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Author Archives: Jay Butchko

Monkey

How The “Good Faith” Exception Protects Even Bad Search Warrants

By Faulkner Law Group, PLLC |

The Fourth Amendment normally requires the police to obtain a warrant before searching private property. Evidence obtained in violation of this requirement is inadmissible in court as evidence against a criminal defendant. Of course, there are a number of exceptions to this general rule. One of them is known as the “good faith” exception…. Read More »

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MobileAlabama

The Importance Of Venue In A Florida Criminal Trial

By Faulkner Law Group, PLLC |

In a criminal trial, the venue refers to the geographic place where the matter is actually heard by the court. For state crimes, venue is typically vested with the circuit court where the alleged criminal act occurred. Similarly, federal crimes in Florida are tried in one of three district courts, representing the Northern, Middle,… Read More »

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Proof

The Government’s Burden Of Proof At Criminal Sentencing

By Faulkner Law Group, PLLC |

In federal criminal cases, a judge will consult a set of non-binding rules called the Federal Sentencing Guidelines when assessing a convicted defendant’s punishment. The guidelines are no longer mandatory following a 2005 United States Supreme Court ruling, but judges must still consider the recommended penalty range from the guidelines when crafting a particular… Read More »

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FloridaLaw

Can My Ex Still Inherit Under My Will?

By Faulkner Law Group, PLLC |

Here is a hypothetical situation: Jessica divorced her spouse 10 years ago. But one day, as she is going through some of her files, she comes across her will. She never updated the document following her divorce, and it still names her ex-spouse as the executor and primary beneficiary of her estate. Panicked, Jessica… Read More »

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Bias

Florida Appeals Court Orders New Trial After Trial Counsel Failed To Strike Biased Juror

By Faulkner Law Group, PLLC |

The right to a jury trial requires that the individual jurors are themselves impartial. In this context, impartiality means the jurors do not rely on any preconceptions about the defendant’s guilt or innocence before hearing the evidence. It also means that jurors will not infer guilt based on improper considerations, such as a defendant’s… Read More »

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AttorneyClient_Privilege

Can The State Object To The Appointment Of Post-Conviction Counsel?

By Faulkner Law Group, PLLC |

When a person is convicted of a crime in Florida state court, they have the right to file at least one appeal. After exhausting all possible state appeals, a person may then pursue what is known as a federal habeas corpus review. Habeas corpus refers to the inherent authority of federal courts to review… Read More »

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Cyberst

What Is Considered “Cyberstalking” In Florida?

By Faulkner Law Group, PLLC |

Most of us have seen–or dealt with–abusive behavior online at one time or another. In some cases such behavior may rise to the level of cyberstalking. This is not simply a term of art. Florida law specifically recognizes cyberstalking as a criminal offense. And individuals who have been targeted by such behavior may seek… Read More »

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GunSale

What Happens If I Sell Firearms Without A License?

By Faulkner Law Group, PLLC |

The Second Amendment may guarantee your constitutional right to keep and bear arms. But that does not mean you have an unrestricted freedom to purchase or sell such weapons within the state of Florida. Indeed, there are a number of federal and state laws designed to carefully regulate the marketplace for weapons–and if you… Read More »

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StayAway

Can Police Post Signs On Your Lawn Telling Children To Stay Away?

By Faulkner Law Group, PLLC |

A sex crimes conviction can quite literally follow you for life. This is because even after you serve any prison sentence or term of probation, the government can force you to register as a “sex offender,” often for the rest of your life. Some Florida municipalities may even restrict where a registered sex offender… Read More »

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RightWrong

How Does The “Insanity Defense” Work?

By Faulkner Law Group, PLLC |

In television courtroom dramas, you will often see fictional defense lawyers present an “insanity defense” in an attempt to get their clients off. In reality, the use of the insanity defense is quite limited and restricted. In federal criminal cases, for example, the law states that it is an affirmative defense in a criminal… Read More »

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