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Jacksonville Law Blog

How a plea negotiation works

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jul 13, 2017 | Criminal Defense

Not all criminal cases in Florida end up in trial. Many end early thanks to plea bargaining. The purpose of plea negotiation and how it works are described below. According to the American Bar Association, plea bargaining helps the court system be more efficient by...

Rooming Houses and the Fourth Amendment

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jun 30, 2017 | Criminal Defense

The Fourth Amendment provides citizens with the most protection inside their own homes. A recent decision by the Florida Second District Court of Appeal-Davis v. State-addressed which areas in a rooming house constitute a Defendants' "home" for the purposes of such...

Is It a Crime for a Sex Offender to Use the Internet?

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jun 29, 2017 | Advice, Cases of Interest, Criminal Defense

Thousands of sex offenders have been prosecuted for engaging in activity which most of us take for granted. In many jurisdictions, it is a felony for a registered sex offender to access the internet for any reason. Some statutes also prohibit offenders from creating...

Supreme Court Expands Right to Effective Assistance of Counsel for Defendants Facing Deportation

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jun 27, 2017 | Firm News

The Sixth Amendment guarantees defendants the right to effective assistance of counsel during all "critical stages" of a criminal proceeding. In the context of plea negotiations, this means that criminal defense attorneys must convey plea offers to their client in a...

Field sobriety tests not fully accurate

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jun 25, 2017 | DUI Defense

Florida residents know that the state's laws on driving under the influence are tough. While certainly it is important to keep people safe, it is equally important to protect the rights of everyone including those who may be accused of criminal actions. For their...

Pierce v. State: Can Police Lie to Obtain a Confession?

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jun 21, 2017 | Advice, Cases of Interest, Criminal Defense

It has been conventional wisdom for many years that police are allowed to lie to obtain incriminating statements against a defendant. For instance, during interrogation, police can tell the accused that an eyewitness has identified him as the person who committed the...

A Mother’s Death, a Botched Inquiry and a Sheriff at War

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jun 19, 2017 | Cases of Interest, In the News

As is his practice, Mr. Bogdanich has written an extensively researched article about how Agent Rodgers became the object of a campaign to destroy his career and reputation. His offense was the refusal to rubber stamp the conclusions of a deeply flawed investigation...

What are field sobriety tests?

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jun 12, 2017 | DUI Defense

In Florida, you may be asked to complete field sobriety tests if you are pulled over and the officer has reason to believe that you may be driving while under the influence. But just what are field sobriety tests, and how are they utilized? FieldSobrietyTests.org...

What is the purpose of the appeals process?

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jun 2, 2017 | Criminal Appeals

A criminal conviction for any sort of offense in Jacksonville need not signal the end of your legal battle. If you were wrongly convicted and want the chance to prove that, the appellate process is there for you to take advantage of. Unfortunately, it is not as simple...

What is the legal limit in Florida?

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | May 13, 2017 | DUI Defense

When it comes to drunk driving charges, there are many things to consider. In fact, some people may be surprised to find out that the legal limit for drunk driving is lower than they expected for certain drivers, such as those who have not reached the legal drinking...

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