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Federal Compassionate Release & COVID-19

Photo by Edward Jenner from Pexels Since March 2020 COVID-19 has rocked the United States, causing closures of schools, business, churches,…

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Federal Compassionate Release & COVID-19
The 411 on a Motion to Dismiss

The 411 on a Motion to Dismiss

So you (or your client) have been served with a Complaint. What now? The first thing you should…

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The 411 on a Complaint

The Complaint is one of the most important legal documents in your case, as it controls not only…

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The 411 on a Complaint
Balance = Work/Life + MotionDrafting.com

Balance = Work/Life + MotionDrafting.com

At a time when attorneys are sometimes desperate for a job, any job – let alone a job…

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The Real “Rap Sheet” Under the Florida Criminal Punishment Code: A Practical Guide to Understanding a Score Sheet (Part I)

If you are charged with a felony offense in Florida, the Criminal Punishment Code requires that you be…

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The Real “Rap Sheet” Under the Florida Criminal Punishment Code: A Practical Guide to Understanding a Score Sheet (Part I)
The Character Evidence Conundrum

The Character Evidence Conundrum

unKAP-ed Legal, PLLC was recently commissioned to research character evidence in a trial with a plethora of interesting…

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Can the Prosecution Withdraw a Plea Offer After your Client has Accepted?

Criminal cases general resolve in one of two ways: plea bargain, or trial. Although all criminal defendants have…

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Can the Prosecution Withdraw a Plea Offer After your Client has Accepted?
Motion for Leave to Amend – Can you; should you; will you?

Motion for Leave to Amend – Can you; should you; will you?

It happens to the best of attorneys - the moment you realize that you have filed a Complaint…

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Why Most Attorneys Are Doing it Wrong & Why that Matters

Ah the dreaded 57.105; the moment you receive one, your heart sinks in your chest. However, should you find yourself in the precarious position of receiving a 57.105, take comfort in a few simple facts. First, a 57.105 (or “Motion for Sanctions”) can only be granted in limited situations. The ...
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What Constitutes Fraud on the Court?

By the number of motions to dismiss, filed under this guise of “fraud on the court”, you may be shocked to learn that fraud on the court is rare, and motions alleging fraud should be granted sparingly in only the most egregious of circumstances. This post discusses the procedure for ...
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Settle Your Civil Claim; or Else. Threats of Criminal Prosecution to Gain Advantage in Civil Proceedings.

In the past few weeks unKAP-ed Legal, PLLC has come across the issue of whether a civil attorney can "threaten" criminal prosecution in a demand letter or civil litigation. The answer is not as clear cut as one might think, and largely depends on the purpose of the threat. The ...
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K-9 Sweeps During Lawful Traffic Stops: How Long of a detention is too long?

Since the United States Supreme Court rule in U.S. v. Sharpe, there has been an abundance of case law relating to the length a suspect may be detained during a traffic stop. 470 U.S. 675 (1985). Many, if not all of the cases analyzing this question are in the context ...
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Content Conundrum: Why a Petition for Belated Appeal is not an Appellate Brief

Although we all believe that we can wear any legal hat, sometimes it can be easy to forget that the world of appeals is miles away from the trial realm. What I mean to say is that maybe you should consider hiring an appellate attorney for your unique DCA issues ...
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Motion for Leave to Amend – Can you; should you; will you?

It happens to the best of attorneys – the moment you realize that you have filed a Complaint or an Answer and you’ve left out a cause of action or relevant affirmative defense. This is critically important, especially if you've left out a defense – under Rule 1.140, Florida Rules ...
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Can the Prosecution Withdraw a Plea Offer After your Client has Accepted?

Criminal cases general resolve in one of two ways: plea bargain, or trial. Although all criminal defendants have a right to have their case decided by a jury of their peers, in practice, a vast majority of criminal cases resolve with a plea. A plea bargain can be “open” or ...
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The Character Evidence Conundrum

unKAP-ed Legal, PLLC was recently commissioned to research character evidence in a trial with a plethora of interesting character evidence issues. The experience inspired this post, which will hopefully serve as a very quick, admittedly cursory brush up on Federal Rule of Evidence 404 – character evidence. Like most attorneys, ...
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The Real “Rap Sheet” Under the Florida Criminal Punishment Code: A Practical Guide to Understanding a Score Sheet (Part I)

If you are charged with a felony offense in Florida, the Criminal Punishment Code requires that you be sentenced in accordance with a “score sheet.” Essentially, the score sheet contains the following information: 1) a criminal history of any criminal act, for which the Defendant has been convicted; 2) a ...
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