Case Work Examples

The following publications are merely examples of the different types of motions and such that can be used in your defense. While the facts of the motion are relevant, the names, dates and other information is fictitious as it is merely example. As you can see, there are many types of motions that can be filed for many of the intricacies of the law. It takes a highly-experienced attorney to be able to recognize each of the proper defenses to your case. Call Attorney Steven Sessa today for assistance!

Written Waiver of Appearance

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The following is a sample Written Waiver of Appearance, filed in a Florida criminal case to excuse a defendant from all pretrial conferences under Rule 3.180. These materials are provided for informational purposes only, and are not intended as a substitute for formal legal advice.

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Warrantless Search of a Residence / Curtilage

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The following is a sample Motion to Suppress Evidence challenging a warrantless police search of a defendant’s shed and backyard. Under Florida and federal law, both areas receive Fourth Amendment privacy protections if deemed to be within the “curtilage” of the residence.

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Unlawful Canine Sniff Search / Prolonged Vehicle Stop

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Shown below is an excerpt from a legal memorandum that was filed in a Florida criminal case involving a canine search of a vehicle during a traffic stop. The memorandum was filed as a supplement to an earlier Motion to Suppress evidence of drug paraphernalia.

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Unlawful “Pat Down” Search for Weapons / Stop and Frisk

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The following is a sample Motion to Suppress Evidence addressing the level of suspicion required for police to conduct of a “pat down” search, or “stop and frisk.” These materials are for informational purposes only, and are not a substitute for legal advice.

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Request to Take Judicial Notice

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The following is a sample Request to Take Judicial Notice, filed in a Florida criminal case involving an alleged injunction violation. These materials are provided for general reference only, and are not intended as a substitute for formal legal advice.

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Petition for Writ of Mandamus- Florida Department of Law Enforcement

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The following is a sample Petition for Writ of Mandamus, filed to compel issuance by the Florida Department of Law Enforcement (FDLE) of a certificate of eligibility to seal a criminal history record.  These materials are intended for general reference only, and are not intended as a substitute for legal advice or for legal representation.

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Notice of Taking Deposition

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The following is a sample he following is a sample Notice of Taking Deposition, filed in a Florida criminal case. These materials are provided for informational purposes only, and are not intended as a substitute for formal legal advice.

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Notice of Intent to Rely on Insanity Defense

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The following is a sample Notice of Intent to Rely Upon Insanity Defense, filed under Rule 3.216, Florida Rules of Criminal Procedure. These materials are provided for general reference only, and are not intended as a substitute for formal legal advice.

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Notice of Hearing

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The following is a sample Notice of Hearing, filed in a Florida criminal case.  These materials are provided for general reference only, and are not intended as a substitute for formal legal advice or for legal representation.

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Notice of Expiration of Speedy Trial

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The following is a sample Notice of Expiration of Speedy Trial Time, filed under Rule 3.191, Florida Rules of Criminal Procedure. These materials are provided for general reference only, and are not intended as a substitute for formal legal advice or for legal representation.

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Notice of Discovery

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The following is a sample Notice of Discovery, filed pursuant to Rule 3.220, Florida Rules of Criminal Procedure. These materials are intended for general reference only, and are not intended as a substitute for legal advice or representation by a qualified attorney.

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Notice of Appearance and Written Plea of Not Guilty

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The following is a sample Notice of Appearance and Written Plea of Not Guilty, filed under 3.160(a), Florida Rules of Criminal Procedure. These materials are provided for informational purposes only, and are not intended as a substitute for formal legal advice.

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Notice of Alibi Defense

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The following is a sample Notice of Alibi Defense, filed under Rule 3.200, Florida Rules of Criminal Procedure. These materials are provided for general reference only, and are not intended as a substitute for formal legal advice.

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National Practitioner Databank – Defamation – Statute of Limitations

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The following appellate brief, filed in the Florida Fifth District Court of Appeals, addresses the statute of limitations applicable to a defamation claim brought against a hospital on the basis of an ‘adverse action’ report that was subsequently republished through the National Practitioner Databank (NPDB).

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Motion to Withdraw Plea

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The following is a sample Motion to Withdraw Plea, filed under Rule 3.170(l), Florida Rules of Criminal Procedure. This Motion is provided for general reference only, and is not intended as a substitute for legal advice or legal representation.

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Motion to Withdraw as Counsel

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The following is a sample Motion to Withdraw as Counsel, filed in a Florida criminal case involving non-payment or other irreconcilable differences. These materials are provided for general reference only, and are not intended as a substitute for legal advice or for legal representation.

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Motion to Withdraw as Counsel

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The following is a sample Motion to Withdraw as Counsel, filed in a Florida criminal case involving a conflict of interest. These materials are provided for general reference only, and are not intended as a substitute for legal advice or for legal representation.

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Motion to Vacate or Set Aside Conviction

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The following is a sample Motion to Vacate or Set Aside Conviction and Sentence, filed in a Florida traffic case to lift a Defendant’s Habitual Traffic Offender status.   These materials are presented for informational purposes only, and are not intended as a substitute for formal legal advice.

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Motion to Terminate Probation

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The following is a sample Motion for Early Termination of Probation, filed in a Florida criminal case. These materials are provided for general reference only, and are not intended as a substitute for legal advice or for legal representation by a qualified criminal defense attorney.

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Motion to Take Judicial Notice

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The following is a sample Florida Motion to take Judicial Notice, filed in a criminal case involving the application of a municipal ordinance and city council resolutions.  These materials are presented for general reference only, and are not intended as a substitute for formal legal advice or for legal representation.

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