Thursday, June 11, 2009
How To Find a criminal Defense Lawyer
Tuesday, May 19, 2009
Experienced Criminal Defense Attorney
Your Criminal Defense Attorney will represent you in all of the procedures and be your voice to the Judge and eventually the Trial Jury. He or she will review all of the facts and evidence in the case against you and look for holes in the Prosecutor's evidence. During the Bail Hearing, your Attorney can help get reasonable bail set for you. Prosecutors will sometimes ask for unreasonable amounts of bail so that you will be unwilling to post bail, therefore not being able to leave jail. During the trial, your Defense Attorney will present your case to the jury and tell them your side of the story. They will try to disprove theories brought forth by the Prosecutor and create doubt in the minds of the Jurors of whether or not you could have committed the crime in question.
Also during the trial, the Criminal Defense Attorney will call forth witnesses that can help prove the accused person's character, prove where they were at the time of the incident or prove the actual facts of the case. If the accused is guilty of a crime, but to a lesser degree than the Prosecution is accusing, then the Defense Attorney will try to get the charges lowered to the actual degree of the offense.
If the accused is found guilty during the trial, the Criminal Defense Attorney will usually start the Appeals process for their client. This is extremely popular when criminal procedure was not followed properly during the trial. The whole Criminal process can be very complex and very confusing. That is why it is essential to have an Attorney that specializes in Criminal Law to represent you.
Monday, April 20, 2009
Criminal Offense: Domestic Violence
Have you been charged with domestic violence in Florida? If so, you’ll need to know the Florida domestic violence statutes so you can know what to expect and what you can do.
Domestic violence cases in Florida are usually heard by a specific judge in a division dedicated to domestic violence. Because of close family ties, domestic violence cases can be the most complex cases in criminal law. Fights between husband and wife, parent and child, or other family relationships cause many complexities. Also, a divorce can lead to a spouse making claims against another to get an advantage in the divorce case.
Sometimes those who are victims of domestic violence don’t want to press charges, and those people often wonder why the state won’t drop the domestic violence charges. That’s typical in Florida. The state will usually not drop charges when a victim requests it. When this happens, the prosecutors will scrutinize the case even more and try to force the victim to come in and testify.
However, if the State believes that the case is not strong or that there are other reasons not to go forward with the case, then they will drop the charges. It usually takes knowledgeable defense lawyers to persuade the courts. Because of the complex nature of domestic violence cases, you’ll want a good Tampa criminal defense attorney to sit down with you, understand your situation and form a plan to best handle your case.Tuesday, April 14, 2009
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Assault Charges in Florida
If you’ve been charged with assault in Florida, here are a few details you’ll want to know to help protect yourself against Florida assault charges.
The Florida assault statute is specific. As such, the prosecution will need to prove many elements and details. An assault is defined as “an intentional, unlawful threat by word or act to do violence to another.” But, for it to be an assault, the prosecution must prove an apparent ability to commit violence and create a well-founded fear in the other person. If the prosecution misses even one of these elements, it could lead to an acquittal. A simple assault charge in Florida is a second degree misdemeanor that’s punishable up to 60 days in the county jail.
An aggravated assault is similar to a simple assault, except the prosecution must prove one additional element: that a deadly weapon was used without the intent to kill, or there was intent to commit a felony. Aggravated assault is a third degree felony punishable up to 5 years in Florida State Prison.
Don’t confuse assault with battery. An assault only requires that some act of violence was threatened, and that the person was placed in immediate fear. A battery requires that the victim be touched or struck in some way. There is no requirement that they be harmed, only that they were touched and it was against their will.
To defend your rights against Florida assault charges, contact an experienced Tampa criminal defense attorney.Monday, March 30, 2009
News Recap from March
Saturday, March 28, 2009
3/28 Criminal Defense News
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