Did you know that if your legal counsel provides ineffective assistance during your case and that is deemed the reason you lost your case, it may be grounds for an appeal and could even be ordered to a retrial by a judge? Cornell Law cites a case from 1984 (Strickland v. Washington) where it was decided that "to prove ineffective assistance, a defendant must show (1) that their trial lawyer's performance fell below an "objective standard of reasonableness" and (2) "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different."
Have you made a mistake that got you in trouble with the law? From time-to-time, things happen that may be out of our control or done without being completely thought through that can lead to getting arrested or having to deal with going to trial to sort matters out. Hiring an experienced criminal defense attorney to be on your side can make a world of difference when it comes to how your case is handled and its outcome.
The legal system is full of different terms used to define specific crimes. Often these crimes may sound the same or seem similar in their acts, but they are not interchangeable in their meanings or in their charges. There's a distinct difference among a robbery, a burglary, and a theft.
Did you know Florida is has some of the harshest mandatory drug sentencing laws in place in the country? According to WSFU News, these laws could be changing drastically soon leaving it up to the court system and judges to decide on a fair punishment on a case-by-case basis.
When you are charged with domestic violence, you'll be charged in Criminal Court, but if children are involved, you may also be headed to Family Court in matters of child custody. If you are a parent with a substance abuse problem and have been charged with domestic violence, all hope may not be lost.
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?
There is a growing conflict surrounding the new Florida death penalty law due to some individuals receiving overturned death sentences. Known inmates charged with first-degree murder, who previously were sentenced to death, may now only face life imprisonment. Re-sentencing hearings have already taken place and more are being scheduled to determine whether the death sentence they hold still stands.
Dalia Dippolito's criminal defense attorneys will continue to argue police misconduct for the forthcoming the third trial for the allegations of trying to hire a hit-man to kill her then-husband, Michael Dippolito in 2009. The tactic used during the second trial was also police misconduct, causing a hung jury. Of six jurors, three were persuaded enough to cause a mistrial.
Drinking and driving is an offense some of us tend to take for granted until we get pulled over. What constitutes a DUI? According to the Florida Department of Highway Safety, it's when it is found that the operator of the vehicle is proven to be impaired beyond the legal limit, via breathalyzer, of a blood alcohol content (BOA) of 0.08 or greater. Knowing what makes you at risk for a DUI is important, to be sure, but what sort of charges are you facing?
The Florida State Supreme Court is preparing to hear arguments about the state law which allows citizens to be prosecuted if they refuse a breathalyzer. Currently, Florida law allows police officers to arrest suspected drunk drivers if they refuse to take a breath test.