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Criminal Defense Archives

Supreme Court to Decide if Fraud Defendant Can Have Access to Legally Obtained Assets

The Supreme Court is hearing a case on a defendant's rights to seized assets that may set new precedent on the subject. The case centers on Sila Luis, a Miami woman who was indicted in 2012 for Medicare fraud. The allegations against Luis claim that she and two co-defendants used bribes and false claims to defraud Medicare of $50 million dollars.

Florida Death Sentence Rejected in Appeals Court Due to Ineffective Assistance of Counsel

Ineffective assistance of counsel is a legal statute that gives persons convicted of a crime a chance to have their case reviewed. It is based on evidence that the defense attorney did a poor job of representation, which resulted in the conviction and/or sentencing. This was the argument that the attorneys of John Gary Hardwick Jr. used in an appeals case with the 11th U.S. Circuit Court of Appeals.

Florida Death Sentence Rejected in Appeals Court Due to Ineffective Assistance of Counsel

Ineffective assistance of counsel is a legal statute that gives persons convicted of a crime a chance to have their case reviewed. It is based on evidence that the defense attorney did a poor job of representation, which resulted in the conviction and/or sentencing. This was the argument that the attorneys of John Gary Hardwick Jr. used in an appeals case with the 11th U.S. Circuit Court of Appeals.

Policeman's Best Friends May be Violating Civil Liberties

The U.S. Court of Appeals for the Seventh Circuit recently made a ruling on the use of drug sniffing dogs in U.S. vs. Bentley. Trained dogs have very sensitive noses and are able to identify drugs, but the problem in police forces is that dogs are also hard-wired to please humans. So, if the handler has a preconceived idea of who might be concealing drugs, the dog is more likely to act off of those cues.

Miami Mans Wins Wrongful Arrest Lawsuit With Evidence from the 'The First 48' Show

The reality TV show The First 48 and the City of Miami got its own dose of reality earlier this month when a federal jury awarded $850,000 to 27-year-old Taiwan Smart for a wrongful arrest that was made as a part of the show.

Credibility of Bite Mark Evidence Called into Question

A recent series in the Washington Post analyzed some of the questions surrounding the subjective field of bite mark analysis in criminal court proceedings. The articles addressed the field itself, particularly the American Board of Forensic Odontology (ABFO) and its advocates.

Civil Asset Forfeiture Leaves Train Passenger Broke

In a surprising twist on what starts out like a classic American dream story, Joseph Rivers just became the most recent casualty in a practice known as civil asset forfeiture, which allows law enforcement officials to take money and property from citizens, even if they haven't been found guilty.

Supreme Court Rules that Police Can't Hold Suspects for Drug Sniffing Dogs

The Supreme Court recently made a ruling in the case of Rodriguez vs. United States of America that says police cannot detain a suspect at a traffic stop to wait for a drug-sniffing dog to arrive. The Nebraska case started as a routine traffic stop, but turned into a test of the parameters of the Fourth Amendment.

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