Florida Criminal Attorneys Blog

Casey Anthony is facing trial and a potential death penalty sentence for allegedly murdering her daughter Caylee.  Casey has pled not guilty in the murder case of her daughter, whose remains were discovered in a wooded lot in December 2008.  Caylee was 2 years old when she was reported missing in 2008.

Casey is also facing 13 charges for writing approximately $650 in bad checks from a friend's account over a seven-day period in July 2008, during the month period when her daughter was missing.  The disposition of her bad check case could seriously impact her murder trial.  If she is found guilty or pleads guilty in the bad check case, it might affect the defense's strategy in her murder trial.  If Casey is convicted in the bad check case and decides to testify in the murder case, she would be forced to answer "yes" if she is asked if she is a convicted felon.  This might mean that the defense might be more inclined to keep Casey from testifying in the murder case because that answer could make her seem less credible.

The outcome of Anthony's bad check case could also affect sentencing in her murder case.  If there is a death penalty hearing, the prosecution could not introduce the bad check convictions as an "aggravating circumstance" for prior criminal history.  The legislature does not consider theft offenses serious enough to be used by prosecutors arguing for the death penalty.

However, if the defense in a death penalty hearing tries to introduce the "mitigating circumstance" of "no significant history of criminal activity," Anthony's bad check convictions could likely be revealed.  The disposition of Casey's bad check case could have a serious impact on the defense strategy and disposition in her murder trial.