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Author Archives: amorgan
What is Hearsay?
Hearsay is testimony that is given by a witness who relates not what he or she knows personally, but what others have said, and that is therefore dependent on the credibility of someone other than the witness. Such testimony is generally … Continue reading
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Do I Have a Right to Bond?
All persons in custody for the alleged commission of a crime are entitled to pretrial release on reasonable condition, unles (i) charged with a capital offense or an offense punishable by life imprisonment and (ii) the proof of guilt is … Continue reading
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Can you convict someone of kidnapping when they steal a car that has a child inside?
Delgado v. State, Florida Supreme Court (9/15/2011) Defendant who stole vehicle while a 2 year old child was asleep in the backseat was erroneously convicted of kidnapping because the defendant was not aware of the presence of the child when he … Continue reading
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If arrested how quickly will you see a Judge?
Every arrested person including juvenile defendants must be taken before a Judge within 24 hours of arrest, either in person or by closed circuit TV. The Judge must advise the defendant of the charge(s) against them and furnish them with a copy … Continue reading
Posted in Crimes, Criminal Law, First Appearance
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Jurisdiction of Appellate Courts
Four levels of courts have subject matter jurisdiction in criminal cases: county courts, circuit courts, district courts of appeal, and the Supreme Court of Florida. County court cases are appealed to the circuit court then the district court and finally … Continue reading
Posted in Appellate Courts, Crimes, Criminal Law, Felony, Misdemeanor, Supreme Court
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What Cases are Handled in Circuit Courts?
Four levels of courts have subject matter jurisdiction in criminal cases under Florida law; county courts, circuit courts, district courts of appeal, and the Supreme Court of Florida. There must be at least one in each of Florida’s 20 judicial … Continue reading
What Cases are Handled in County Courts?
Four levels of courts have subject matter jurisdiction in criminal cases under Florida law; county courts, circuit courts, district courts of appeal, and the Supreme Court of Florida. County courts are always trial courts and there must be at least … Continue reading
Posted in County Court, Crimes, Criminal Law, First Appearance, Misdemeanor
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Can you be Charged with Burglary of your Apartment?
The answer is NO but I have handled cases where clients have been arrested by the police and charged by the State Attorney’s office with a burglary of an apartment they shared with a girlfriend or boyfriend. On August 23, … Continue reading
Posted in Burglary, Crimes, Criminal Law, Domestic Violence, Felony
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Classes of Criminal Offenses
At Canan Law we handle the following criminal offenses in both State and Federal Court: Felony: A felony is any criminal offense punishable by death or incarceration in a State or federal facility for a period exceeding one year. [Fla. … Continue reading
Posted in Crimes, Criminal Law, Felony, Misdemeanor, Traffic Tickets
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