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Criminal Defense | Criminal Appeals | Civil Appeals

Articles

SHOULD I SPEAK TO THE POLICE?

Posted on October 9, 2018 at 2:50 PM

      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, i...

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Child Abuse Hearsay for the Family Law Practitioner

Posted on January 23, 2013 at 7:45 AM

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 admis...

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Recording Conversations Can Be Illegal

Posted on January 23, 2013 at 7:45 AM

Have you ever had a client come to you with the idea of secretly recording a conversation? Or worse yet, bring you a tape they surreptitiously made? Florida Security of Communications Act, Chapter 934 of the Florida Statutes, recognizes that oral, electronic, and wire communications are private, unless both parties consent, and cannot be recorded, absent a specific statutory exception. The legislative intent behind this statute is to safeguard the privacy of innocent people to prevent unauth...

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