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TAMPA CRIMINAL LAWYER BLOG

Florida Court Holds Trial Court Improperly Ruled Testimony of Witnesses was Cumulative in Evaluating a Motion for Relief Due to Ineffective Assistance of Counsel

by Hanlon Law

In most criminal cases, whether a defendant is convicted or found innocent depends on the sufficiency of the evidence presented by both parties. If you are charged with a crime, it is important that any evidence that may be helpful to your defense be presented at your trial. Evidence is not always concrete but includes...

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Posted in: Defenses, Meth

Florida Appeals Court Throws Out Search of Defendant’s Vehicle

by Hanlon Law

The U.S. Constitution protects Americans against unreasonable searches and seizures by law enforcement. If evidence was gained by the police through illegal means, that evidence can be suppressed. Suppression means that the evidence cannot be presented in court. If evidence that should have been suppressed is presented, and there is a conviction, that conviction can...

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Posted in: Defenses, Drug Crimes

Florida Appeals Court Rules on Statutory Prohibition of “Engaging in a Criminal Activity” under State’s Stand Your Ground Law

by Hanlon Law

Florida’s Stand Your Ground law gives criminal defendants immunity against prosecution if they meet the following three elements:  the use of deadly force was (i) reasonable because deadly force was necessary to prevent imminent death or great bodily harm to the defendant or to prevent the commission of a forcible felony; (ii) used while the...

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Posted in: Defenses, Violent Crime

Florida Trial Court Committed a Reversible Error By Not Properly Instructing Jury as to Self-Defense Claim

by Hanlon Law

In criminal trials, the jury is asked to determine the guilt or innocence of the defendant. Jury instructions help the jurors make their decision within the framework of existing laws, and the criminal defendant is entitled to have the jury instructed in his or her theory of defense, assuming there is evidence to support this...

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Posted in: Defenses, Violent Crime

Florida Court Remands Case, Highlighting Effect of Juvenile Offender Status on Sentencing

by Hanlon Law

The U.S. Supreme Court in Miller v. Alabama held that the Eighth Amendment of the United States Constitution prohibits sentencing guidelines that require life imprisonment without parole for juvenile offenders. In response, the Florida legislature passed a new set of guidelines for sentencing people convicted of Florida juvenile crimes. The guidelines ensure that juveniles have any long-term...

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Posted in: Defenses, Juvenile

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