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Category Archives: Criminal

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Can Someone Be Charged In Federal And State Court For The Same Crime?

By Joyce A. Julian, P.A. |

Whether a criminal case is handled by state or federal court depends on the nature and circumstances of the alleged offense. Generally, state crimes are those that involve violations of state law, and federal crimes are those that involve violations of federal law. State crimes are pursued by local police officers, state agents, or… Read More »

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Should You Accept A Plea Deal Or Go To Trial?

By Joyce A. Julian, P.A. |

You can go to trial or agree to the prosecution’s plea bargain if faced with criminal charges. Deciding whether to proceed to trial or accept a plea deal can be difficult. Most criminal cases do not go to trial. Instead, they are resolved through plea bargains. But does this mean that you should accept… Read More »

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How To Protect Your Florida Criminal Case After An Arrest

By Joyce A. Julian, P.A. |

After getting arrested, the situation can get stressful, overwhelming, and confusing. Because of the stress and confusion, many arrestees do things that end up hurting their cases. Unfortunately, many arrestees make mistakes without even realizing they are making mistakes. If you have been arrested, you need to remember that your actions can significantly impact… Read More »

DrugArrest

Differentiating Between Actual And Constructive Possession

By Joyce A. Julian, P.A. |

There are many forms of drug charges. Being in possession of an illegal substance is just one type. In Florida, in order to be convicted of possession of an illegal substance, the State must prove beyond a reasonable doubt that the defendant was in “actual or constructive” possession of the illegal substance. These two… Read More »

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What Is The Fruit Of The Poisonous Tree Doctrine?

By Joyce A. Julian, P.A. |

To prove a defendant’s guilt in a criminal case, the prosecution must present evidence to prove every aspect of the charge present. Without evidence, the prosecution cannot prove a defendant’s guilt. Also, if the prosecution tries to present evidence that was obtained illegally, or evidence that was obtained or derived from evidence that was… Read More »

JuryBox

Grand Jury Vs. Petit Jury

By Joyce A. Julian, P.A. |

A jury consists of citizens chosen to listen to the facts of a case and make a decision regarding criminal justice. There are two types of juries: petit juries and grand juries. When people think about a jury, they are probably thinking about a “petit jury.” Many people do not know about the other… Read More »

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Vehicular Homicide In Florida

By Joyce A. Julian, P.A. |

When a motorist’s negligence causes an auto accident that results in death, they can be charged with vehicular homicide. However, it is crucial to note that not every driver who acts negligently and causes an auto accident that results in death gets charged with vehicular homicide. Generally speaking, in Florida, whether a person is… Read More »

BrokenChain

What Happens If The Chain Of Custody Is Broken?

By Joyce A. Julian, P.A. |

In a criminal case, evidence may include, among many other things, photographs, DNA samples, bodily fluids, such as blood, documents, and personal property. If law enforcement officers make a mistake when handling evidence, a “chain of custody error” is said to have occurred. The chain of custody is the documentation and proper care of… Read More »

MortFraud

Understand Some Basics On Mortgage Fraud

By Joyce A. Julian, P.A. |

According to the FBI, mortgage fraud is an increasing problem in America, with perpetrators using resilient and complex schemes. Even though the exact amount of money lost to mortgage fraud is unknown, it is estimated that more than $10 billion in loans were obtained from fraudulent applications in 2010 alone. With such amounts being… Read More »

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Underage DUI

By Joyce A. Julian, P.A. |

When a Florida driver over the age of 21 has a BAC of 0.08% or higher, they are considered impaired as a matter of law. On the other hand, Florida law prohibits drivers under the age of 21 to drive with a BAC of 0.02% or more. This means that in Florida, a driver… Read More »

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