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Category Archives: Criminal Law Explained

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Actual Versus Constructive Possession in Florida Criminal Cases

By Kevin J. Kulik, P.A. |

There are some crimes in Florida where simply having an illegal item in your possession is illegal, without you taking any other action. Of course, if you were arrested, that means the concept of possession will be central to your case. In regular usage, the term is pretty straightforward; in the practice of law,… Read More »

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5 Reasons to Never Talk to Police Without Your Florida Defense Attorney Present

By Kevin J. Kulik, P.A. |

You may already know that you have the right to an attorney when you’re being questioned by police, but there are situations where you might think you can get away with handling the conversation yourself. Trying to represent yourself in a criminal case is such a mistake that not even experienced lawyers will do… Read More »

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Restitution in Florida: Penalties Beyond Fines and Jail Time

By Kevin J. Kulik, P.A. |

If you’ve been convicted for a crime, you probably expect jail time, fines, probation, and other penalties – depending on the nature of the crime. One aspect of criminal punishment may come as a surprise to you, however. A judge could order you to restitution under Florida law, which is available for many different… Read More »

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Questions About Discovery in a Florida Criminal Case

By Kevin J. Kulik, P.A. |

One pre-trial task that takes place behind the scenes of a criminal case is discovery, a process that’s covered by the Florida Rules of Criminal Procedure. In general, discovery is the exchange of information by a prosecutor and defense attorney, which takes place during the pre-trial phase and in preparation for trial. However, there’s… Read More »

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How Jury Selection Works in a Florida Criminal Case

By Kevin J. Kulik, P.A. |

If you’re arrested on certain crimes in Florida, there’s a chance that the issue of guilt will be decided by a jury. According to the Rules of Criminal Procedure,12 individuals will act as juror in capital cases and six members sit as a jury in all other criminal cases. As such, many criminal defendants… Read More »

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Three Key Points in Florida’s “First Step Act” for Criminal Justice Reform

By Kevin J. Kulik, P.A. |

Some aspects of the state criminal justice system may undergo considerable change if Florida lawmakers pass a key bill and the governor signs it. Fox News Channel 13 reported on the Florida First Steps Act in an article dated March 6, 2019, pointing out that the law closely mirrors a federal statute that was… Read More »

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How a Criminal Conviction Affects Child Custody Issues

By Kevin J. Kulik, P.A. |

There are plenty of obvious, expected ways that a criminal conviction will affect your life. However, there is a consequence you may not have anticipated: Criminal activity can affect your parental rights in proceedings involving your children. Beyond fines, jail time, probation, and other penalties, you could face challenges with custody or visitation, officially… Read More »

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Aggravated Crimes Versus Aggravating Circumstances in Florida Criminal Cases

By Kevin J. Kulik, P.A. |

Though the two words may seem similar in everyday usage, aggravated and aggravating have very different meanings under Florida criminal laws. There is a lot of confusion over aggravated crimes and aggravating circumstances, and for good reason: These concepts are extremely complex if you do not have a legal background. You can rely on… Read More »

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Guide to Understanding Illegal Search and Seizure Laws

By Kevin J. Kulik, P.A. |

Both the US Bill of Rights and Florida Declaration of Rights provide you with constitutional protections against illegal search and seizure. These provisions are central to criminal law, and may arise in almost any type of encounter with police. Still, though the language may seem simple and straightforward, the relevant concepts are extremely complex…. Read More »

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Florida’s Schedule of Controlled Substances: Overview and Examples

By Kevin J. Kulik, P.A. |

Like other US states, violations of Florida’s drug laws are based upon the type and amount of drug, and the criminal activity associated with it. Possession, sale, production, and trafficking are all unlawful for most drugs; the nature of the punishment for a conviction depends on where the drug falls within Florida’s schedule of… Read More »

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