Cory C. Strolla, P.A., lawyers in West Palm Beach, FL, Florida

Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications

An overhearing is when an individual believes that another has illegally overheard their communication. When a defendant believes that he has been illegally overheard, he may file a motion alleging that an unlawful act of electronic surveillance has been conducted. The defendant may request the disclosure of the electronic communication. The federal government may request that the trial court require the defendant to provide specific information regarding the disclosure of the electronic surveillance. The defendant may be required to provide the following information:More...

DEFENSE OF A THIRD PERSON

A defendant is entitled to use force or deadly force against another person in order to protect a third person from the other person. The defendant must show that he or she reasonably believed that the use of force was necessary to protect the third person. More...

CONDUCT & CAUSATION

A defendant's conduct does not constitute a criminal offense unless the conduct is prohibited by a statute, a municipal ordinance, or a rule. The word "conduct" means an act or a failure to act. The word "conduct" also includes the defendant's mental state. The word "act" is defined as a voluntary movement of the defendant's body. The word "act" includes speech. More...

FEDERAL FIREARMS LAWS

There are several federal laws that regulate firearms traffic into, from, and within the United States. Those federal laws include the Gun Control Act of 1968 (GCA), the National Firearms Act (NFA), and the Arms Export Control Act (AECA). The Department of the Treasury has the authority to administer and to enforce these laws. The Secretary of the Treasury has delegated responsibility for the enforcement of the GCA and the NFA to the Bureau of Alcohol, Tobacco, and Firearms (ATF). The Secretary has delegated responsibility for the enforcement of the AECA to the United States Customs Service (UCSC). More...

JURISDICTION

Jurisdiction is a court's power to hear and to decide cases. There are two types of jurisdiction. The two types are subject-matter jurisdiction and personal jurisdiction. Subject-matter jurisdiction is the power of a particular court to hear and to decide certain types of cases. Personal jurisdiction is the power that a court exercises over a particular person. More...