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Category Archives: defendant rights

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What Are Aggravating Factors In A Florida Death Penalty Case?

By Kevin J. Kulik, P.A. |

The Florida death penalty has been in the news frequently over the last few years, first being partially struck down on Sixth Amendment grounds by the US Supreme Court in the 2016 case of Hurst v. Florida, then reinstated by statute a few months later, and subsequently followed by legislation in 2017. As it… Read More »

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Judges May Compel Criminal Defendants to Provide Their Fingerprints to Unlock Fingerprint-Secure Smartphones and Devices

By Kevin J. Kulik, P.A. |

In our over-vigilant society, security and privacy are of the utmost importance to us. This is particularly important since we no longer leave our valuable information in file cabinets, but place them in clouds and on our phones, hovering in the ethereal until they are needed. Companies like Apple and Android, in an attempt… 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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The Criminal Defendant’s Constitutional Right to an Attorney and Effective Assistance

By Kevin J. Kulik, P.A. |

When a defense attorney is reviewing his/her client’s case, the attorney looks at a variety of different evidence – direct and circumstantial evidence – which may potentially convince the jury that the criminal defendant is either innocent, or in some case, less guilty. The information that can be accumulated may involve witness testimony, testimony… Read More »

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New Bill to Protect Witness Information from Public Disclosure: Does it Run Afoul of the First Amendment?

By Kevin J. Kulik, P.A. |

In the criminal justice system, there is generally a balance that must be struck between the rights of the people and the right for the state or government to interfere with these rights. Many times there must be give and take, especially when a law may or may not align with the rights of… Read More »

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Wrongful Conviction Compensation Now Tax-Free

By Kevin J. Kulik, P.A. |

The extent in which technology has advanced over the last two decades has led to a significant increase in wrongful convictions exonerating the criminal defendant. Many states have been reassessing their current wrongful conviction compensation plans that provide restitution to criminal defendant for years served as a result of the conviction. Unfortunately for many,… Read More »

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Right to Makeup Artist to Cover Up Facial Tattoos?

By Kevin J. Kulik, P.A. |

When you are a criminal defendant at your own criminal proceedings, there are many things that you must decide that will affect the ultimate outcome of your case. Though you have an attorney advising you, it will be up to you to decide if you want to take a plea deal, go to trial,… Read More »

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What’s in a Face?… Maybe a Harsher Sentence

By Kevin J. Kulik, P.A. |

Our society upholds the ethos that justice is blind, that no matter who you are and what you look like the correct and just verdict will be handed down based on the offense committed, the substantial advocacy and defense by an effective attorney, and the deliberations of a whole jury panel of our peers…. Read More »

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Faulty Jury Instructions for 16 Years in Florida Lead to Retrials and Plea Deals

By Kevin J. Kulik, P.A. |

Interpretation in the law is sometimes more important than the law itself. If a law is written ambiguously and the ambiguity is understood by the jury in a way not originally intended, the criminal defendant may suffer the consequences. That is the case in Florida, where over the last 15 years more than 100… Read More »

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The Voir Dire Dilemma: Social Media and Attorney Snooping

By Kevin J. Kulik, P.A. |

The members of a criminal defendant’s jury are extremely important, as well as the voir dire process to select these members. Because jury members are only human, how they think, how they feel, and their experiences in life are all relevant to how they will decide a criminal verdict. Voir dire is the process… Read More »

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