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Articles Posted in Criminal Defense

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A Florida Sex Offender Registration Case Offers Helpful Insight Into What an Ex Post Facto Violation Looks Like

People suspected of a crime or facing criminal charges may be familiar with the names of certain legal concepts and phrases but not truly understand their meaning and application. Many people have heard “ex post facto” or “fruit of the poisonous tree.” Few know exactly when these phrases apply to…

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How Florida Prosecutors’ Inappropriate Comments to a Jury Led to a Reversed Conviction

Everyone has the right to be tried by a jury of their peers, and for that trial to be fair. The many protections enshrined in Florida law to protect a criminal defendant’s right to a fair trial exist to ensure justice; in other words, to make certain an accused person…

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Aggravated Battery, Self-Defense, and the ‘Forcible-Felony’ Exception in Florida

Felony battery cases are serious matters. Aggravated battery is a second-degree felony in Florida punishable by up to 15 years in prison and $10,000 in fines. People accused of felony battery crimes are entitled to put on affirmative defenses to overcome criminal liability. These include defenses like self-defense. When putting…

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Discovery Violations by Prosecutors and Richardson Hearings in Florida

Many procedural details go into the pretrial, trial, and post-conviction phases of presenting a defense. It is important to have a Tampa Bay criminal defense lawyer who is fully immersed in the knowledge of all of these details, as any one of them may be the key you need to…

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A Lakeland Man’s Ill-Fated Efforts to Evade the Police and the Disadvantages of Trying to Run/Hide from Law Enforcement

Occasionally, this blog takes the opportunity to highlight potentially criminal situations where individuals demonstrated “what not to do.” For example, if you’re facing charges or under suspicion, running from the police is an example of what not to do. What you should do instead is get online or grab a…

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When Police in Florida Can — and Can’t — Perform a Warrantless Search of Your Possessions Following an Arrest

Certain types of alleged crimes — namely, drug and/or weapon charges — frequently arise from evidence that the police seized in a search performed without a warrant. The law generally falls on the side of disallowing warrantless searches, but the law also has many exceptions that the state can use…

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‘Fruit of the Poisonous Tree’ and Getting Your Statements to Police Thrown Out in a Florida Case

In a 2001 episode of a highly popular courtroom drama, a criminal suspect is very excited. “Y’all ain’t got no probable cause… That’s poison from the fruit tree!” Garbled wording aside, the suspect was onto something… or he might have been had he not been on parole and subject to…

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Weapons Crimes and Sentence Enhancements for Repeat Offenders

Weapons crimes often can come with strict sentencing rules including, in some circumstances, sentence enhancements. If you are facing such a possibility, it is vital to have a skilled Tampa Bay criminal defense lawyer on your side to help you establish that you do not qualify for the enhanced sentence…

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When the Police in Florida Can — and Can’t — Search You Without Your Consent Based on a Non-Criminal Traffic Violation

Drug and weapons offenses represent some of the most commonly charged crimes in Florida. According to the FBI, drug crimes are the #1 basis for arrests, representing nearly 1 in 7 (14%) of all arrests. Sometimes, the way the police go about obtaining the proof necessary to make those arrests…

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Florida Law Regarding Stand Your Ground Immunity and People Engaged in Illegal Conduct

Florida’s “Stand Your Ground” has been the subject of much public discussion. Many misunderstandings and misconceptions are associated with this statute. If you are someone facing criminal charges and need to present an argument for Stand Your Ground immunity, make sure you have an experienced Tampa Bay criminal defense lawyer…

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