In the past few weeks unKAP-ed Legal, PLLC has come across the issue of whether a civil attorney can “threaten” criminal prosecution in a demand letter or civil litigation. The answer is not as clear cut as one might think, and largely depends on the purpose of the threat. The American Bar Association (hereinafter, “ABA”) “Model … Read more…
Since the United States Supreme Court rule in U.S. v. Sharpe, there has been an abundance of case law relating to the length a suspect may be detained during a traffic stop. 470 U.S. 675 (1985). Many, if not all of the cases analyzing this question are in the context of a lawful traffic stop, … Read more…
Although we all believe that we can wear any legal hat, sometimes it can be easy to forget that the world of appeals is miles away from the trial realm. What I mean to say is that maybe you should consider hiring an appellate attorney for your unique DCA issues – instead of ‘winging it.’ … Read more…
It happens to the best of attorneys – the moment you realize that you have filed a Complaint or an Answer and you’ve left out a cause of action or relevant affirmative defense. This is critically important, especially if you’ve left out a defense – under Rule 1.140, Florida Rules of Civil Procedure, most defenses, … Read more…
If you are charged with a felony offense in Florida, the Criminal Punishment Code requires that you be sentenced in accordance with a “score sheet.” Essentially, the score sheet contains the following information: 1) a criminal history of any criminal act, for which the Defendant has been convicted; 2) a list of the current charges … Read more…
Criminal cases general resolve in one of two ways: plea bargain, or trial. Although all criminal defendants have a right to have their case decided by a jury of their peers, in practice, a vast majority of criminal cases resolve with a plea. A plea bargain can be “open” or “negotiated.” The former meaning that the … Read more…
unKAP-ed Legal, PLLC was recently commissioned to research character evidence in a trial with a plethora of interesting character evidence issues. The experience inspired this post, which will hopefully serve as a very quick, admittedly cursory brush up on Federal Rule of Evidence 404 – character evidence. Like most attorneys, counsel in our case sought to introduce damning … Read more…
In the criminal realm, a conviction of guilt is almost never the end of the story or the resolution of the case. More often than not, an appeal is taken, challenging evidence that was rightfully or wrongfully excluded (or included), or other judicial acts that erroneously occurred during the trial. Importantly, in Florida, the right … Read more…
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