Criminal procedure The law of criminal procedure regulates the modes of apprehending, charging, and trying suspected offenders; the imposition of penalties on convicted offenders; and the methods of challenging the legality of conviction after judgment is entered. Litigation in this area frequently deals with conflicts of fundamental importance for the allocation of power between the state and its citizens.
Watch and hear Mr. You now need proper guidance and must explore how to move forward by understanding the charges alleged, and comprehending what steps need to be taken next. If you live in this area of South Florida, a knowledgeable criminal defense lawyer will be the key to a successful defense for you or those you care about.
A lot of information can be found on the pages of this site that can address some of the questions you may have as well as providing a basic understanding of how to move forward. Depending on the charges brought by the prosecution, you may need a talented, experienced criminal attorney to go to bat as your advocate and address any charges that may have been filed or are pending.
Please watch the above video to get a feel of whom I am, what my qualifications are as a proficient criminal defense attorney and what my law firm can do to assist with any obstacles encountered during this difficult period of uncertainty.
My law offices are conveniently located in Fort Lauderdale and West Palm BeachFlorida and I am pleased to meet with you at whichever location suits your geographic proximity.
The Law Offices The issue of insanity in a criminal trial Michael B.
Example of Criminal Procedure Issues. Review the example in Section “Example of Criminal Law Issues”.Assume that Linda and Clara attempt to leave the store and an alarm is activated. Linda begins sprinting down the street. Chapter VICTIM'S RIGHTS. Definitions. As used in this chapter: "Crime" means any of the following: A felony; A violation of section , , , , , , , , or of the Revised Code, a violation of section of the Revised Code as it existed prior to March 23, , or a violation of a substantially equivalent municipal. Free Consultation - Call () - Law Office of Michael B. Cohen aggressively represents the accused against charges in Criminal & Criminal Defense cases.
Back to Top Types of Cases we Handle As a criminal lawyer, I have been advising and successfully defending cases for the citizens of South Florida with positive conclusions for close to twenty years; since I left the prosecutorial side of the criminal law community and became a criminal defense attorney serving the general public.
A percentage of my successes as a federal criminal defense attorney include the following legal categories: Federal Cases of varying types such as Federal Tax Evasionwhich in many cases may arise from an underlying federal infraction.
The prosecution in a federal case will use complications based on alleged criminal tax issues found in your personal or business returns and other documents to try to reach a plea deal or have you flip on another suspect or defendant that they feel is of more value to them than you are.
With my help, challenging this charge can ultimately work in your favor. If a case involving drugs reaches a federal level it usually means that the charges are much more substantial and have the potential to impose much longer sentences for a guilty plea or verdict by a federal court than cases tried by the state which usually deals with cases of less significance.
Other areas of federal law that my skillful proficiency can assist with are Capital CrimesFederal Weapons ChargesContract Killing accusations and RICO charges as well as all other federal crimes alleged by the government relating to federal charges as a whole.
Expanses of federal law prosecuted under the focus of fraud with sub topics of mailwiretax fraud and mortgage fraud are all areas of federal law that my law office has had significant trial experience with.
Most of these cases are settled by agreement between a client and the government through the process of a plea agreement. Through some of these cases the crimes of identity theft and money laundering has ascended and have been added as separate charges to these cases or have been argued on their own individually.
Cohen handles all criminal matters filed as state prosecutions throughout the State of Florida with an emphasis within the tri-county Dade, Broward and Palm Beach County areas.
Moreover, as a Criminal defense attorney serving Fort Lauderdale, I have successfully defended a multitude of cases relating to driving under the influence of alcohol and other crimes related to illegal usage of alcohol in state court.
Throughout the years, working on both sides of the legal spectrum, my law firm has secured many relationships with members of the prosecution and law enforcement community, as well as agents of the FBI and other law enforcement agencies.
These relationships can assist my advantage in and before trials begin, relating to significant cases which can be labeled high profile or may yield extensive sentences. My firm is well-versed in the defense of homicide cases of all types, including Capital crimes where an unwanted outcome could be life-changing.
In many of these cases I have been able to have charges reduced lessening the punishment of potentially many years behind bars to a much lower outcome. This honor is only maintained by a minimal proportion of all lawyers in the state of Florida. As a criminal lawyer I have effectively defended clients throughout numerous criminal trials, including those where prosecution by the government has alleged charges of murder, fraud, drug trafficking and additional sophisticated federal cases in addition to charges by the state.
If the unfortunate event arises where you, a friend or loved one is charged with allegations of a capital offense, felony or a less serious misdemeanor, my criminal defense law firm is committed to protecting your rights under Florida state laws as well as federal charges protected under the Constitution.
Back to Top Florida State Criminal Law Over the course of my career as a criminal defense attorney primarily serving Fort Lauderdale I have represented clients throughout the state of Florida, focusing but not limited to the geographic locations of Dade, Broward and Palm Beach Counties.
My representation has been administered throughout the complete scope of all criminal law processes, comprising: My experience as a criminal attorney is also proficient in matters regarding probation and sentencing hearings.
A Grand Jury is principally used in federal prosecutions. In a Grand Jury hearing, evidence is presented by the government to a group made up of sixteen to twenty-three persons. My proficiency in this category of the criminal law process provides these individuals with critical guidance regarding their presence at the hearing by acquiring immunity from prosecution in the case at hand or by directing individuals of their right to assert Fifth Amendment protection against self-incrimination.
Although many assume that a grand jury proceeding is secret, legitimate means exist to acquire the material content and dialogue of this type of proceeding. Representation by a proficient criminal defense attorney in Fort Lauderdale as an ally at this serious juncture of a criminal case is vital.
To read more about the Grand Jury Process, click here. In some cases there may be reason to throw out a guilty plea. This situation also holds true if the judge decides that the defendant did not fully understand the charges brought against him as well as what the potential consequences could be for their admission of guilt.
These two examples may hold true even if the defendant did not make the request personally or through a criminal defense attorney. In addition to these examples, there are many others. If it is found that your attorney did not represent you properly, a guilty plea can also be set aside.
This is known as ineffective assistance of counsel and there are many instances where this may apply. The one thing they all have in common is that if recognized by the presiding judge, any of them will give the defendant the entitlement to a new trial.Criminal Procedure (Insanity) Act CHAPTER An Act to amend the form of the special verdict required by section 2 of the Trial of Lunatics Act and the procedure for determining whether an accused person is under a disability such as to constitute a bar to his being tried; to provide for an appeal against such a special verdict or a finding that the accused is under such a.
The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council. Duhaime's Criminal Law Dictionary Criminal Law is that body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by .
Rules of Criminal Procedure. Arrest warrant or summons upon complaint. Issuance. — If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any .
The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.
(a) Procedures for discovery (1) Automatic discovery (A) Mandatory discovery for the defendant. The prosecution shall disclose to the defense, and permit the defense to discover, inspect and copy, each of the following items and information at or prior to the pretrial conference, provided it is relevant to the case and is in the possession, custody or control of the prosecutor, persons under.