Articles Posted in Informational

Being charged with a federal crime can be a scary thought, however, many don’t know that within three days of your arrest, you have the right to appear before a judge, also known as, a federal detention hearing. A federal detention hearing allows you to let the judge know that you are no danger to the community despite the charges filed against you. You will also have a better sense of whether there is probable cause for said charges and if there is a chance you may be released while you await your trial.

Your trusted lawyer will be allowed to present any evidence that can persuade the court you should be released on bond and once the judge receives this evidence and is convinced that you are not a flight risk or a danger to the community, he/she will approve your bail and set your next court date.

After Release

There is a common misconception that if you commit a crime, there are only two options: You are acquitted or you face jail time. However, an experienced criminal lawyer will inform you of pre-trial diversion programs. Everybody makes mistakes and fortunately, the state of Florida recognizes that many deserve second chances. Some offenders with little to no criminal history, including certain felony offenders, may be eligible to enter a pre-trial intervention program. Once the program is completed, the court will drop your charges. The state attorney’s office is also able to grant access on a case-by-case basis so even if you are not a first-time offender, you may still be able to participate in the program.

In most situations, pre-trial diversion programs focus on non-violent offenses and usually a person is ineligible if they are charged with any offense involving violence.

In order to qualify, you must meet the following:

State laws concerning concealed weapons work differently depending on what state you are in. Florida is known as one of the more lenient states in the U.S. to own firearms, but in order to do this, you need to have a concealed carry license. While The U.S. Supreme Court does say that Americans have the right to own firearms, they also restrict who can get them and how in order to keep the general public safe.

Florida has requirements in order for someone to obtain a concealed carry license:

You must be at least 21 years old (unless you’re in the armed forces).

Being found guilty of a criminal charge can be devastating news, but that doesn’t mean the fight is over. Sometimes the legal process can make errors and there are options designed to remedy these errors. One such opportunity is seeking post-conviction relief through newly discovered evidence (also known as after-discovered evidence). Post-conviction relief can help reduce a sentence or even overturn your conviction. If you’ve discovered new evidence that you believe can create doubt on your guilt, let us help you earn post-conviction relief.

Newly Discovered Evidence

To qualify for post-conviction relief through newly discovered evidence, the evidence must have:

Suppression Hearings

When a person faces criminal charges, the state or government must present evidence to obtain a conviction. One powerful tool used to counter evidence are suppression hearings. These special types of hearings are usually conducted before criminal trials start and are used to exclude or suppress specific evidence from being used in the upcoming trial. The most common and effective reason to file a motion to exclude evidence is when the evidence was obtained or collected through the violation of a defendant’s constitutional rights. Here at Michael B. Cohen, P.A. we can take a deeper look around the circumstances of your charges to provide the best defense.

Process of Suppression Hearings

Exculpatory evidence in its simplest form is any favorable evidence for a defendant in a criminal case that can be used to prove their innocence. In United States law per Brady v. Maryland, a defendant MUST be disclosed by prosecutors of ALL evidence they have before the defendant accepts a guilty or not guilty plea. This requirement falls under a constitutional right of due process for a defendant. Exculpatory evidence is significant because it guarantees a person will face criminal punishment only if they commit a crime. This might seem like common sense but prior to this requirement, innocent people were being charged with crimes simply because the prosecution opted out in sharing evidence that proved a defendant’s innocence. Understanding this right is crucial to your case and can be significant in a successful appeal if you were convicted.

In the State of Florida, under Fla.R.Crim. P. 3.220(b)(4), the right to exculpatory evidence is protected under A Notice of Discovery. This notice triggers a duty from the prosecution to provide your attorney and defense team all evidence they have collected including police reports, witness testimonies, and other documents. Attorneys in the state of Florida are required to take a course in understanding and upholding this procedure.

A violation of exculpatory evidence is more commonly referred to as a Brady violation (referring to Brady v. Maryland case). The 3 elements a defendant must show are that the evidence:

Giglio evidence refers to any information or material that may be used to impeach the credibility, testimony, or character of a prosecutor’s witness in a criminal case. In Giglio vs United States, John Giglio was convicted of using forged money orders with the assistance of Robert Taliento. The government, however, made a deal with Taliento to testify for them against Giglio in exchange for his immunity against prosecution. The jury and defense were unaware of this deal and ultimately Giglio was convicted. This deal was discovered after Giglio’s conviction and his defense team sought to overturn the jury’s decision based on the concealment from the government making Taliento’s testimony unreliable. In 1972, the case had reached the Supreme Court where they ruled that the failure to inform the jury on any agreements the government makes with any witness is a violation of a defendant’s due process rights, and therefore warranted a new trial.

Giglio evidence as a defense

Giglio evidence or material is a powerful tool to be aware of and use to defend your case or lead a successful post conviction appeal. An officer involved in a defendant’s arrest, for example, can be barred from testifying through a Giglio letter if the officer lacks integrity and credibility like concealing evidence in the past or any other misconduct. Other examples that must be presented by the prosecutor are: