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Recent First Degree Murder questions

I understand 6 member juries are permitted in felony cases

I understand 6 member juries are permitted in felony cases in Florida (with the exception of first degree murder). Can a defendant waive their right to a 12 member jury in FL on a 1st degree murder charge?

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Dwayne B.

Juris Doctor

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In Oklahoma, my son is in a county jail. While in solitary

In Oklahoma, my son is in a county jail. While in solitary confinement, he attempted to heat a bottle of water with a match and then flushed it in the toilet. He will be charged with (1) Arson, but level 1, 2, 3 or 4 is not known yet. He did not willfully try to burn down the building! He is also charged with (2)Possession of Contraband (matches) by Inmate and (3) Destroying Evidence. He wants to fight the charges because he did not willfully/intentionally attempt to start a fire for any malicious reason. Do you think he has a good case to take to trial? However, if he must plead guilty, are any of these charges a 50% crime? or 85% crime?

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Ely

Counselor at Law

Juris Doctor

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My cousin was founded guilty degree murder and he feels like

My cousin was founded guilty for first degree murder and he feels like the trail wasn't right. He says that first the jury wasn't anyone of his peers meaning, black, male or young. Being that he is 22 yr old black male. and the jury was, sorry, but old white people. he says that in jury selection they already found him guilty without hearing the evidence, it only took them one day to find him guilty even when the evidence didn't prove so. Second, he says that his lawyer didn't explain anything that was going on throughout the trail and when he told the lawyer what he wanted to do the lawyer didn't listen to him at all. He feels like he wasn't represented correctly. He goes back for sentencing in a month and he is not guilty of first degree murder and he wants to know what steps can he take before sentencing which is in a month? thank you

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Dwayne B.

Juris Doctor

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In looking into the case State v. Mercer, 165 S.E.2d 328,

In looking into the case State v. Mercer, 165 S.E.2d 328, 275 N.C. 108 (1969) what are the errors that caused the supreme court to give the defendant a new trial? The most I saw was the inadmissible picture that was deemed too gruesome. I know the case looks into mens rea when someone is said to have been unconscious at the time they committed a crime. What was the outcome of the case as told by the court besides the remand? What are the errors that caused the supreme court to give the defendant a new trial?

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Legal-Kal

Attorney

J.D.

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If you are convicted of a crime and the law, at the time,

If you are convicted of a crime and the law, at the time, has a standard punishment for the crime but at a later point the law is changed, can the court revise the sentence.So, for instance, if you are convicted of first degree murder and the law states that you should receive a maximum of 20 years in prison but then the law is changed to make it mandatory for anyone convicted of the crime to serve life in prison without parole, could the justice system then go to any and all prisoners and tell them that they will now never go free?I would think that changing the punishment after a case is decided would be illegal and unjust. But, not sure how this works and am looking for some clarification.

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Marsha411JD

Doctoral Degree

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Do most states allow bail degree murder? How about

Do most states allow bail for first degree murder? How about going on 3 years being out when accused for first degree murder???

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CrimDefense

Juris Doctor

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My son and a stranger (he did not know him) were arrested for first degree murder after ma

My son and a stranger (he did not know him) were arrested for first degree murder after many many hours of interrogation they falsely confessed. I hired a private attorney and the other got a public defender. They are immigrants with very little money. The judge split the two and we took a bench trial and the other a jury. My son was found innocent and the other was convicted.The family of the convicted was horrified. English is their second language so it was hard for them to be involved like we were so just trusted the system.It was appalling for us to watch. At one point I myself converted all the interrogation videos, 40 altogether, and all images because the PD said they couldn't open them. They only watched a few minutes of the convicted's tapes. The family shared with us all the unanswered calls they made to the PD during the trial.The PD filed for an appeal with one of their PD friends.My understanding is that what they missed the first time they won't be able to bring

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CrimDefense

Juris Doctor

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My son got sentenced in June for alot of diffrent charges.

My son got sentenced in June for alot of diffrent charges. The main 2 are 2nd degree murder and then conspiracy to commit first degree. They box carted every charge but those 2 he got 481 months. He did not have a record and has never been in trouble before but he got the max on every thing. I was wandering if I could do some thing or if he could ? He was going to send his paper's in for a Belated Appeal. He wanted to know if he should or what would be the bad and good reasons to do this? Also he was told to take his plea or he would get life. So we feel like he was more or less pushed to do this.I'm sorry I know I'm jumping around with all these different thing's. I have tried to contact other lawyer's but they don't return my call and I feel helpless. So if you can please tell me someone to talk to or what you think. I Thank You for your help !!

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Lucy, Esq.

Juris Doctor

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Hi there. I met a man through his family 14 years ago who

Hi there. I met a man through his family 14 years ago who was in prison for first degree murder. I visited him for two years 12 years ago. He got out of prison after 32 years and paroled in Northern California. He convinced me he had changed that he loved me etc etc and wanted a life with him. He asked me to buy him clothes food visit him up north and I did and have spent 5000. Oo. We stopped getting along as he was not nice and began to tell me I was casual to him. He stopped talking to me I'm very angry and asked him to pay me back as I feel used. He won't answer by phone or email. He said he was very serious about me and I let my 10 yr relationship with a boyfriend go. He is on parole is there any legal recourse for me? Marlene xxx xxx xxxx

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CrimDefense

Juris Doctor

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