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Appeals in Criminal Law

Appeals in Criminal Law

In law, an appeal is a process for requesting a formal change to an official decision. An appellate court is a court that hears cases on appeal from another court. Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds. These grounds typically could include errors of law, fact, or procedure (in the United States, due process). In different jurisdictions, appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts. Criminal law states that any criminal convicted of a crime can opt for a criminal appeal. An appeal is something that is filed to determine whether or not… […]

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Opening Arguments in Criminal Cases

Opening Arguments in Criminal Cases

Stuart, FL (Palm Beach Post) Opening arguments are expected to begin today in the first-degree murder trial of Christopher Tomlinson, the man accused with his girlfriend of killing her stepfather with a Samurai sword. Tomlinson, 25, and Nicole Thornhill, 21, were arrested in April 2008 after Gerald Lee Jensen’s body was discovered in a Palm Beach County landfill. Police say the couple confessed to killing the 48-year-old Jensen inside the Stuart apartment they shared with him and Thornhill’s mother, Kristan Jensen. According to police reports, Tomlinson stabbed Gerald Lee Jensen first in the throat and then in his chest before the couple dumped his body in the apartment complex’s trash bin. Opening Statements in Criminal Cases “Well begun is half done” Aside from questioning, an opening statement is generally the… […]

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Tax Fraud and Charges

Tax Fraud and Charges

What exactly is tax fraud? Although the need to file a tax return is referred to as “voluntary compliance” – individuals must know the laws and must file when required to do so. Tax Fraud occurs when individuals working and earning income knowingly and intentionally fail to file their income tax return or falsify information on a tax return. Failing to state the correct amount of earned income, overstating deductions and exemptions and falsifying documents are all possible elements of tax fraud and are punishable in both criminal and civil jurisdictions. The process of concealing or transferring income and reporting personal expenses as business expenses are also examples of tax fraud and are actual violations of the law. Tax Crimes and IRS Charges Criminal Investigations can charge individuals with a… […]

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Motion to Suppress Evidence in Michael Kagdis Case

Motion to Suppress Evidence in Michael Kagdis Case

There is rich. There is super rich. Then there is Palm Beach. Palm Beach, Florida is a world unlike anywhere else – an ultra-exclusive island awash with spectacular estates and fabulously manicured lawns. It is a place where new money and old money play all day and party all night long. There are a few towns in America that are wealthier than Palm Beach but there is no town with more history or snob appeal. Even the rich get into trouble now and then. So what happens when a Palm Beacher gets arrested? They don’t retain a gentleman attorney from their country club. They go across Royal Park Bridge and hire an aggressive street fighter from West Palm Beach. Michael Kagdis, a famous Palm Beach resident, is out on bail… […]

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What is an Oral Argument?

What is an Oral Argument?

Florida Supreme Court offers the following definition of an Oral Argument: Oral argument is not really an “argument.” Rather it is more like a high-powered conversation between the justices and the attorneys. The attorneys have an opportunity to add to the arguments contained in their briefs (written arguments submitted to the court before oral argument). Oral argument also lets the attorneys clear up misconceptions or questions raised by their briefs. A case selected for argument usually involves interpretations of the U. S. Constitution or federal law. At least four Justices have selected the case as being of such importance that the Supreme Court must resolve the legal issues. An attorney for each side of a case will have an opportunity to make a presentation to the Court and answer questions… […]

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Credit Card Fraud in Florida

Credit Card Fraud in Florida

According to the U.S. Department of Homeland Security, the cost of credit card fraud may be as high as $500 million a year. Consumer pay for the fraud through higher finance charges, annual fees and increased costs for law enforcement investigations and prosecutions. To protect yourself against credit card fraud, consider the following: Protect your bills and credit cards Unscrupulous scam artists often raid mailboxes or use “phishing” scams online to gather credit card account numbers and other financial information. If your cards or bills are late, contact your credit card company. Sign all credit cards as soon as they arrive. Keep a record of your credit card numbers in a secure place and include in that record the expiration date, phone number and address of the card issuer. Check… […]

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Child Neglect Case in West Palm Beach

Child Neglect Case in West Palm Beach

Palm Beach Post. The mentally disturbed mother of a young girl who was found walking alone in the Westgate neighborhood of surburban West Palm Beach has been charged with child neglect without bodily harm, according to a Palm Beach County Sheriff’s Office affidavit. The sheriff’s affidavit states this isn’t the first time Gramson left her daughter alone. A neighbor told detectives Gramson walked off, leaving her daughter by herself two years ago. Child neglect is the most prevalent form of child maltreatment in the United States. According to the National Child Abuse and Neglect Data System (NCANDS), of the approximately 899,000 children in the United States who were victims of abuse and neglect in 2005, 62.8 percent (564,765 children) suffered from neglect alone, including medical neglect (USDHHS, 2007). According to… […]

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Weapons Charges in South Florida

FORT PIERCE, Fla.– An 18-year-old Fort Pierce Central High School student has been arrested for bringing a gun to the school. The St. Lucie County Sheriff’s Office says a school resource deputy arrested Jabaui Terrell German thanks to a confidential tip. “A tip from Treasure Coast Crime Stoppers indicated that a student at Fort Pierce Central High School wearing a light blue shirt had a gun in his ‘Iverson’ book bag,” said St. Lucie County Sheriff Ken J. Mascara in a written release. “Crime Stoppers passed the tip to deputies assigned to the high school…deputies located the student… grabbed his book bag and took the student into custody.” The Sheriff said deputies found a .25-caliber semiautomatic pistol as well as a clip loaded with four bullets. He’s charged him with… […]

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Human Trafficking In Florida

Human Trafficking In Florida

Human trafficking is a form of modern-day slavery in which victims are used for forced labor or sexual exploitation. The Trafficking Victims Protection Act (TVPA) is a federal law that criminalizes the act of human trafficking and was first signed into action in early 2000. According to U.S. law under the TVPA, human trafficking is defined as “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery”. The TVPA was reauthorized… […]

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Delray Beach Teen Sex Crime Defendant Appears In Court

20-year-old Francisco Henry appeared in front of a Palm Beach County judge yesterday, March 4th. He is accused of committing a vicious sex crime in Delray Beach, Florida, two weeks ago. Andrew Stine, the prominent West Palm Beach criminal defense attorney, is representing Mr. Henry and claims his client is innocent. The crime occurred on Thursday. February 18th. According to police, Francisco Henry and Spencer Britt, 17, robbed four teenagers who were playing cards in an abandoned house at gunpoint. Then, either Henry or Britt fired a handgun into a wall and forced the teenagers to engage in sexual acts with each other. Fingerprints that were found at the crime scene led investigators to Britt. Britt, who has a criminal history including car theft and battery, was arrested and is… […]

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