Attorney Christian A. Straile, LLC
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Posts tagged "firearm lawyer"

Settling Criminal Cases - Open Plea & the Mercy of the Court

In criminal cases, it is not uncommon for people to call the office after their current lawyer has failed to reach an acceptable agreement with the prosecutors or the caller does not like the offer received. Sometimes, the unfortunate circumstance of the case is that the prosecutor will not make a deal. Sometimes just having a lawyer who answers to the Defendant for their paycheck instead of the government makes a big difference to the Defendant. Sometimes there are things that can be done to present the case in a better light.

Criminal Self-Defense Immunity a.k.a. Stand Your Ground

Self Defense has been an available affirmative defense to criminal cases since the dawn of society. Florida also has long acknowledged the fundamental right to use force in defense of self or others. The essential elements of self-defense have stayed about the same. A person may use deadly force when it is reasonably necessary to prevent imminent death or great bodily harm to the person or to another person. The procedure and burden of proof required to make a self-defense argument has changed.

Instructive Constructive Possession Florida Case

Constructive possession means other than physical possession. In the world of criminal defense this usually means drugs or narcotics, firearms or other contraband are found but, not in the pocket or in the bra of the defendant. Constructive possession is an important concept for cases involving possession of a firearm by a convicted felon or a concealed firearm or weapon without a license.  For example, you possess that television on your wall, you can move it, throw it away, and beat it with a baseball bat because you control it. However, no one carries around their flat screen in their back pocket.

Openly Carrying Firearms Still a Crime in Florida

Whether "keep and bear" arms means to openly carry or carry at all has been debated. However, it is a criminal offense to open carry in Florida. As with most things in the law, there are exceptions. For example, if a person is engaged in or going to or from hunting, fishing, camping or on a target range, that person can openly carry. These exceptions are affirmative defenses. There is also the obvious cop exception. Recently, an appellate court decided whether Florida's prohibition on the open carrying of firearms was in violation of the Second Amendment to the United States Constitution.

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