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Timchula & Smith, P.A.


Criminal Law

FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT
A person commits the offense of a false statement to obtain property or credit when he or she intentionally or knowingly makes a materially false or misleading statement to obtain property or credit on behalf of himself or herself or on behalf of another person. The false or misleading statement must be in writing. More...
SCHOOL SEARCHES
The basic requirement for a search of a student is the reasonableness of the search. If the school officials have a reasonable belief that the search will produce evidence that the student has violated any rules of the school, the officials may search the student. More...
Recusal of Judges
The defendant is entitled to a fair criminal trial. In order for the defendant to be afforded a fair trial, a judge must behave in a proper manner. If the judge engages in improper behavior the defendant may request that the judge recuse himself. More...
Motion for an Acquittal
After a defendant is convicted, he may file a motion for an acquittal. An acquittal is a formal certification of innocence or a finding of not guilty. Typically, the basis for filing a motion for an acquittal is that the evidence does not support the verdict. More...
Eyewitness Identification of the Defendant and Defendant's Fifth and Sixth Amendment Rights
There are various methods in which an eyewitness may identify a defendant. Both in-court and out-of-court identifications may be permitted during a criminal trial. More...

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