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Articles Posted in Evidentiary Issues

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Can the Prosecutor Use a Defendant’s Attorney to Testify Against the Defendant in a Criminal Case?

Most people even marginally familiar with criminal law and evidentiary issues understand that there is a special relationship and privilege between a lawyer and his/her client and that a defendant’s lawyer would never be able to testify against the client in a criminal trial. However, that seemingly obvious conclusion may…

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In Florida, Statements Made After an Accident May Not Be Admissible in DUI Case.

In any driving under the influence of alcohol or drugs (DUI) case in Florida, the state has to prove that the defendant was actually driving, or in actual physical control of, the vehicle. That seems obvious, but it may be problematic for the state in situations where the police respond…

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