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Articles Posted in Criminal Defense

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What the Rittenhouse Case in Wisconsin Can Teach Floridians About Affirmative Defenses, Burdens of Proof, and Criminal Trials in This State

Many people across the country were riveted these past few weeks by the homicide trial in Kenosha, Wisconsin. Many people were happy with the outcome; many more were profoundly disappointed. Regardless of one’s feelings about the trial’s result, there are certain things that we can all learn from the trial…

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What to Do When the State Has Overcharged You in Your Florida Criminal Case

Putting up “the best possible defense” can mean different things in different cases. Sometimes, it’s about establishing your complete and total innocence. Other times, it is about demonstrating that, even if you did something wrong, the prosecution has advanced charges that do not fit the facts. Whatever form your “best…

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Lessons to Take Away from the Court Ruling that Overturned Bill Cosby’s Criminal Conviction

Public perception of the criminal justice system can be skewed. People follow cases on TV or the internet, they form opinions, then they want the “bad guy” punished. They often don’t care about the finer points of proper criminal procedure… right until they are the person facing a potential criminal…

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A Woman Accused of Aggravated Battery Wins Her Appeals Court Case Based on Florida’s ‘Stand Your Ground’ Law

Florida’s “Stand Your Ground” law has been the subject of much commentary from TV talking heads, internet bloggers, and other “armchair attorneys.” Regardless of what one might think about the wisdom of the law, the fact remains that this law may, in the hands of a skillful Tampa Bay criminal…

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How Evidence of the Other Driver’s Drunkenness Might Help You in Your DUI Homicide Case in Florida

The Sixth Amendment to the U.S. Constitution contains within it many basic rights for people who are on trial for alleged crimes. This is the Amendment from which the accused derives his right to present a defense at trial. That right to present a defense is very broad and significantly…

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How to Respond When the Prosecution Makes a Last-Minute Change in the Charges or Witnesses Against You in Your Florida Trial

Many people have heard about the protections the Constitution provides for people standing trial for alleged crimes. These include the right to a jury trial, the right to counsel and the right confront witnesses, among others. All of these are based on a more fundamental foundation of the American criminal…

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CCTV Footage: A Silent Witness against Criminal Defense

Currently, CCTV cameras are almost everywhere on the highways, in railway stations, bus stations, hotels, resorts, and residential buildings to keep crime at bay. Closed-circuit television (CCTV) cameras are commonly used in public places all over the globe. CCTV video has been used by law enforcement authorities to solve crimes…

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‘Alexa, Can I Use Records from an Amazon Device to Help Me Win My Florida Criminal Case?’

The world is constantly evolving, meaning that the law is evolving. New technologies may mean new avenues for obtaining the evidence you need to prove your innocence in a criminal trial. Getting that evidence, though, requires knowing how to engage in the legal processes properly and in a timely way.…

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How to Attack the Search Warrant in Your Florida Criminal Case — and Win

One of the biggest things you can do to strengthen your defense position in a criminal case is to find ways to get the state’s evidence that was obtained from a search warrant thrown out. This evidence will probably be critical to the state’s case, so if you can get…

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How Evidence of Your Accuser’s Biases May Greatly Strengthen Your Defense in a Florida Criminal Case

When you’ve been accused of a crime, there are several things that can potentially make the prosecution’s case much weaker and your defense position much stronger. One of those is compelling evidence that the alleged victim or another of the state’s key witnesses has a very real reason to lie…

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