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Recent First Degree Murder questions

If R***** intends to kill S****, but accidentally kills L***

If R***** intends to kill S****, but accidentally kills L*** instead, is R***** crime considered premeditated first degree murder?

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Legal-Kal

Attorney

J.D.

1,178 satisfied customers
My bf was arrested for entering auto this is his 1st offense

My bf was arrested for entering auto this is his 1st offense what is the punishment for thisJA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: Georgia. Last nightJA: Has anything been filed or reported?Customer: I called the jail they just told me he was booked for entering auto and he has no bond yetJA: Anything else you want the lawyer to know before I connect you?Customer: He dont know how to drive or have a license

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RobertJDFL

Attorney

Juris Doctorate

14,402 satisfied customers
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

37,594 satisfied customers
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

37,594 satisfied customers
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

68,742 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

37,594 satisfied customers
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.

1,178 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

19,612 satisfied customers
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