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Articles Posted in Criminal

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What if the State doesn’t give me a speedy trial?

Every person charged with a crime in the United States is entitled to a speedy trial.  This is a federal constitutional right guaranteed by the Sixth Amendment to the United States Constitution which states, [i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…” …

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Supreme Court adopts broad interpretation of “different occasions” provision under the Armed Career Criminal Act

The Supreme Court handed down an important federal criminal law decision on March 7th, 2022 involving the interpretation of the “different occasions” language in the Armed Career Criminal Act. The Armed Career Criminal Act, 18 U.S.C. s.924(e), provides for a 15 year minimum mandatory sentence for any defendant convicted of…

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Florida Police Cannot Arrest DUI Suspect Without Observing Him/Her Driving

In Florida, a police officer is not normally permitted to arrest a person for DUI (driving under the influence of alcohol or drugs) unless the police officer observes the suspect actually commit the crime.  This applies to standard DUI’s, not DUI’s involving an accident.  This is not an issue in…

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