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Articles Posted in Defenses

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Court of Appeals Permits Investigatory Car Stop Against Florida Woman

The Fourth Amendment of the U.S. Constitution grants protections against illegal searches and seizures by law enforcement. When an alleged Fourth Amendment violation occurs, the criminal defendant can file a motion to suppress. If the court grants the motion to suppress, the evidence seized in the course of the illegal…

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Florida Court Remands Case, Highlighting Effect of Juvenile Offender Status on Sentencing

The U.S. Supreme Court in Miller v. Alabama held that the Eighth Amendment of the United States Constitution prohibits sentencing guidelines that require life imprisonment without parole for juvenile offenders. In response, the Florida legislature passed a new set of guidelines for sentencing people convicted of Florida juvenile crimes. The…

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New Stand-Your-Ground Law at Issue in Tampa Murder Trial

The Florida legislature recently passed an expanded version of Florida Statute section 776.032, or as it’s more commonly known, the Florida stand-your-ground law. The revised law shifts the burden of proof from the defendant, asserting the stand-your-ground defense, to the prosecution. Specifically, when a defendant raises a stand-your-ground defense, the…

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