Gyllenborg & Dunn, P.A. - The Criminal Defense Law Firm

Challenging the Introduction of Improper Identification Evidence

There are a variety of ways in which a defendant may challenge the introduction of an improper identification.More...

Prosecutions for State Insurance Fraud

Most states have statutes governing the issue of insurance fraud. One may be charged with insurance fraud if: The individual prepared or presented a false or fraudulent written statement; the individual aided, solicited, or conspired in presenting a fraudulent written statement; the individual had the specific intent to defraud the insurer. More...

Right to Effective Counsel and Attachment of the Right to Counsel

The Sixth Amendment to the United States Constitution guarantees a defendant the right to effective assistance of counsel in criminal proceedings. Effective assistance of counsel is presumed. If the defendant claims that his counsel was ineffective, he has the burden of proving that the ineffectiveness prejudiced him and that a different result would have occurred but for the ineffectiveness. Instances that do not constitute ineffectiveness include trial tactics, failure to raise an invalid defense, and failure to argue frivolous matters.More...

JURY INSTRUCTIONS ON THE EVIDENCE

A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must determine the weight that is to be given to the prosecution's evidence and whether the prosecution has proven the defendant's guilt beyond a reasonable doubt. In order to make its determination, the jury is given instructions by a trial court. More...

RIOT, OBSTRUCTION, AND DISRUPTION

A person commits the offense of riot when he or she, along with an assembly of a certain number of persons, creates an immediate danger of injury to property or to other persons or when he or she substantially interferes or obstructs law enforcement or other government functions or services. More...