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Understanding a Writ of Habeas Corpus

By Donald C. Barrett, P.A. |

You’d be surprised how many individuals are unlawfully detained around the world. While we cannot speak about what happens in other countries, the United States unlawfully detains its citizens without formal charges far too often. An oft used court motion, the almighty writ of habeas corpus provides remedy for those confined to county jails… Read More »

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What to Do if Your Home is Raided in a Criminal Investigation

By Donald C. Barrett, P.A. |

When police suspect that a person is participating in criminal activity, they will often obtain a search warrant in order to enter the person’s home and search for evidence. This process is better known as a “raid”. According to the Tampa Bay Times, Pinellas County authorities raided a suspected drug house on Lewis Boulevard… Read More »

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Stand

Understanding Florida’s Stand Your Ground Law

By Donald C. Barrett, P.A. |

In light of a recent incident, Florida’s Stand Your Ground Law has once again been thrust into the spotlight. According to the Tampa Bay Times, authorities have released the surveillance video of a Lakeland city commissioner who fatally shot an alleged shoplifter. The shoplifter was reportedly shot as he tried to leave the store… Read More »

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Can You Be Criminally Liable for Someone Else’s Fatal Drug Overdose?

By Donald C. Barrett, P.A. |

For the last few years, Americans have been setting new records – but not in a positive way. In 2016, there was a record number of drug overdose deaths nationwide according to the Center for Disease Control. Over 63,000 people died from fatal overdoses, and well over sixty percent of these deaths were the… Read More »

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DUIAccident

DUI Arrests Plummet in South Florida Thanks to Ridesharing

By Donald C. Barrett, P.A. |

With Tampa clubs staying open late into the night, finding an alternative means to safely return home was challenging 15 years ago. Public transportation shut down early and taxicabs often had hour-long waits, making driving home a fascinating proposition after an evening of heavy drinking. Unfortunately, it was a risky proposition that led to… Read More »

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How Florida Courts Treat Probation Violations

By Donald C. Barrett, P.A. |

Offenders find probation an appreciated alternative to prison, and Florida finds placing persons on probation keeps jails from overcrowding. It’s usually a win-win for both parties; however, when probationers violate the strict terms of their release, another court battle ensues to decide whether terms of probation were violated, or if violating the offender was… Read More »

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GunCharges

Can Weapons Be Admitted Into Evidence if Not Used in Crime?

By Donald C. Barrett, P.A. |

When prosecutors present cases where weapons were used in the commission of an underlying offense, additional weapons owned by defendants are sought for admission into evidence. In admitting this evidence, the State of Florida is attempting to show that a defendant exhibits a pattern of gun ownership while attacking their credibility. As we look… Read More »

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Juvenile

Flooding Adult Court with Juvenile Crimes Needs to End

By Donald C. Barrett, P.A. |

Well over 1,000 young offenders, many of whom committed ‘wobbler’ offenses, were tried in adult courts last year, signaling a need to reform the criminal justice system to divert younger persons into juvenile court more frequently. With House Bill 509, juvenile crimes could have been adjudicated at their own courts, with some trepidation. Had… Read More »

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Fighting Unwarranted Domestic Violence Charges

By Donald C. Barrett, P.A. |

Although nobody wins in domestic violence cases, defendants who’ve been charged without provocation or actions of their own doing shouldn’t pay for crimes they didn’t commit. As an attorney fights through mounds of hearsay and mudslinging, the narrative is getting their client exonerated, and nothing more. Unwarranted allegations of domestic abuse are approached in… Read More »

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Forensic Science Can Overturn Murder Convictions. But When?

By Donald C. Barrett, P.A. |

Combine technology with objective analytics and critical thinking, and innocent men like Dwight DuBose are freed from years of unwarranted captivity. Although he indeed pled guilty to end his 17-year prison stint, it was forensic science to the rescue once again. Murder cases across America are being taken by nonprofits like the Innocence Project,… Read More »

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