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Articles Posted in Criminal Procedure

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Can a Defendant Have a New Trail Based on Newly Discovered Evidence?

In Florida, when a defendant has a trial and gets convicted, he/she has a right to appeal the conviction to have a higher court determine if there were any significant errors committed in the trial that detrimentally affected the defendant’s right to a fair trial. While some appeals are successful,…

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Florida Child Abuse Defendant Convicted Because He Could Not Afford An Expert

In what are referred to as shaken baby cases, the state will almost always have an expert testify that the child’s injuries must have been caused by someone forcibly shaking the baby rather than whatever explanation the defendant or defense lawyer provides. The State will always have someone on hand…

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Husband Gets Ten Days in Jail For Filing False Divorce Documents

When two people get divorced in Florida, they are generally required to file sworn financial affidavits with the court. These financial affidavits contain information about the party’s income, liabilities and assets. Each party in a divorce has a right to know the financial situation of the other party. Since the…

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Jail Calls and Jail Visit Conversations May Be Recorded and Used as Evidence at Trial

When a person is in jail while his/her criminal case is pending, he/she will be permitted to make phone calls to people on the outside and have periodic visits with them. In Jacksonville, Florida, there is a recording before each phone call which tells the inmate that the conversation is…

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Criminal Defense Lawyers in Florida Must Properly Advise Defendants of Any Immigration/Deportation Consequences

As criminal defense attorneys in Florida, we handle a lot of cases where a person who is not a United States citizen has been arrested on criminal charges. When a person who is not a U.S. citizen has been arrested for a crime, it is crucial that he/she be properly…

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