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Articles Posted in Criminal Procedure

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Witnesses Get Immunity In Criminal Cases When Forced to Testify in Florida

What happens in a criminal case in Florida when a witness, who may have information that incriminates him/herself, is called to testify at a deposition? Most people are familiar with the Fifth Amendment of the U.S. Constitution which says that a person has a right not to incriminate him/herself. This…

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Corporate Executive’s Statements to His/Her Attorney May Not Remain Confidential

Most people understand that when they have a private conversations with their lawyers about an existing or potential case, whether criminal or civil, those conversations are supposed to remain confidential. This is referred to as the attorney-client privilege, and it means that no one can compel the attorney or the…

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When Police Ask Questions, You Do Not Always Have To Answer

We see countless criminal cases in the Jacksonville, Florida area where regular people or suspects talk and answer questions when police come to investigate a crime, and the result is the person talks him/herself into getting arrested and/or gives the police officer the evidence he/she needs (and did not have)…

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What is the Entrapment Defense to a Drug Charge in Florida?

Criminal defense lawyers do not often assert the entrapment defense in criminal cases, particularly drug cases, because it does not apply in most cases. However, there are cases where the entrapment defense is a valid defense when a person is charged with a drug crime in Florida. For instance, in…

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Driving With a Suspended License and DUI Charges Should Not Be Tried Together.

It is not uncommon for a person to be arrested for driving under the influence of alcohol or drugs (also commonly referred to as DUI, DWI or drunk driving) and driving with a suspended or revoked license, or DWLS, in Florida. Under those circumstances the prosecutor will file at least…

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I Entered a Plea of Guilty or No Contest in Criminal Court in Jacksonville, Florida, Can I Now Withdraw or Reverse That Plea and Fight My Charges?

As a criminal defense law firm practicing in the Jacksonville, Florida area, we get this question quite often. Sometimes, a person pleads guilty or no contest to a crime in Jacksonville the morning after the arrest without really knowing the consequences of the guilty or no contest plea, without really…

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Senator Jim Webb Discusses Needed Changes to Our Criminal Justice System

Senator Jim Webb of Virginia published a short article on The Charlottesville Center for peace and Justice website about problems with the criminal justice system and some suggested reforms. He highlights some pretty disturbing figures which make it difficult to argue that the criminal justice system is functioning fairly and…

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How is a Self Defense Argument Presented in a Criminal Case in Florida?

In Florida, a person who has been arrested for a crime of violence, such as aggravated assault, cannot be prosecuted for that crime if he/she was justified in using force, i.e. committed the act in self-defense. In other words, Florida law provides that a person can use force against another…

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GBI Firearms Expert Resigns After Testifying Falsely in Gun Cases

A Georgia Bureau of Investigation (GBI) firearms examiner who routinely testified for the State in gun cases resigned from the GBI after it was learned that she gave false testimony in numerous cases, according to an article on AJC.com. The article indicates that the GBI firearms examiner mischaracterized in her…

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