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Tag Archives: Witnesses

Domestic Battery – What if there isn’t a victim to testify?

Many Tampa criminal defense attorneys are asked this question by their clients when they have some sort of a relationship with the victim such as wife/husband or girlfriend/boyfriend in a domestic battery case, how the State Attorney’s Office can go forward on the charge?  Ultimately, the simple fact is that many Assistant State Attorneys go […]

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Who goes first in a criminal trial?

During a Florida criminal trial, the State Attorney’s Office is able to present evidence first and last because they have the burden of proof in prosecuting the case.   Tampa criminal lawyers are “sandwiched” between the State Attorney’s Office presentation of evidence.   Following the state attorney’s presentation of evidence, the defense then gets to present its […]

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Brandon Violent Crimes Attorneys – admit affidavits or letters in my defense?

Many Brandon Violent Crimes Attorneys are repeatedly asked this by clients, who are seeking to introduce affidavits or letters from their witnesses supporting their case.  Unfortunately, these writings are generally excluded under the hearsay rules of the Florida Evidence Code.  As you can imagine, this hearsay rule works both ways, sometimes for the benefit of the […]

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Tampa Domestic Violence Attorneys – Why do I need one?

Tampa domestic violence attorneys are often explain the most obvious difference is in domestic battery is that the alleged victim has some sort of familial or otherwise relationship with the accused. Additionally, the overwhelming majority of judicial circuits in Florida have courts and prosecutors specifically assigned to prosecute domestic related batteries, especially misdemeanor charges.  This is […]

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Do I have to actually touch someone to be charged with simple battery?

Tampa criminal defense attorneys are often asked about simple battery because it is a very common charge and often involves normal folks making a simple, onetime mistake.   Florida Statute Section 784.03 defines simple battery and provides the potential maximum sentence for the charge.  The above-referenced situation most commonly occurs when someone swings a closed fist […]

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Can we get the surveillance footage?

Many cases depend on whether attorneys are able to get the surveillance footage of the alleged events.  Tampa criminal defense attorneys are often requested by their clients to immediately obtain the surveillance footage of their alleged crimes.  Everyone is well aware of the widespread use of surveillance cameras throughout our communities, including personal residences, shopping […]

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My Ex-Husband or Ex-Wife lied on Their Financial Affidavit, What Can I Do?

This is one of the most common issues raised to St. Petersburg family law attorneys during family law cases by the opposing parties.  They know their ex-spouse is hiding assets and overstating their expenses in their financial affidavit, but cannot prove it through documented evidence.  Frankly, “they lied on their financial affidavit” is likely one […]

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Clearwater Domestic Violence Attorneys:The witness isn’t showing up…

Few words strike fear in the heart of a Clearwater Domestic Violence Attorneys like those highlighted above. If there is one thing that has put more individuals in jail than anything else, it has been going to trial with the mistaken belief that the witnesses are simply not going to show up. Many individuals assume their […]

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Wesley Chapel Criminal Defense Attorneys – victim be in court?

Wesley Chapel Criminal Defense Attorneys are often asked about whether the victim and/or witness has to be in court every hearing.  The overwhelming majority of court appearances are what we would consider housekeeping court appearances. For example, they are simply to ensure the case is moving along as needed. So to answer the question raised […]

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Can I Call a Witness in My Defense during trial?

Trial Procedures: Can I call a witness in my defense during trial? Our next entry in our basics of Florida criminal procedure series regards whether an accused can call their own witnesses and present their own testimony at their trial. One of the most common questions by those accused of a crime are when are […]

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