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Criminal Defense Archives

Can You Sue After A Wrongful Arrest?

Hundreds of arrests happen each day in the United States and many of these are wrongful arrests of defendants who haven't committed the crime they are ultimately charged with and often serve time for. In a country where at any given moment over 2 million people are in prison, even 1% of an error in arrests can result in several thousands of people behind bars for crimes they didn't commit.

Judges Rule Police Are Protected By Stand Your Ground Law

Having the ability to defend oneself in a moment where you fear for your life is an important factor in feeling safe. The Stand Your Ground law protects those who have to take action to defend themselves in life-threatening cases. Initially, this was a right given to all persons, but not necessarily those on the police force. However, the Florida Supreme Court recently ruled that Florida law enforcement can use the law in some instances. 

The Controversy of Facial Recognition Technology in Criminal Cases

A Florida state appellate court will soon decide whether to appeal a guilty conviction of a man who was identified by police using a controversial police surveillance program. The controversial facial recognition program was used by the Jacksonville Sheriff's Office to find a man who was accused of selling drugs. Now, the First District Court of Appeals is set to break new legal ground in deciding if police are allowed to use facial software to identify suspects in crimes without notifying the defense first.

Your Miranda Rights and the 5th Amendment

If you've ever watched a Hollywood crime show, you've probably heard the phrase, "You have the right to remain silent" when a suspect is arrested. These seven words usually come shortly after the phrase, "You are under arrest." But do you know exactly what it means when a law enforcement officer makes this particular statement, and are you aware of your rights as a crime suspect under the U.S. Constitution's Bill of Rights?

Supreme Court to Hear Appeal of Death Row Inmate with Dementia

When a death row inmate is executed, there is an expectation and legal requirement that the individual has a rational understanding that he or she is about to be executed and why he or she is facing execution. Most inmates remember their crime, and they are able to answer in the affirmative that they understand the reason for their punishment. However, one Alabama man is proving to be an exception to this understanding. Now, his lawyers argue that because he suffers from dementia, and does not remember his crime over 30 years ago, that he is unfit for execution. The U.S. Supreme Court must now decide if Vernon Madison will die by lethal injection.

Florida Police Officers Use "Stand Your Ground" to Seek Protection

The decision to allow police officers to use the state's "stand your ground" law as a defense in certain situations may be heading to the Florida Supreme Court. The law, originally enacted in 2005, was created as a way to allow residents to defend themselves with deadly force without fear of arrest or trial. Since its inception, the law has remained controversial, and it is even more so when law enforcement uses it as a defense in cases when deadly force is used.

National Crime Rates and Local Police Shootings are Down in 2017

It's looking like 2017 was a year when crime rates dipped in the U.S. This is the preliminary news coming in from the Brennan Center for Justice at the New York University's School of Law. The reports indicate good news for those of us who live in areas where crime is down, as the trend is a reversal from the previous few years where crime rates were rising.

Is a Car Considered a Deadly Weapon in the State of Florida?

The Florida Supreme Court may have to decide in the near future whether a car is considered a deadly weapon when used to harm or kill someone in the state of Florida. The lower appellate courts in the state are divided on this issue, forcing the state's Supreme Court to become the deciding factor.

Miami Man Claims Stand-You-Ground Against Child Abuse Charges

A Miami man is attempting to use Florida's controversial "stand-your-ground" statute as a way to seek immunity for child abuse charges brought against him. The cases involves a 30-year-old Miami tennis instructor who is accused of hitting a five-year-old boy with a tennis racket, causing bruising on the boy's right arm and a lump on his eyebrow. The man is charged with child abuse, but feels that he acted in self-defense.

Why Would a Judge Call a Mistrial?

If a judge decides to call a mistrial in a case, it means that the trial cannot and will not be successfully completed. The trial is terminated and declared void before the jury or judge renders a verdict or decision. However, it does not mean that there will not be a future trial. In most cases, the trial is reset for a different time with a different jury.

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