These are rules that set forth a uniform sentencing policy for individuals convicted of federal crimes.more »
“RICO” stands for the Racketeer Influenced and Corrupt Organizations Act. In order to establish that someone has violated this law, a prosecutor must prove the following five things:
1. The existence of an enterprise;
2. The enterprise…
How Long Do the Police Have to Wait Before They Can Question Someone Who is in Custody and Who Has Asked to Have a Lawyer Present?
In the case of Edwards v. Arizona, the United States Supreme Court ruled that when the police question someone who is in custody and that person expresses a desire to deal with the police only through a lawyer, the police have to stop questioning that person unless he or she voluntarily initiates further communication with the police. But how long do the police have to wait before they are allowed to try to question the person again? This article looks at the case of Maryland v. Shatzer which answers that question.more »
Federal law states that anyone who uses a firearm in connection with a crime of violence or a drug-trafficking crime is subject to enhanced punishment. But what exactly does the word “uses” mean? Although the statute itself does not define this word, the United States Supreme Court has discussed its meaning in at least three different cases. This article examines those cases.more »
Federal Rule of Criminal Procedure 5 states in part that “[a] person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, . . ., unless a statute provides otherwise.”
But what happens if the police violate this rule and the arrested person confesses to committing a crime after he is arrested but before he is taken before a judge? This article examines a U.S. Supreme Court case which addresses this question.more »
In a recent case called Michigan v. Fisher, the United States Supreme Court ruled that a police officer may enter a home without a search warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury. This article examines the Fisher case.more »
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About Ron Chapman
Ron Chapman practices criminal defense in both State and Federal Courts within the State of Florida. For the past 19 years, Mr. Chapman has been representing people who have been accused of committing various types of crimes such as DUI, domestic battery, economic crimes, animal abuse, traffic crimes, murder, manslaughter, crimes against children, sex crimes, crimes against the elderly, appeals, and violations of probation. more »
Florida Criminal Records FAQ
- Can a Judge Refuse to Seal Your Record in Palm Beach County Florida Without Giving a Valid Reason?
- What Major Changes Have Occurred in Florida’s Clemency Law?
- How is a Judge’s Discretion to Deny Your Petition to Expunge Your Criminal Record Limited?
Florida Criminal Records FAQ »