felony. However, incorrect designations can…
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