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Articles Posted in Case Law Updates

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Federal Safety Valve: The Supreme Court Dramatically Reduces Eligibility For Sentences Below the Minimum Mandatory in Federal Drug Offenses

In federal criminal courts, when a person is convicted of a drug offense with a minimum mandatory sentence provision, there are only two ways that allow a federal judge to go below that statutory minimum mandatory sentence: a 5K motion filed by the federal prosecutor if the client provides substantial…

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What if the State doesn’t give me a speedy trial?

Every person charged with a crime in the United States is entitled to a speedy trial.  This is a federal constitutional right guaranteed by the Sixth Amendment to the United States Constitution which states, [i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…” …

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Is There a Deadline to File a Motion to Dismiss Based on Self Defense in the State of Florida? 

The Florida Legislature has granted immunity from prosecution to any person who acted in lawful self defense.   Fla. Stat. §776.032 provides that any person who acts with justifiable use of force is immune from criminal prosecution and civil action.  “Criminal prosecution” includes arrest, detention and being charged or prosecuted.   …

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Florida District Court of Appeals Criminal Law Update (January 23, 2023 – January 27, 2023)

The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (January 23, 2023 -January 27, 2023) Listen to this week’s The “Cite” of the Crime Podcast episode here. OVERVIEW – 6 0 – Florida Supreme Court Cases 1 – First DCA Cases 2 – Second DCA Cases 2…

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Federal 11th Circuit Criminal Case Law Update (January 16, 2023 – January 20, 2023)

The “Cite” of the Crime Podcast CASE SUMMARIES Federal 11th Circuit Criminal Case Law Update (January 16, 2023 – January 20, 2023 ) Listen to this week’s The “Cite” of the Crime Podcast episode here. OVERVIEW 11 cases 3 published decisions 8 unpublished decisions This week we have a Guideline…

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Florida District Court of Appeals Criminal Law Update (January 16, 2023 – January 20, 2023)

The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (January 16, 2023 – January 20, 2023) Listen to this week’s The “Cite” of the Crime Podcast episode here. OVERVIEW –  0 – Florida Supreme Court Cases 0 – First DCA Cases 3 – Second DCA Cases 0…

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Florida District Court of Appeal Criminal Law Update (January 9, 2023 – January 13, 2023)

  The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (January 9, 2023 – January 13, 2023) Listen to this week’s The “Cite” of the Crime Podcast episode here.   OVERVIEW –  0 – Florida Supreme Court Cases 1 – First DCA Cases 3 – Second DCA…

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Florida District Court of Appeals Criminal Law Update (December 12, 2022 – December 16, 2022)

The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (December 12, 2022 – December 16, 2022) Listen to this week’s The “Cite” of the Crime Podcast episode here. OVERVIEW – 6 0 – Florida Supreme Court Cases 3 – First DCA Cases 2 – Second DCA Cases…

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Federal 11th Circuit Criminal Case Law Update (December 5, 2022 – December 9, 2022)

The “Cite” of the Crime Podcast CASE SUMMARIES Federal 11th Circuit Criminal Case Law Update (December 5, 2022 – December 9, 2022) Listen to this week’s The “Cite” of the Crime Podcast episode here. OVERVIEW – 1 case 1 published decision 0 unpublished decisions 8 miscellaneous cases not discussed on…

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Florida District Court of Appeal Criminal Law Update (December 5, 2022 – December 9, 2022)

The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (December 5, 2022 – December 9, 2022) Listen to this week’s The “Cite” of the Crime Podcast episode here. OVERVIEW – 7 0 – Florida Supreme Court Cases 3 – First DCA Cases 3 – Second DCA Cases…

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