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Posts tagged "Fifth Amendment"

Applying Miranda To Child Sex Crime Investigations

Most people are familiar with the Miranda warnings. But police do not need to use these warnings every time they speak with a suspect. The Miranda decision only applies when a suspect undergoes "custodial interrogation". In other words, when a reasonable person would not feel that they were free to leave.

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. 

Law Enforcement's Use of Social Media: User Beware

For many people, especially those of certain age, life is lived in the social media spotlight. Twitter, Facebook, and Instagram have become the popular way to communicate. Ordinary citizens are not the only people who use social media. User beware: If your friends can see your posting, so can law enforcement. A recent survey of agencies throughout the country found that over 80% of those agencies use social media in their criminal investigations. Lawyers also routinely use it to discover evidence about litigants, witnesses and even jurors. 

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Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
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