Criminal Defense

The United States Court of Appeals for the Ninth Circuit (whose jurisdiction includes the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, and the territories of Guam and the North Mariana Islands) was called upon to decide whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense. The answer: yes. California generally prohibits the open or concealed carry of a handgun, whether loaded or unloaded, in public locations. However, one may apply for a license to carry a concealed weapon in the city or county in which he or she works or resides. To obtain such a license, the applicant must demonstrate “good moral character,” complete a…
Under the Fourth Amendment to the United States Constitution, an anonymous tip can provide the basis for an investigatory stop by law enforcement when the tip, as corroborated by independent police work, exhibits sufficient indicia of reliability to furnish police with a reasonable suspicion that the defendant is engaged in criminal activity. For example, in the DUI context, an anonymous tipster can call police and say a blue truck is weaving all over the road and almost struck a guardrail. However, this anonymous tip is not enough for the police to stop the vehicle. In order for police to develop reasonable suspicion for the stop, the officer must independently observe the driver’s action, identify possible signs of impairment (weaving, swerving,…
When searching for a DUI attorney in the St. Petersburg area there are a few aspects to consider. First and foremost, you want to make sure that the person representing you has experience with DUI cases specifically. Important aspects to consider when searching include: The number of cases handled The number of years experience with DUIs The level of courtroom experience The ability to understand fully the facts peculiar to your case No two cases are alike. A reliable and experienced lawyer will help guide you through the stressful and overwhelming process to make sure you are getting the best possible legal advice with respect to your specific case.  Is your attorney familiar with laws pertaining to your area? In Florida, driving…
Health care fraud is an extremely serious charge and can be prosecuted under a variety of state and federal statutes.This type of fraud occurs when a health care provider seeks financial reimbursement from a federal, state, or private health care program by submitting false claims. Many programs like Medicare and Medicaid run on an honor system for billing, which leaves them wide open to fraud opportunities. Recently the U.S. Government has begun cracking down on doctors and other medical professionals in order to curtail the fraud. The types of alleged fraud practiced against health care programs are virtually limitless and state and federal law enforcement is becoming more aggressive and creative in combating perceived fraud. But while the government is becoming more creative in investigating and prosecuting fraud, the billing…
Some people believe they are capable of representing themselves in court against criminal charges.  That is not usually the best course of action.  A large amount of work goes into properly defending a criminal case, including reviewing and analyzing all the charges, interviewing witnesses, examining evidence, scrutinizing the actions of law enforcement officers, researching laws and regulations, filing pre-trial motions, and preparing for trial. If you believe you are being investigated for a crime, or you have been arrested, choosing the right criminal defense attorney is extremely important. It is usually best to hire a local attorney, someone who is familiar with the local practices of the court system.  Scott Flint is a local attorney and is familiar with many of…
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