FLORIDA CRIMINAL DEFENSE – RIGHT TO ALLOCUTE FLORIDA SUPREME COURT DISCUSSES RIGHT TO ALLOCUTE PRIOR TO BEING SENTENCED the right to allocute to a sentencer prior to being sentenced is a fundamental right in American criminal law On June 2, 2022, the Florida Supreme Court issued its opinion in Burns v. State. The facts of Burns are […]
Psycho-Sexual Evaluations A psycho-sexual evaluation is a structured interview and a battery of psychological assessments designed to evaluate sexual interests and sexual behavior. Attorney Patrick Korody is an experienced sex crimes attorney. If you are charged with a military sex crime or a state or federal sex crime in or around Jacksonville, Florida, call Attorney
Do police have a right to stop me if I have done nothing wrong? Whether the police have a right to stop you depends not on what you know but on what the police believe. Obviously the police can stop you if you have committed a traffic violation or a crime a in their presence.
Do I have to speak to the police if I am stopped? Read More »
The Expansion of “Routine Booking Questions” The “Routine Booking question” exception permits the police during custodial interviews to ask certain information about the suspect so that they can identify him or her and ensure his or her safety while in police custody. In Pennsylvania v. Muniz, 496 U.S. 582 (1990), the United States Supreme Court,
A junior member of the military is accused by another military member of sexual assault. Witnesses state and cell phone videos capture the two flirting and engaging in what appears to be consensual physical contact. Video shows them going into a barracks room. Twenty minutes later, video shows the pair leaving the barracks room –
In State, Federal, and Military Courts, almost every case now involves a smart phone: phone logs, text messages, photos, contacts, email…. you name it, and the police want access to the treasure-trove of information on the phone. There are so many legal issues when it comes to searches of smart phones – vague and overbroad
Compelling Cell Phone Passwords So the Police Can Get into the Phone Read More »
I rarely bad mouth active duty JAGs who serve as assigned military defense counsel. One reason is that I was one of them. I supervised them. I trained them. Every day there are court-martial being defended where I had some type of impact on either the judge, prosecutor, or defense counsel. In my reserve capacity
Court-Martial Defense – The investment in a court-martial defense team Read More »
Florida’s “10-20-Life” law is a law that requires courts to impose a minimum sentence of 10 years, 20 years, or 25 years to life for certain felony convictions involving the use or attempted use of a firearm or destructive device. If the firearm is an assault weapon or machine gun, they must impose a sentence
Whether it is a State, Federal, or Military criminal prosecution, the loss of evidence or the failure to preserve favorable evidence can undermine a criminal defendant’s ability to successfully mount a defense. The police/investigators are the first persons investigating a crime. They do this, normally, before anyone has been charged and hopefully soon after the
Loss of Evidence in a Criminal Case – Any Relief? Read More »
In criminal law, the purpose of a court ordering restitution is to make a victim who suffered a loss from the criminal activity of the defendant “whole.” Making a victim “whole” means financially reimbursing the defendant for losses including out-of-pocket expenses related to the criminal activity. Making a victim whole, however, doesn’t necessarily mean the
Restitution in Federal Cases – Don’t expect to just give back what you received. Read More »