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20 Apr 2014, 2:23 pm by Stephen Bilkis
The section is designed to protect the rights and interests of defendants as well as the interests of victims. [read post]
9 Oct 2014, 6:38 pm by Donald Thompson
 Defense counsel’s failure to have a defendant testify at the grand jury does not, per se, constitute ineffective assistance of counsel (People v Jiminez, supra; see also, People v. [read post]
14 Jul 2012, 5:11 pm
Florida is the only state in the country that does not require the prosecution prove that defendant citizen knew the substances they were carrying were illegal. [read post]
14 Jul 2012, 5:11 pm
Florida is the only state in the country that does not require the prosecution prove that defendant citizen knew the substances they were carrying were illegal. [read post]
If the drug is in a place over which the Jacksonville criminal defendant does not have control, the State must prove his or her (1) control over the cocaine and (2) knowledge that the cocaine was there. [read post]
30 Aug 2012, 9:47 am by Andres
Does that make me a bad person? [read post]
21 Nov 2018, 10:52 am by Mark Tabakman
It is not often when an employer defends a FLSA lawsuit by asserting that it is in an illegal business and therefore immune to suit. [read post]
21 Jan 2021, 11:32 am by Jonathan F. Marshall
A defendant, conversely, does not bear any burden of proof and is not required to offer any evidence. [read post]
27 Nov 2019, 8:37 am by Shorstein, Lasnetski & Gihon
Once the defendant makes an initial case of self defense, state has the burden of proving the defendant did not have a valid basis to use force or that the Stand Your Ground law does not apply for legal reasons, and if the state fails to do so, the judge should rule in the defendant’s favor and the case is over. [read post]
13 Jan 2017, 12:10 pm by Shorstein, Lasnetski & Gihon
However, once the suspect is clear that he/she does not want to talk to the police or wants to speak with a lawyer, the police are required to shut down any attempts to take a statement from the suspect. [read post]
17 Oct 2014, 7:47 am by Rory Little
On certiorari, Jennings argues that the winning party does not usually have to file a notice of appeal to defend his win; rather, a winning party is usually permitted to advance any argument on appeal to defend the judgment he won, so long as he does not seek to expand it. [read post]
4 Mar 2011, 7:00 am
If the defendant does not return to court as required bail can be forfeited. [read post]
30 Jul 2009, 8:12 am by Nissenbaum Law Group
., 2009 WL 774474, the defendants had sold the plaintiff a motel business; the real estate upon which the motel resided; and adjacent property. [read post]