Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
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Regular office hours are 7:30 a.m. to 6:30 p.m.

Uncategorized Archives

Navigating the Speedy Trial Act

Most people know that the Sixth Amendment guarantees criminal defendants the right to a trial, "without unnecessary delay". However, in the federal system, defendants also have speedy trial rights under statutory law. Specifically, the Speedy Trial Act of 1974 requires a criminal trial to commence within 70 days from the date the Information or Indictment was filed or from the date the defendant appears before an officer of the court during his first appearance, whichever is later. While the Speedy Trial Act may seem simple, it is often the subject of litigation, because the 70 days provided in the act can often actually go much longer before a defendant is entitled to a trial on his criminal charges.

The Medical Marijuana Amendment: How Does It Change Florida Law?

While the 2016 election is most notable for selecting the nation's next president, Florida voters are also deciding on some important amendments to the state's constitution. Not the least of which is Amendment 2, which is poised to legalize medical marijuana in Florida. Twenty-five states currently have laws that allow medical marijuana in some form. If Florida joins these states, the Amendment will create a new framework for prescribing, distributing, and possessing medical marijuana. 

Using Double Jeopardy to Fight Multiple Child Sex Crime Charges

Florida law contains dozens of crimes that punish defendants from pursuing or soliciting sex with minors. Many of these crimes share similar elements. This means that prosecutors can often charge defendants with multiple crimes for the same incident, dramatically increasing their potential sentence. The Double Jeopardy Clause of the Fifth Amendment prohibits criminal defendants from facing multiple charges for the same crime. 

Is It Too Late to File Your Federal Habeas Petition?

When a criminal defendant wants to challenge a state court conviction, the highest state court is rarely the last stop. Prisoners who have exhausted their options in state court can often get a second chance at challenging their trial court's errors through a petition for habeas corpus under 28 U.S.C. § 2254. Federal habeas petitions can only challenge a state court's conviction for constitutional violations. However, even violations of state rules of criminal procedure can take on a constitutional dimension through the Sixth Amendment's guarantee to effective assistance of counsel, if the defendant's attorney failed to raise those issues or argue them properly. 

Attorney Bill Sheppard Filed Lawsuit to Open Primary for State Attorney

Bill Sheppard and Sam Jacobson have filed a lawsuit in Circuit Court on behalf of registered voters within the Fourth Judicial Circuit. The lawsuit alleges that the written-in candidacy of Kenny Leigh is a sham designed to close the election primary for the Office of State Attorney to registered Democrats and Independents. The lawsuit seeks to open the primary, which will effectively determine which candidate will be elected to the State Attorney position, to all registered voters. 

War Hero Seeks Presidential Clemency

Recently, our office had the pleasure of assisting a man who was seeking presidential clemency for a non-violent drug offense. We were shocked to find out later that this man was a war hero who had been sentenced prior to the amendments to U.S.S.G. §5H1.11 which allowed military service to be considered in determining whether a departure is warranted. With the client's permission, we would like to share with you an excerpted portion of the clemency package we prepared on his behalf, along with the video we shot at our office on Veteran's day. 

Veteran Rights

William J. Sheppard invited to speak on veteran's rights at Federal Bar Association annual meeting 

What is Post Conviction Relief?

A motion for post conviction relief is typically a defendant's last resort for attempting to overturn a criminal conviction. It could also be a last effort to be released from prison after direct appeal of the person's criminal case has been denied or not been effective. Typical grounds for one seeking post conviction relief could include:

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  1. Martindale Hubbell AV Preeminent Peer Rated for highest level of Provisional Excellence 2016 Best Lawyers Best Law Firms US News 2016 American College of Trial Lawyers William J.Sheppard Best Lawyers Lawyer of the year 2014 The Florida Bar Board Certified Best Lawyers|Best Law Firms US News|Criminal Defense: White-Collor|Tier 1|Jacksonville|2017
  2. Best Lawyers Best Law Firms US News 2017 AV Martindale Hubbell Peer Review Rated For Ethical Standards and Legal Ability Super Lawyers Best Lawyers Linking Lawyers And Clients Worldwide

Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
215 N. Washington Street
Jacksonville, FL 32202

Phone: 904-701-0589
Phone: 904-727-7191
Fax: 904-356-9667
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Regular office hours are 7:30 a.m. to 6:30 p.m.

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