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Category Archives: Criminal

CrimDef11

Understanding Florida’s Murder Laws – Degrees of Severity

By Velasquez & Associates |

Murder is considered the most serious crime that someone can commit. In many cases, an accused may try to plead innocent of all charges. But in other cases, the question may not be guilt or innocence, but rather, minimizing the sentence that could be imposed. In that case, it’s important to understand the differences… Read More »

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CrimDefLawyer

Incomplete or Inchoate Crimes

By Velasquez & Associates |

We all know that it is illegal to commit crimes. But what about trying to commit a crime? When can you be found guilty of committing a  crime that you tried to commit-but failed to complete? Inchoate Crimes These are called inchoate crimes, and we usually refer to them as “attempted” crimes. Of course,… Read More »

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BooksGavel

When Can You Assert the Fifth Amendment?

By Velasquez & Associates |

The fifth amendment is well known to people, and has become somewhat famous by its use in movies, and with certain government officials who seem to assert it quite often. But when can you assert the fifth amendment? What is the Fifth Amendment? The fifth amendment is the constitutional right to refuse to say… Read More »

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DNAEvidence

Do Police Need a Warrant Before Obtaining Your DNA?

By Velasquez & Associates |

We all know of the importance of DNA evidence in criminal cases. It can convict people definitively. It can get people who are wrongly convicted, released from prison. It is often the first thing police at a crime scene collect. But do police need a warrant to collect your DNA? The answer is more… Read More »

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PoliceArrest

Police Can Make Reasonable Mistakes When Stopping You

By Velasquez & Associates |

Even if you’re not a constitutional law scholar, you probably know that the constitution affords all citizens a right to freedom from unreasonable search and seizure under the 4th amendment. Any evidence obtained in violation of the 4th amendment cannot be used against you at trial (this is sometimes called the “exclusionary rule”). But… Read More »

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CrimJustice

Removing a Police GPS is Not Theft

By Velasquez & Associates |

The law of searches and seizures is always evolving as technology grows. For those accused of committing a crime, understanding privacy rights can be vital, as evidence obtained against you showing the commission of a crime cannot be used if it was obtained in violation of the constitution’s fourth amendment. Man Accused of Removing… Read More »

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CrimDef9

Police Need a Warrant to Use a Stingray Location Tracking Device

By Velasquez & Associates |

The law has caught up to technology when it comes to cell phones, and our constitutional rights to privacy in the data and information contained in our cell phones. When law enforcement stops us, they cannot search cell phones, unless they have a legally recognized exception, the same way that they would need to… Read More »

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Bail

Cash Bail System is Under Attack

By Velasquez & Associates |

The right to post bail in order to free someone from being detained while they await trial is a fundamental right of all Americans. Bail is written in our constitution. It has also become part of our culture, with bail hearings and bondsmen taking center stage in movies and TV. But the system of… Read More »

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Gavel_Cuffs3

What is Reasonable Suspicion?

By Velasquez & Associates |

The law is clear and established under our constitution: a police officer cannot stop you and hold you unless the officer has what is known as “reasonable suspicion” that a crime has been committed, or that you have broken a law. What is Reasonable Suspicion? Reasonable suspicion is the first step before getting to… Read More »

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