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Category Archives: Criminal Law Explained

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Pre-Arrest Investigations In Florida Criminal Cases: Why You Need A Criminal Defense Attorney

By Kevin J. Kulik, P.A. |

You are probably familiar with your rights when a police officer places you under arrest and reads the Miranda warnings: You do not have to make any statements, may request legal assistance from an attorney, and can claim other protections under both the US Constitution and Florida law. However, the situation is quite different… Read More »

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What Does Double Jeopardy Really Mean In A Florida Criminal Case?

By Kevin J. Kulik, P.A. |

Much of what people know about double jeopardy comes from TV and movies. Unfortunately, while it may add intrigue to the plot, the primary takeaways surrounding this legal concept are quite misguided as they are presented in films. Even its namesake movie, Double Jeopardy, contains many falsehoods: In it, the heroine believes she can… Read More »

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Witness Tampering and the Hearsay Exception

By Kevin J. Kulik, P.A. |

When there are serious allegations against you through the form of witness testimony, it can be tempting to do anything to make it go away. However, intimidating a witness or attempting to bribe a witness so that he or she will recant his/her statement is not only not an option, but also comes with… Read More »

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The Felony Murder Doctrine: Florida’s Harsh Sentencing Rules

By Kevin J. Kulik, P.A. |

A recent Florida case of a young man requesting clemency from his life sentence is bringing to the forefront an important legal doctrine that put him there in the first place. The young man is serving a life sentence for lending his car to group of his friends; while the young man slept in… Read More »

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Florida Judges Further Restrict Jury Access to Electronic Devices

By Kevin J. Kulik, P.A. |

The court system has been completely revolutionized by burgeoning technology. With the use of new forensic methods, a defendant’s innocence or guilt can be more readily established; with new technology, new evidentiary standards may be used to show whether or not the defendant is responsible for the crime; and with new technology, props and… Read More »

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Trust and the Law II: Psychotherapist and Clergy Privileges

By Kevin J. Kulik, P.A. |

In a recent blog entry, Trust and the Law, trust and its role that it has in our relationship and our lives was examined through a legal lens. As discussed, there are several relationships in our lives where we share with another person information that we would like to protect or would like to… Read More »

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The Williams Rule: The Importance of Character Evidence in a Criminal Proceeding

By Kevin J. Kulik, P.A. |

During a criminal proceeding, the most important deciding factor for how the proceeding will be determined is based largely on ruling made by the jury. Even more important is the evidence that is admitted during the proceeding, which will be evaluated and assessed by the jury when deciding the outcome of the case. Rules… Read More »

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Drivers’ Rights in DUI Situations: The Field Sobriety Tests

By Kevin J. Kulik, P.A. |

When driving around Florida, it is extremely important to be aware of the laws and obligations that are required of you while operating your motor vehicle. While laws and obligations are important to understand, as ignorance is not an excuse for any traffic violation, on the other side of the coin, operators of motor… Read More »

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Civil Commitment: A Violation of Due Process Rights?

By Kevin J. Kulik, P.A. |

On October 1, 2014, a significant number of state bills signed by Governor Rick Scott went into effect. One of the packages of bills that recently went into effect will have a significant impact on sexual offenders residing within the state and future offenders. Civil Commitment: October 2014 Amendment The first bill, Senate Bill… Read More »

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The Complexities of Double Jeopardy

By Kevin J. Kulik, P.A. |

The George Zimmerman case brought to light a significant number of complex legal issues that have made many more fascinated (and possibly confused) at how the criminal justice system works. The Zimmerman case is most well-known for the imposition of the “Stand Your Ground” law that has been at the forefront of Florida’s legal… Read More »

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