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Category Archives: Criminal Defense

Was the evidence against you obtained illegally?

By Scott N. Richardson, P.A. |

Prosecutors are often zealous in criminal cases, and if you listen to police and prosecutors alone, the evidence against you may feel overwhelming. However, a basic defense question to ask is, “Was any of the evidence against you obtained unlawfully?” If so, your case could take a very different turn. Evidence that was obtained… Read More »

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What is due process in a criminal case?

By Scott N. Richardson, P.A. |

There is a lot to think about if you are being investigated for or charged with a crime. One of the most crucial things to understand is due process. Have you ever heard about police in other countries picking people off the street without explanation, throwing them into jail and leaving them there? That… Read More »

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When is a traffic stop by police unlawful?

By Scott N. Richardson, P.A. |

The police cannot pull you over or search your vehicle without a good reason. If they do, that is a violation of your rights under the Fourth Amendment, which protects you from arbitrary searches and seizures by law enforcement.  For a traffic stop to be lawful, the police must have a reasonable suspicion that… Read More »

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The problem of overcharging in criminal prosecutions

By Scott N. Richardson, P.A. |

In matters of criminal defense, often the question arises, “Does the punishment fit the crime?” But aside from any possible punishments, the basic question in many cases is, “Was the original charge even appropriate?” A quick glance at recent high-profile cases will show you that many criminal charges amount to overcharging, as the jury… Read More »

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Important things to understand about Florida RICO charges

By Scott N. Richardson, P.A. |

When police in Florida conduct lengthy investigations involving multiple suspects, there is a risk for the accused that prosecutors will decide to bring felony criminal charges under the Florida Racketeer Influenced and Corrupt Organization Act, otherwise known as Florida RICO. Being convicted of a RICO charge can lead to many years of incarceration, and… Read More »

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Can police in Florida search a person’s trash can?

By Scott N. Richardson, P.A. |

You are protected from unreasonable search and seizure under the Fourth Amendment to the United States Constitution. That means police cannot search your person or property unless they have probable cause or a search warrant to do so. You may not think of it this way, but your garbage is also your personal property…. Read More »

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‘No contact’ order violations in Florida may arise from these situations

By Scott N. Richardson, P.A. |

“No contact” orders are a common feature in the Florida criminal justice system. They are used in many cases involving allegations of violence, intimidation or threats. No contact orders are used both for pretrial release situations while a defendant is out on bail or awaiting trial, as well as during probationary periods. Anyone under… Read More »

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When do police have the right to enter your home in Florida?

By Scott N. Richardson, P.A. |

It’s common knowledge that many criminal charges come about after police enter someone’s home to search the premises or arrest someone. To do this, sometimes the police have prior permission (in the form of a warrant), and other times the police are responding to a call and arrest someone in connection with an incident… Read More »

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What counts as a probation violation? What are my rights?

By Scott N. Richardson, P.A. |

Probation is a common aspect of misdemeanor and felony convictions, and the terms and conditions of probation are specific to each case. You should speak with an experienced criminal defense attorney right away if you have questions about the terms and conditions of your probation. With that said, following are some common probation violations… Read More »

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What are a driver’s rights during a police stop? 

By Scott N. Richardson, P.A. |

Any time you get behind the wheel of your car, you’re taking a risk. In addition to the risk of an accident, there’s always a chance you could be pulled over by a police officer. Knowing your rights during a police stop is a must, as this can help protect you against trouble. What… Read More »

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