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Mens Rea: How Courts Determine the Guilty Mind In many cases, an experienced criminal defense attorney in Orlando, FL may find himself arguing on behalf not on the innocence of a defendant’s actions but on their intentions. Courts will often measure two factors in determining guilt: actus reus, meaning the actual physical act of the…
It is always likely in a criminal defense case that you will need to appear in court before a judge or jury. Ultimately any criminal defense attorney in Orlando, FL will tell you that evidence is the deciding factor in a case, but experts have long believed in the persuasive effect of a defendant’s personal…
Thousands of criminal cases are filed and tried in the state of Florida every month. According to OSCA’s Statistical Reference, Guide to Florida’s Trial Court, out of over 170 thousand criminal fillings in 2015 over 89 percent resulted in a guilty verdict. In Orlando alone, over 73 percent of criminal filings were faced with a…
After receiving much criticism, the criminal marijuana citation (which was unique to Orlando, Florida) has been eliminated, effective May 1, 2016. As described in a prior blog, the criminal marijuana citation allowed individuals to go directly to the Clerk of the Court, pay a fine, and end their criminal case. Sounds like a traffic ticket,…
Last month, Orlando, Florida criminal defense attorney Scott Herman secured a deal for a Villages line dance instructor who had been accused of punching another woman at a town square that will allow her to avoid prosecution. Janet Hilgenfeld, 64, of the Village of Winifred, was accused of punching a 54-year-old Villager on Aug. 7 at Spanish…
In late September, Attorney J. Scott Herman won a criminal jury trial for a client charged with theft from Walmart in Orlando. A six person jury in Orange County found the client Not Guilty of all charges, completely exonerating the individual. During the course of his representation, Mr. Herman was able to figure out that…
Based on the results of a class action lawsuit, Orange County has agreed to refund over $41,000 dollars to drivers that were cited for a red light camera tickets and paid them, between Aug. 1, 2012 and May 6, 2013, at one particular intersection, located at Hiawassee and Clarcona- Ocoee Road in Orlando. After traffic…
So you got a “civil ticket” for your possession of marijuana under 20 grams and the officer was “cool” and did not arrest you. The ticket advises you to pay a fine at the clerk of court and you will never have to appear in front of a Judge. Clients have even told me that it would…
On October 13, 2014, Attorney J. Scott Herman went to trial on behalf of one of his clients charged with four felony offenses. The trial was conducted over the course of 3 days in front of the Honorable Judge Lawrence Semento, in Lake County, Florida. Although his client made several incriminating statements to the police,…
Mark has achieved the Clients’ Choice award for 2014 on Avvo. Mark also holds a superb rating on Avvo. The Avvo Rating evaluates a lawyer’s background and is calculated using a mathematical model. Avvo collects background information from multiple sources, including state bar associations, court records, and lawyer websites to make an unbiased and easy…