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Category Archives: Criminal Law

Released

Nolle Prosequi And Other Anticlimactic Endings To Your Criminal Case

By William Wallshein P.A. |

How would you feel if you were facing criminal charges, preparing for trial or trying to decide whether to accept a plea deal, and suddenly your criminal defense lawyer called you to tell you that your case was over?  Until you enter a guilty plea or until the jury returns a verdict at your… Read More »

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Intent

The Lack Of Criminal Intent Defense

By William Wallshein P.A. |

Long before you were old enough to be tried as an adult in the criminal justice system, an authority figure such as a parent or teacher probably told you that ignorance of the law is not an excuse for breaking it.  There are no crimes where you can be acquitted simply by proving that… Read More »

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Oath

Is It A Good Idea To Testify At Your Own Criminal Trial?

By William Wallshein P.A. |

Defendants in criminal cases have the right to remain silent.  They also have the right to tell their side of the story.  Deciding whether to testify at your own criminal trial is a big decision, as big as the decision regarding whether to plead not guilty and go to trial or to plead guilty… Read More »

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Eyewitness Testimony Is Overrated

By William Wallshein P.A. |

If you have gotten far enough in your criminal case that you have met with a defense attorney, then you probably know that most defendants plead guilty, and only a small percentage of cases go to trial.  Some defendants plead guilty because they readily admit fault and believe that, since a guilty plea usually… Read More »

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NotGuilty

Can Defendants Win Their Case At The Preliminary Hearing?

By William Wallshein P.A. |

When you first meet with a criminal defense lawyer after an arrest, you might be hoping that your lawyer will help you by persuading the jury to acquit you at your trial.  The chances are that your lawyer will not do this, because trials are only the outcome in a small fraction of criminal… Read More »

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Keep_Quiet

When To Speak And When To Stay Silent In Your Criminal Case

By William Wallshein P.A. |

Even though you probably already know that you have the right to remain silent while being questioned by police, the officer who arrests you must inform you of this upon your arrest, as part of the Miranda warnings.  The police might try to charm you into talking.  They might make friendly conversation or start… Read More »

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Alibi

Using An Alibi In Your Criminal Defense Case

By William Wallshein P.A. |

The alibi defense, in which you claim that you could not have committed the crime because you were somewhere else when it occurred, is one of the simplest defenses that defendants can use at a criminal trial.  You do not have to graduate from law school to understand the concept of alibi.  It is… Read More »

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DNATest2

Post-Conviction Relief: How And Why

By William Wallshein P.A. |

Only a tiny fraction of defendants in criminal cases make it their goal to have the last word; most of them just want to put their criminal cases behind them.  The vast majority of cases result in guilty pleas; defendants want their sentences to start and end as quickly as possible, so that they… Read More »

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AffirmativeDefense

Affirmative Defenses: Do You Dare To Confess While Maintaining Your Innocence?

By William Wallshein P.A. |

In civics class, your teachers make it sound like the answer to any question about whether you did what the police are accusing you of doing is a simple “yes” or “no.”  You begin your adult life thinking that, if the answer is, “yes, I did it,” then your criminal defense lawyer helps you… Read More »

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GavelBroken

Mistrials And Florida Criminal Law

By William Wallshein P.A. |

Due process of law requires that, in order to ensure a fair trial with a fair outcome, all parties must do everything right.  Prosecutors must disclose the evidence that they plan to present at trial, so that the judge can decide whether it is admissible in court, and the defendant can come up with… Read More »

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