Third Party Consent to Search

 

Co-Occupant Consent to Search
Co-Occupant Consent to Search

Third Party Consent to Search

Jurisdiction: Broward County, Florida Problems: 1) Is the consent of a joint occupant valid subsequent to a refusal to consent by the individual at whom the search is directed? two) Does a joint occupant’s consent to search an area extend to the private home of one more occupant? Major Instances: State: 1) Silva v. State, 344 […]
Published at Wed, 26 Jul 2017 22:27:38 +0000

Incompetent to Stand Trial

Incompetent to Stand Trial

Definition of    Incompetent to Stand Trial Florida Statute 916.12(1) states that “a defendant is incompetent to proceed within the which means of this chapter if the defendant does not have sufficient present ability to seek the advice of with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as nicely as […]
Published at Mon, 12 Jun 2017 20:46:57 +0000

Motion to Release Uncharged Defendant

Motion to Release Uncharged Defendant

Filing Formal Charges An specific person is not charged with a criminal offense when he or she is arrested.  The state attorney critiques all of the proof submitted following the arrest and tends to make a charging choice.  The state lawyer can “ file” the charges.  This implies to charge an person with a significantly a lot a lot more substantial criminal offense […]
Published at Mon, 13 Mar 2017 20:28:14 +0000