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Articles and Published Works Written by J. Andrew Crawford, Esquire

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My Loved One Was Convicted of a Crime–An Excessive Sentence Part III

My Loved One Was Convicted of a Crime–An Excessive Sentence Part III

If a person enters a plea to the judge, sometimes called an open plea, or if someone is found guilty after a trial, the next step in the process is a sentencing hearing. At the sentencing hearing, both the State and the defense advocate for an appropriate sentence. Generally, the court is more likely to sentence someone to jail or prison when a person is convicted after a jury trial. After 1998, when an individual is charged with noncapital felony, he or she is scored on a scoresheet pursuant to the Florida Criminal Punishment Code. The scoresheet provides the lowest permissible sentence...

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Should I Speak To The Police?

Should I Speak To The Police?

After there has been an allegation or report of a criminal offense, law enforcement officers will respond to the scene, investigate, and speak to various witnesses, including the person who they suspect of committing the crime. If you are suspected of a crime, the responding officers may try to question you at the scene or detectives assigned to the case may attempt to question you at a later time. When law enforcement suspects you of a crime, it is ALWAYS best not to answer any questions and to consult with an experienced defense attorney. Officers are trying to gather incriminating...

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Child Abuse Hearsay for the Family Law Practitioner

Florida Statutes § 90.803(23) provides a hearsay exception for statements of children with a mental, developmental, or emotional level of 11 or less describing any act of child abuse or neglect. This includes, any act of sexual abuse against a child, the offense of aggravated child abuse, the offense of child abuse, or any offense involving the unlawful sexual act, contact, intrusion, or penetration performed in the presence of, with, or on the declarant child. These statements are admissible in both criminal and civil proceedings, including dissolution of marriage proceedings and civil...

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