The “Castle Doctrine”: Is My Home My Castle?

It’s 2:00 AM, you are sleeping soundly in your bed as your wife lies peacefully next to you. You’ve never even heard or thought about the castle doctrine. Your two kids are fast asleep in their rooms. The house is quiet, still and dark. Things are as they should be this early in the morning.

Somehow, you are awakened and upon opening your eyes you see a shadow of a large, hooded figure rifling through your wife’s jewelry box on her vanity. Your heart skips a beat as it begins to pound faster than you knew possible. Your breathing seems to overtake the stillness of the night and you fear that the intruder in your home will see you are awake. The gun is within arms reach of your bed but you fear movement may incite retaliation.

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The Federal Criminal Investigation Process

Thanks to movies and television, most people have an automatic idea that comes to mind when they hear terms such as federal prosecution, federal crime or federal investigation. These images range from courtroom sketches of defendants in front of the judge, federal agents carrying boxes out of a business, and, of course, the infamous “perp walk.” These ideas don’t fully represent the totality of the federal criminal investigation process.

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Should Prisoners Have Access to the Internet?

If a convict doesn’t have access to the internet, it is believed they have a hard time integrating themselves back into the community that existed while they were away. The participation they have in the civilian community is put in limbo because they are not aware of the changes going on around the world.

Currently, only four states allow some type of limited internet access (Florida not included) to prisoners.

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Assault: Criminal Cases vs. Personal Injury Claims

When an individual is assaulted, there can be two different types of cases. The difference between the two is the key. There are criminal cases and personal injury claims. Both are similar in ways, but there are important differences that are essential.

What are criminal cases?

In a criminal case, the defendant will be judged by a jury or the judge himself. The prosecuting attorney, which is usually the district attorney, will handle the case and represent the people of the state against the defendant. The victim will only be asked to speak if he is called as a witness.

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Florida’s New Law On Mandatory Minimum Sentencing

In July, a new law was passed that has significant implications for anyone who has been arrested for a crime in which mandatory minimum sentencing guidelines would be in effect.

This specifically relates to mandatory minimum sentences for aggravated assault. This could have significant consequences for you if you have recently been arrested for or convicted of assault in Florida. It is essential to contact an experienced criminal defense attorney in Florida as soon as possible after you have been accused in order to fully understand your rights.

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Seven Things to Do to Not Make Your Arrest Worse

If you have been arrested for a crime in Miami or any of the surrounding areas is what you do is just as important as what a criminal defense lawyer can do on your behalf. A lawyer should always be retained in order to protect you but there are several other steps that you should take as well in order to minimize your chances of a negative outcome.

Of course each case depends on the unique circumstances and the charges against you but several common things will always apply in these situations. Here are several things to do or not do in order to uphold your rights and give you the best possible chance of a successful outcome in Florida`s criminal justice system.

Maintain Your Silence

You have the constitutional right to remain silent and it is one that you should exercise in any situation. You are not obligated to provide police officers with any further information about your case or your unique circumstances. Wait to speak to your lawyer and exercise your right to remain silent. Giving up information could actually make things worse for you..

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What a Misdemeanor Arrest in Miami Means?

When you have been arrested for any crime including misdemeanors in Miami it is important to understand your rights and know what you need to do moving forward.

Small mistakes at the outset of the process can actually make your case more difficult and increase your chances of being unsuccessful in the event that your charges do go through the criminal justice process.

It is imperative to understand what you need to do in the immediate moments after being arrested. Try to maintain your calm even though this is an emotionally difficult time. What follows are several steps that you need to take after being arrested for misdemeanor in Miami.

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Watch Out for False Police Reports

Any citizen is allowed to file a police report by exercising his or her civil rights. When an officer receives a request for a police report, he or she must take a statement from the individual who made the report and investigate the claim more thoroughly. However, situations where a false report is filed can lead to consequences.

One of the charges faced by individuals who are accused of filing a false police report is obstruction of justice and this can have devastating impacts on your future.

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Top Four Common Federal Crimes

Although the majority of crimes are prosecuted at the state level in Florida, the federal government has jurisdiction over some kinds of criminal acts. Criminal defendants are most likely tried in federal court for violating federal law or for any acts that are illegal at the federal and the state level.

Since federal prosecutions tend to lead to stricter sentences, it is critical to work with a knowledgeable attorney who is well versed in managing federal criminal defense. Here are several of the most common federal crimes individuals are charged with according to data compiled by the National Criminal Justice Reference Service.

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Working with A Miami Criminal Defense Attorney – What to Expect

If you have recently been charged with a crime, it is possible that you are feeling frightened and overwhelmed. You are likely looking for the best legal resource to turn to.

When you are facing any kind of criminal conviction, it is easy to find yourself in this position of feeling overwhelmed and not being sure about your next steps.

You may be worried about your reputation, your freedom, your relationships and your finances. This is why it is essential to identify a Miami criminal defense lawyer as soon as possible.

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