CRIMES 50 ‘most charged’ crimes defined MURDER The unlawful and premeditated killing of a human being. Killing with premeditation is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of…
CRIMES 50 ‘most charged’ crimes defined MONEY LAUNDERING A Defendant can be found guilty of this offense only if all of the following are proved beyond a reasonable doubt; The defendant knowingly engaged, or attempted, to engage in a monetary transaction. The defendant knew the transaction involved criminally derived property.…
How to get a Federal Judge to dismiss your indictment if you are charged with Human Trafficking and the charge involves sex with a minor and there was in fact no minor If you have an attorney, you should share this blog with him/her. If you are representing yourself (no…
CRIMES 50 ‘most charged’ crimes defined MANSLAUGHTER Manslaughter is killing a human being without malice, and without premeditation, and without justification or legal excuse. It is taking a human life by culpable negligence, but without the specific intent to cause death. Manslaughter differs from murder: malice (evil intent) and premeditation…
HOW TO REDUCE YOUR FEDERAL PRISON SENTENCE IF THE GUIDELINES CHANGED The Guidelines Commission has closed the comment period for a proposed rule change on how to reduce your federal prison sentence IF a revision to the Guidelines is in your favor: That means, IF you were before a federal…
CRIMES 50 ‘most charged’ crimes defined LEAVING THE SCENE OF AN ACCIDENT To prove the crime of leaving the scene of an accident the state must prove: Defendant was the driver of a vehicle involved in an accident resulting in property damage, (usually means over $100.00) injury (or death)…
CRIMES 50 ‘most charged’ crimes defined What is a FELONY? A felony is any crime which is punishable by one year or more in prison. Felonies are divided into degrees. Felonies also carry a loss of civil rights: -the right to vote -the right to hold elected office -the…
CRIMES 50 ‘most charged’ crimes defined WHAT IS A MISDEMEANOR? A misdemeanor is any crime which is punishable by a stay in the county jail of up to 364 days. You go to jail for violating a misdemeanor statute. You go to prison for violating a felony statute. You do…
DEVELOPMENTS IN FLORIDA CRIMINAL LAW: DISMISSING CASES DUE TO DELAYS BY THE PROSECUTION IN FILING AND ARRESTING DEFENDANTS Good wine, good romances, good cheese, all improve with age. It’s also true of criminal cases. One of the least used and least understood motions in Florida is a motion to dismiss,…
CRIMES 50 ‘most charged’ crimes defined BURGLARY Burglary is trespass PLUS an additional criminal act. The intent to commit a criminal act must have been formed before the trespass for the charge of burglary to be proven. There are different punishments for different fact patterns. Burglary of an occupied…