Motion to Dismiss | Speedy Trial

Speedy TrialMotion to Dismiss | Speedy Trial

The Sixth Amendment &amp Speedy Trial! Not a Florida Issue Jurisdiction: Wake County, North Carolina Situation: Was Defendant’s 6th Amendment Proper to a Speedy Trial violated when a trial was delayed for 3 years due to the following: 1) The State dismissed the defendant’s case by stating below oath that he could not readily be […]
Published at Wed, 27 Might 2015 18:16:19 +0000

State Required to Prove that Prior DUI Convictions Were With the Assistance of an Attorney

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Photo by Penn State Law assistance of counsel

State Essential to Prove that Prior DUI Convictions Were With the Assistance of an Lawyer

In Goins vs. State, the Fifth District Court of Appeal reversed the circuit court’s ruling and returned the matter to the trial court instructing the circuit court to hold proceedings based on the appellate court’s decision. In this matter, the defendant pled guilty to driving below the influence, with 3 or a lot more prior convictions. The […]
Published at Wed, 04 Feb 2015 03:21:33 +0000

Motion for Depositions

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Photo by m.gifford

Motion for Depositions

Motion for Deposition Florida is one of the few states that permits depositions in criminal matters. As an attorney, I would encourage more states to permit taking depositions in criminal matters. Depositions close cases. In most circumstances, a deposition lets one side know that this is not a good case for trial. In Florida, depositions […]

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Published at Fri, 22 May 2015 02:08:35 +0000

Motion to Withdraw Capias

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Photo by toridawnrector

Motion to Withdraw Capias

Motion to Withdraw Capias Florida Courts definitely love their Latin phrases.  The English translation for the Latin word “capias” is “that you take.”  It is a descriptive term for many different types of writs.  All of the writs have one thing in common and that is to take a person into custody. Some clients don’t show […]

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Published at Fri, 22 May 2015 02:44:23 +0000