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Posts tagged "criminal lawyer"

Stand Your Ground, Justifiable Use of Force Requires Force

In criminal cases alleging the use of force a defendant may seek immunity from prosecution. Today, this is called Stand Your Ground, but it has always been true that self-defense is a viable defense to any use of force case. A person seeking immunity has the burden to put forth evidence that the use of force alleged was reasonable against another's imminent use of unlawful force.

Traffic Ticket Defense in a Single Vehicle Crash

Traffic tickets are issued for single vehicle or car crashes. A person ticketed for careless driving, failing to maintain a lane, or any other traffic citation charge brought as a result of a crash involving only one vehicle should always chose to take the infraction to court. In that instance the person cited received the ticket because there was an accident and for no other reason.

In a criminal case: Deferred Prosecution v. Deferred Adjudication.

In criminal defense a common question is whether a deferred prosecution and a deferred adjudication mean the same or are different. Jurisdictions use different language for similar or even the same legal concepts. This can make legalese confusing for those new to the criminal justice system or the geography.

The Right to Travel Defense in Criminal & Traffic cases

In criminal defense and traffic defense much is made about the initial seizure or traffic stop. This is because if you fight the traffic stop and win, evidence is excluded which can lead to the entire case being dismissed. In regards to fighting a traffic stop, some people argue that there is a fundamental right to travel which is a defense to whatever violation of the traffic law that led to the seizure or the accusation itself. Essentially, the argument is that the fundamental constitutional right to travel invalidates whatever statute, law, rule or regulation the government is attempting to enforce or even the court's jurisdiction. In court, unrepresented defendants can be heard to argue things such as:

Seal or Expunge - Florida Criminal History or Records

In Florida, a person can seal or expunge criminal records but only once in a lifetime and only if the charge(s) qualifies. Not all charges can be sealed or expunged. The Petition to Expunge or Seal must be filed in the county where the case originated. In Florida, expunging a case or sealing an arrest or case are different things.

Florida Criminal Marijuana after Constitutional Amendment

Recently, Floridians voted over 71 percent in favor of medical marijuana for patients with certain conditions. However, legalizing medical marijuana in Florida does not change the penalties for the illegal use. Sale, cultivation and distribution are still crimes if not done pursuant to the new medical marijuana constitutional amendment. Very few companies are authorized to grow and dispense medical marijuana.

Criminal & Traffic - Mistakes on Citations or Reports

In criminal and traffic defense a common complaint from an accused individual or their family is that the arrest affidavit, arrest report, accident report or citation contains one or more errors. For example, if there is a DUI accusation with a child in the car but the officer marks on the DUI citation that there were no passengers under the age of 18 or marking "no injury" on a traffic ticket in a case involving a near fatality. (actual examples). The ugly truth is that the police, deputies and troopers filling out these documents are people too and they make mistakes.  Unfotunately, typographical or similar errors will usually not lead to a case being dismissed.

Clearing Traffic Suspensions

Part of the traffic ticket practice is clearing suspensions in the best possible way. Common reasons for suspensions are for failing to address the citation within thirty (30) days, failing to pay, failing to complete traffic school, failing to appear in Court in a criminal case, warrants, child support etc. Of course there are many other reasons a driver's license can be suspended and each case is unique.

Violation of Probation - First Time Observation

Recently, for the first time in this firm's history of defending violations of probation, a violation of probation report or affidavit included a speeding ticket as an alleged new law or substantive violation. Then, the judge then issued a warrant with no bond, presumably after reading this report or affidavit of violation of probation. They call it criminal defense practice for a reason, everday there is something new. I've been involved in the system since 2001 and this was a new one on me.

Passenger in a vehicle can be seized

Recently the 5th District Court of Appeal held that a passenger of a vehicle is lawfully seized and not free to leave a traffic stop. Therefore, if evidence of a crime is found, it can be used against the passenger.  A large amount of drug possession cases and other criminal cases start with a traffic stop and subsequent search of passengers.

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