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The 4th Amendment’s Exclusionary Rule

WHAT IS THE 4TH AMENDMENT’S EXCLUSIONARY RULE The 4th amendment of the constitution guarantees people the right to be free from unreasonable search and seizure. The exclusionary rule comes into play when the government violates a person’s 4th amendment rights and illegally searches a person or their property. In these cases the courts have come […]

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Freedom Of Speech: Where Does It Come From

The freedom of speech is one of the most important rights in the United States Constitution, but where does it come from. As there are very few countries if any that give people the same freedom as the first amendment. FREEDOM OF SPEECH IN ANCIENT DEMOCRACY Freedom of speech is clearly a pinnacle of democracy, […]

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When Do The Police Have To Read You Your Rights

In the case of Miranda v. Arizona the U.S. Supreme Court decided that a criminal defendant is entitled to be informed about his right against self incrimination as well as his right to an attorney before law enforcement could conduct a custodial interrogation. These rights became known as the defendant’s Miranda Rights. WHAT IS A […]

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Problems Challenging Sentencing Disparities

People agree that fairness in our system of criminal justice requires that everyone gets treated equally. However our justice system routinely fails to live up this aspiration, and the defendants have very little means to challenge it. DISPARITY IN SENTENCING AMONG CO-DEFENDANTS The courts have said in United States v. Granados, 962 F.2d 767, 774 (8th […]

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Sentencing Manipulation

WHAT IS SENTENCING MANIPULATION Sentencing manipulation is when law enforcement takes some kind of action to increase the defendant’s potential sentence. Sentencing manipulation is different then entrapment in the fact that entrapment requires law enforcement to cause a defendant to commit a crime that he was not otherwise predisposed to commit. While in sentencing manipulation […]

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Four Step Opening Statement

INTRODUCTION Studies show that upwards of 80% of juries make up their mind after opening statements.[1] Therefore it is important to give a strong opening statement. In all my trials I use the same four step process to achieve this goal. THE FOUR STEPS 1) What is the Case About: The first thing I tell […]

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Law Versus Compassion

JUSTICE IS NOT JUST PROCEDURAL As stated in my previous blog some attorneys take the position that justice is two folds: 1) procedural justice; and 2) substantive justice, which requires compassion. About a year ago I saw this concept in one of Alan Dershowitz’s book. TAKING THE STAND: MY LIFE IN THE LAW (2013) BY […]

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The Temporary Possession Of Drugs Defense

THE LAW ON TEMPORARY POSSESION Many people, including criminal defense attorneys believe that if you  get caught with drugs that you are guilty of a crime. However this is not necessarily true if the person only takes temporary possession of the drugs. In Campbell v. State, 577 So. 2d 1932, 1934 (Fla. 1991) the court […]

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Entrapment

WHAT IS ENTRAPMENT In Florida the defendant shall not be found guilty of a crime if he can show he was entrapped. Entrapment occurs when law enforcement convinces someone to commit a crime that they otherwise would not commit. This usually requires that the person who committed the crime was not already predisposed to committing […]

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Should Courts Consider a Police Agency’s Reputation and Prior Bad Acts

I would like to start by mentioning that I could not find any law on this issue one way or another, but the defense bar may be missing out on an opportunity to ongoing police misconduct. In a previous article I discussed the problem of what has been known as ‘dropsy’ testimony. Basically it started […]

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