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Author: Malcom Bloczynski
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Displaying 1 to 10 of 17 articles |
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Articles by Malcom Bloczynski |
1. Florida's Supreme Court Rules DHSMV Administrative Hearing Officers are Required to Determine the L
December 24, 2012
Pursuant to Florida Law, a person who is lawfully arrested for DUI must submit to a chemical test at the request of the arresting officer. If an individual refuses to submit to the test, that person's license to drive will be suspended for 1 year for a first offense. The obligation to submit to a ...
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2. Criminal Defendant Accidentally Furnishes Confession Not Aware of Recording Device in Police Car
December 22, 2012
The legal meaning of the term "hearsay" is "an out of court statement that only has evidentiary value for the truth of the matter asserted." Hearsay is typically excluded from trials as it's presumed to be unreliable. However, there are lots of exceptions to the general rule. An out of court decl...
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3. The Smell of Marijuana the Automobile Exception & Probable Cause
December 17, 2012
The exclusionary rule is a legal principal which is applied in criminal prosecutions. The application of the exclusionary rule is to prohibit the prosecution from introducing certain evidence that the court determined was obtained in violation of a defendant's 4th Amendment Rights guaranteed in the...
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4. Defendant Wins DUI Manslaughter Appeal Proves to be a Shallow Victory
December 14, 2012
When a defendant appeals a Judge's decision not to grant a mistrial for an inappropriate statement made by an assistant state attorney, the State of Florida has the burden of showing to the court of appeal that there exists no reasonable probability that the statement or remark affected the jury ver...
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5. Sentencing Court Required to Set Probation Payment Schedule Dependant on Defendant's Ability to P
December 12, 2012
A violation of your probation must be both willful and substantial in order for the trial court to either modify or revoke your probation for a violation. The word willful is a relatively simple concept, but is very important in probation violation hearings. In order for the court to find a person...
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6. County Court's Order Denying DUI Defendant's Motion to Withdraw Plea of No Contest Affirmed Distri
December 10, 2012
A defendant in a criminal case is entitled, as a matter of right to be represented by an attorney when that individual is accused of a crime wherein jail time or an adjudication of guilt is a possibility. An individual is entitled to defend himself in a criminal proceeding if he desires to do so. ...
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7. Circuit Court Must Resentence or Explain 50 Year Sentence in DUI Manslaughter Case
December 07, 2012
vs.v.} State, the district court of appeal reversed the circuit court's order denying the defendant's motion to correct an illegal sentence for his DUI convictions. The Defendant was convicted of four counts of DUI manslaughter and 1 charge of DUI resulting in serious bodily injury, &and was senten...
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8. Florida Appellate Court Affirms Circuit Court's Ruling Denying Defendant's Motion for Mistrial Issu
December 05, 2012
With very limited exceptions, if a lawyer fails to object to the introduction of evidence during trial, that issue can not be appealed. A good trial preparation strategy is to look at a case from an appellate point of view. Usually, there are no big surprises due to the fact that discovery is prov...
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9. District Court of Appeal in Florida Affirms Circuit Court's Ruling DenyingA Defendant's Motion to S
December 04, 2012
It is not uncommon for the police to use a drug-dog in an attempt to locate narcotics when a driver of a automobile refuses to give police officer permission to search his or her automobile. What a lot of people do not know is that the drug-dogs don't always provide correct results. Even though de...
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10. District Court Declines to Intervene in License Suspension in DUI Appeal
December 03, 2012
In the case of Department of Highway Safety & Motor Vehicles vs. Carillon the First District Court of Appeal denied a petition for a writ of certiorari filed by Florida Department of Highway Safety and Motor Vehicles otherwise known as the DHSMV, seeking review of an order of the circuit court, sitt...
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