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Attorney General Sessions Demands Max Sentences

During the years of Attorney General John Ashcroft the Department of Justice (DOJ) had a policy to charge defendants with the highest possible charges. They took a tough on crime approach to lock up criminal, and deter crime. However this policy did very little to deter crime, and most criminal charges were minor charges. However […]

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Eye Witness Identification Law

For years criminal defense attorneys, and the innocence project have been advocating that photo lineups should be administered by someone who does not know who the suspect is. This is because by knowing who the suspect is law enforcement officers might suggest which person is the suspect, even if it is not intentional. On June […]

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Juveniles Charged as Adults

Over the past several years there has been an influx of changes with regard to the sentencing of juvenile defendants. Courts are now required to consider the “youthful attributes” of juveniles to consider their level of culpability. Limitations have also been placed on the sentences applicable to juveniles. As a general rule, all juvenile defendants […]

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Myths About The Motion to Dismiss

Debunking Myths About The Motion To Dismiss If an attorney believes the State’s evidence is insufficient to establish each element of the charges, he can file a motion to dismiss under Florida Rules of Criminal Procedure 3.190(c)(4). However this is rarely done due to two myths about the C4 motion to dismiss. The first myth […]

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Public Defender Appoints Governor To Criminal Case

For years Public Defender offices across the county have been underfunded, and unable to give their clients the necessary attention to effectively represent them. However an elected Public Defender from Missouri tried to do something extraordinary about it. He wrote a letter appointing the Governor of the state to a case based on a Missouri […]

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The Adverse Inference & 4th Amendment Challenges

CHALLENGING 4TH AMENDMENT VIOLATIONS The Adverse Inference: Facts That Should Be Construed Against The State Law enforcement officers’ testimony is often times inconsistent with that of the defendant’s. Frequently these inconsistencies could easily be resolved if law enforcement had not failed to gather evidence, which was readily available to them with minimal inconvenience. The Officer’s […]

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The FIFA Prosecution

FIFA ( International Federation of Association Football) is an International soccer league. On May 20th 2015  they indicted 14 executives for a number of crimes including racketeering, money laundering, and wire fraud. The indictment was done by the Attorney General Loretta Lynch who is the highest ranking law enforcement official in the land. The FIFA […]

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The Clemency Project

Reducing Unfair Sentences In an attempt to correct federal sentences that almost everyone in the legal field have agreed were too harsh, the Department of Justice started the Clemency Project 2014. When a defendant receives clemency under the Clemency Project, their sentence will be commuted (which means the president will lower his sentence) to a […]

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Civil Forfeiture

How the Government Can Seize Your Property Civil forfeiture is the process where the government takes your property because they think it is part of a crime. As John Oliver points out civil forfeiture can be pretty satirical looking from the outside, however the results can be devastating to the people effected by it. And […]

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