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- Florida Sentencing Enhancements Pt. 2: Habitual Felony Offenders & Habitual Violent Felony Offenders
An overview of the Habitual Felony Offender and Habitual Violent Felony Offender statutes. Unlike the PRR statute, which precludes the court from imposing a sentence that is less than the statutory maximum, these recidivist provisions increase the statutory maximum and, in the case of an HVFO, impose certain minimum mandatory prison terms as well.
- What Are the Different Types of Criminal Homicide?
Homicide is the taking of a human life. Every state in the US has its own unique classifications of homicide, but these classifications generally fall into three general categories. Those general categories are murder, manslaughter, and justifiable homicide.
- Thirteen New Crime-Related Laws to Know for 2013
This article’s focus is narrower. The following new laws affect criminal liability, as they are additions to the Penal Code and involve criminal liability, meaning jail, prison, fines, seizure or forfeiture of assets. The laws are referred to by the AB or SB number, or Assembly Bill and Senate Bill number, respectively. Their statutory reference in the Penal Code will be established shortly, but are not at this time.
- Marijuana Grower’s Conviction for Voluntary Manslaughter Upheld from Killing Thief of His Crop
The issue here for PD was whether he followed a continuing course of conduct, allowing the court to punish him for multiple, separate, distinguishable acts so that § 654 was not violated. The California Supreme Court in Neal v. State of California (1960) 55 Cal. 2d. 11, first allowed such an approach, which the Fresno judge obviously followed by adding a twenty-five year term to the three year term, although the two sentences were to be served concurrently.
- Self Defense and Stand Your Ground laws
The Trayvon Martin case in Florida has received national attention on the Stand Your Ground law and now many states that have the Stand Your Ground law in place are looking at their current legislation regarding the Stand Your Ground law. However, the Stand Your Ground law has a rational basis and dates years back. This is a discussion on investigating self defense cases under the Stand Your Ground statutes.
- Involuntary Manslaughter Conviction Upheld for Injury from Eight Years Earlier
Jose Moncada was caring for his then three month old son, Joseph. Joseph was fussy and Jose became frustrated from the crying.
- Safety or Profit? Red-Light Cameras in Florida
Increasing the length of a yellow light, along with an "all stop" cycle, would do more to increase safety at intersections than red light cameras do. In March 2012, Pascoe County Judge Anne Wansboro ruled in favor of Thomas Filippone, who, after having travelled through an intersection that was equipped with a red-light camera, received a $158 traffic ticket in the mail.
- Supreme Court Opinion Raises Bar for Criminal Defense Attorneys
In mid March of 2012, the Supreme Court of the United States approved a request for a new trial for a Michigan man who claimed that his lawyer had been giving him bad advice. The Cooper case highlights one of the most important aspects that both lawyers and the general public should take into account when it comes to cases of criminal defense.
- Vehicular Manslaughter and Criminal Charges that Criminal Defense Lawyers Can Fight
Vehicular manslaughter is one of the most serious criminal charges you can face for a traffic-related violation, and it is most commonly seen in conjunction with charges like reckless driving or driving under the influence. If you or someone you know has been arrested for and charged with this type of crime in Fort Lauderdale, reach out to a team of criminal defense lawyers immediately.
- Fifth Amendment Rights Violated When DA Points to Silence as Evidence of Guilt
In early 2007, Richard Tom, while speeding and running a red light, broadsided Lorraine Wong’s vehicle. The impact tragically killed Wong’s eight year old daughter. After holding Tom at the scene for about ninety minutes, during which time he remained silent except to ask if he could walk home, Redwood City Police Officers transported him to the police station.