Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Criminal
Client's Sex Charges involving 9 year old girl dismissed
June 20, 2009
We defended the client from criminal sexual battery charges supposedly committed lewd acts against his 9 year old step-daughter. Our client was in his mid-40s with no prior record. The client faced not only a lengthy prison sentence, but the loss of his job, reputation in the community, and likely press coverage that comes from these types of charges. The former spouse made up the charges and coached the daughter what to say to the police. Through our proactive investigations, we were able to get the charges not filed against the client.
Federal Guidelines becoming tough on intended or potential economic losses
June 05, 2009
Defendants in federal court can face a rude surprise when they are held criminally liabile for the potential economic loss to the victim as opposed to the actual loss. In United States v. Stetson, 202 Fed. Appx. 449 (11th Cir. 2006), the court held the defendants liable for an intended loss based on how much they could charge to fraudulently obtained credit cards before getting caught, instead of the amount they actually charged.
US Sentencing Guidelines Help
June 05, 2009
There are few things more complicated in criminal law than the Federal Guidelines. The Guidelines are used to calculate the presumptive sentencing range for a defendant. After the Supreme Court's decision in United States v. Booker, 543 U.S. 220 (2005), the guidelines are now advisory as opposed to mandatory as the used to be. Therefore, a judge now has considerably more discretion in determining a defendant's sentence.
Defendant in Shackles
June 05, 2009
Imagine getting a jury duty summons in the mail one day and going down to the courthouse to wait to either be selected or dismissed. When you arrive, you are led into a room and seated with other potential jurors. While sitting in the courtroom, you notice the state seal and portraits of past judges and you instantly feel like part of an age-long tradition and sense the importance of the proceedings that are about to take place. Then, the judge begins to speak. He introduces you to the prosecutor who stands before you in a neatly pressed suit and looking very official. Then you see the defense counsel looking equally professional. And finally, the judge introduces the defendant, whose life will change for the better or for the worse depending on your verdict. The man who is supposed to be presumed innocent until proven guilty now stands before you in full shackles. Does this weaken the presumption of innocence in your mind? Do you sense yourself beginning to make assumptions about the handcuffed man in front of you? Is that how you would want to be presented to those who hold your fate in their hands? Or, would you want your attorney to do everything in his power, as your advocate, to prevent that?
