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Category Archives: Criminal

Courtroom2

When Is A Criminal Defendant “Mentally Incompetent” To Stand Trial?

By Faulkner Law Group, PLLC |

There are some situations where a person is arrested and charged for a crime yet has no idea what is actually happening. Due to a mental illness, they may be incapable of understanding the nature of the charges against them, much less be in a position to assist in their own defense. In this… Read More »

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JuryBox

Can A Judge Dismiss A Juror In The Middle Of Deliberations?

By Faulkner Law Group, PLLC |

One of the most basic principles of American legal system is that a jury must reach a unanimous verdict to convict a defendant accused of a crime. Jurors are expected to be impartial and determine the facts based on the law, as instructed by the judge. While a judge may dismiss a juror once… Read More »

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CourtGavel

Understanding Your Right To Be Present At Your Own Criminal Trial

By Faulkner Law Group, PLLC |

The Sixth Amendment to the U.S. Constitution guarantees every person accused of a crime the right to a trial where they may confront the witnesses and evidence against them. This includes the defendant’s right to be present at every “critical stage” of the trial process, including sentencing following a conviction. Of course, a defendant… Read More »

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FedCrime

How The Hearsay Rule Applies To Expert Witnesses In Criminal Trials

By Faulkner Law Group, PLLC |

As a general rule, hearsay is not admissible as evidence in a Florida criminal trial. The technical definition of hearsay is an “out-of-court statement offered to prove the truth of whatever it asserts.” For instance, if a witness testifies that the defendant told them they had committed a robbery, that would be an admissible… Read More »

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Courtroom

Why Representing Yourself In A Criminal Trial Is A Bad Idea

By Faulkner Law Group, PLLC |

Everyone has the right to the assistance of counsel when charged with a criminal offense. You should always invoke this right. Yes, you can legally represent yourself in court, but it is never a good idea. While you may think you can handle the rigors of a criminal trial without a lawyer, keep in… Read More »

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FedCrime2

The Differences Between Federal And State Criminal Appeals

By Faulkner Law Group, PLLC |

When you are found guilty of a federal or state crime, you have the right to file an appeal. The appellate process is often confusing to individuals who have no prior experience with the criminal justice system. With that in mind, here is a brief overview of the federal and state criminal appeals courts…. Read More »

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DefRights

What the Florida Supreme Court’s Recent Decision to Abandon the “Single Homicide” Rule Means for Criminal Defendants

By Faulkner Law Group, PLLC |

The Florida Supreme Court recently abandoned what had been known as the “single homicide” rule in criminal cases. The rule was first put in place by the Court several decades earlier to prevent the state from convicting a defendant for a single homicide under two different criminal statutes. This was deemed necessary to comply… Read More »

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Bail

How Does Bail Work in a Florida Criminal Case?

By Faulkner Law Group, PLLC |

When you are arrested on suspicion of committing a crime, your first appearance in court will be to establish your bail. The purpose of bail is not misunderstood. Bail is not supposed to be a punishment. The function of bail is to secure your appearance at any future court hearings related to your criminal… Read More »

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The Role of Restitution in Florida Criminal Cases

By Faulkner Law Group, PLLC |

In criminal cases, prosecutors may seek punishment beyond prison time. If there was an identifiable victim of the crime, the prosecution may also ask the judge to order the defendant pay restitution to that victim. In a theft case, for instance, the restitution order might require the defendant to compensate the victim for the… Read More »

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searchwarrant

Can You Challenge a Magistrate’s “Probable Cause” Finding on a Search Warrant?

By Faulkner Law Group, PLLC |

Police normally need to obtain a warrant before searching any property that belongs to a criminal suspect, including samples taken of a suspect’s blood for chemical testing. A magistrate or judge must first determine whether the police have “probable cause” to believe the search will discover evidence of criminal activity. Probable cause is a… Read More »

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