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Recent First Degree Murder questions

In Florida, if the state tries a person for first degree

In Florida, if the state tries a person for first degree murder and loses - can it then try the same person again for involuntary manslaughter?

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I am writing a murder story that takes place in Florida. My

I am writing a murder story that takes place in Florida. My defendant accidentally strangles my victim with a rope while practicing BDSM.Does this accidental death qualify as first degree murder, or a lesser charge?

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Dwayne B.

Juris Doctor

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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

63,770 satisfied customers
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.

972 satisfied customers
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

18,818 satisfied customers
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

29,728 satisfied customers
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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