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Articles Posted in Criminal Procedure

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The Law on Self Defense in Florida

The Jacksonville State Attorney’s Office recently decided to take another look at an incident where a Jacksonville Beach suspect (Theodore Gersdorf) cut off another person’s finger with a machete, according to an article at Jacksonville.com. Apparently, when Jacksonville police originally investigated the incident, the suspect claimed that he used the…

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Criminal Defense Lawyer Wants Police Officers to Prove They Can Smell Marijuana in Car

During a drug investigation after a traffic stop in Jacksonville, Florida, it is not uncommon for a police officer to allege that he/she smells an odor or marijuana which is used as a basis for a search of a person and/or a vehicle. Or, what a Jacksonville police officer may…

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If You Have Been Charged with a Crime, Be Careful What you Put on Facebook or Myspace. It Can Come Back to Haunt You.

Social networking sites like Facebook and Myspace have become extremely popular, not just among high school and college students, but for people of all age groups, but the information that is posted on these sites is also being used as a tool by prosecutors to obtain evidence against defendants to…

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In Florida, Watch the Speedy Trial Issue When Misdemeanor DUI Turns Into Felony DUI

In Jacksonville and throughout Florida, a DUI can be bumped from a misdemeanor crime to a felony crime if the offender has three prior misdemeanor DUI convictions. If the state prosecutors can prove that the person committed the fourth DUI after three prior misdemeanor DUI’s, that fourth DUI can be…

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Florida Law Proposed to Deport Illegal Immigrants in Prison Voluntarily

The Florida Legislature is considering a law (Senate Bill 1086) that would allow illegal immigrants serving prison sentences to be deported under certain circumstances. According to the proposed Florida law, prison inmates in Florida who have been convicted of a crime, have served at least half of their prison sentence…

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