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Recent Blog Posts

Supreme Court Expands Hacking Power to Federal Agencies and Officers

By Kevin J. Kulik, P.A. |

The progress of technology generally moves at a speed faster than the laws are able to catch up; this is usually because legal change requires time and a majority view that the change is necessary. This change is built on cases, legal precedent, the changes of the time and a shifting societal view. The… Read More »

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Supreme Court’s Void-for-Vagueness Decision and How it Applies Retroactively

By Kevin J. Kulik, P.A. |

In our criminal justice system, we base many of our statutes and laws on moral and safety policies to help preserve civilization and our society. As our society’s values change, so do the laws that apply. In many cases, when laws pass, their applicability begins immediately. However, where a law is struck down either… Read More »

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Distracted Driving Laws and the “Textalyzer”

By Kevin J. Kulik, P.A. |

Distracted driving is a serious public safety concern in Florida. Florida, like the majority of states in the United States, has passed legislation that protects against all types of distracted driving, in particular, focusing on the use of cellphones while driving. The Centers for Disease Control and Prevention (CDC) has estimated that daily there… Read More »

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Does Facial Recognition Software Have a Racial Bias?

By Kevin J. Kulik, P.A. |

Whenever new technology is introduced, there is always fanfare and concerns associated with its emergence. Technology has had a significant impact on our daily lives, aiding in activities, education, as well as, police work. One of the more controversial technologies to emerge has been facial recognition software. Facial recognition software is designed to take… Read More »

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Sixth Circuit Rules that FBI’s Warrantless Petition for Cell-Site Records is Constitutional

By Kevin J. Kulik, P.A. |

The Fourth Amendment protects citizens from unreasonable searches and seizures by government officials without probable cause and a warrant signed by a magistrate. To determine whether or not a search or seizure is unreasonable, the presence or absence of a warrant may determine the unreasonableness of the search or seizure. Generally, a warrantless search… Read More »

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What is a “Citizen’s Arrest” and How It May Lead to False Imprisonment If Performed Incorrectly

By Kevin J. Kulik, P.A. |

Our society promotes the idea of the “hero” – a woman or man who steps up courageously to help, save, or aid another person who is in trouble. Though not everyone is going to be a superhero, we see there is a push toward being a good citizen and a good Samaritan in the… Read More »

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“Murderabilia” and “Son of Sam” Laws in Florida

By Kevin J. Kulik, P.A. |

In our society, there is morbid curiosity and significant interest in the crimes that others commit. American cinema delves further into this interest by romanticizing common burglaries as “heists” and attempting to get into the psyche of murders, in particular, serial murderers. This interest extends beyond just cinema, as more often people are looking… Read More »

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Supreme Court Rules in Favor of Leaving Untainted Assets Unfrozen

By Kevin J. Kulik, P.A. |

In 1989, the United States Supreme Court held in United States v.  Monsanto that a criminal defendant who has violated the Racketeer Influenced and Corrupt Organizations (RICO) and the Continuing Criminal Enterprise (CCE) may not use funds that were acquired through illegal activity to pay for the defendant’s counsel. The Court, at this time,… Read More »

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Financial Bail Leads to Unequal Treatment Between the Haves and the Have Nots

By Kevin J. Kulik, P.A. |

Criminal justice reform attempts to address the various deficiencies that we find in our present-day justice system in hopes that the system will reflect the current values that our society holds true. One of the major issues that has come to the forefront over the last decade has been an increase in the incarcerated… Read More »

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Prohibiting the Access of Firearms to Minors in Florida

By Kevin J. Kulik, P.A. |

Florida, in comparison to the majority of the states around the country, is known as one of the more pro-gun states, with legislation and laws to protect the right of their citizens to possess firearms, use firearms, carry openly or concealed firearms, and protect themselves in moments of self-defense, known as Stand Your Ground…. Read More »

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