James R. Dirmann, P.A., lawyers in Sarasota, FL, Florida

CARRYING WEAPONS OR EXPLOSIVES ON AN AIRCRAFT

It is a federal offense to carry weapons or explosives on an aircraft. It is also a federal offense to attempt to board an aircraft with weapons or explosives. A defendant commits either of these offenses when he or she: (1) boards or attempts to board an aircraft while possessing on his or her person or property a deadly or a dangerous weapon, which weapon is concealed and which weapon could be accessible to him or her in flight; (2) places or attempts to place aboard any aircraft a loaded firearm in his or her baggage or in any other property that is not accessible to him or her in flight; or (3) places or attempts to place aboard an aircraft any bomb or similar explosive or incendiary device. More...

CONTEMPT

Contempt is defined as conduct that obstructs or tends to obstruct the proper administration of justice. Contempt also includes an act that constitutes disrespectful conduct towards a court. In order to constitute contempt, the act itself must be disrespectful. A person's intent or purpose is not relevant. The fact that the conduct may be irritating to the court does not constitute contempt. More...

INTERNATIONAL PARENTAL KIDNAPPING

A person commits a federal criminal offense if he or she removes a child from the United States with the intent to obstruct the lawful exercise of parental rights. Such offense is prohibited by the International Parental Kidnapping Act, which Act was enacted in 1993. A "child" is defined under the Act as a person who is under the age of 16 years old. The terms "parental rights" mean the right to physical custody of the child, either joint or sole custody, which right includes visitation rights. More...

Hybrid Representation and the Standby Attorney

Hybrid representation is where the defendant serves as co-counsel with an attorney. The defendant does not have a constitutional right to hybrid representation. It is within the trial court's discretion to grant the defendant's request for hybrid representation.More...

HABEAS CORPUS RELIEF

A writ of habeas corpus is used by someone in custody to test the legality of his or her confinement. A writ of habeas corpus applies to all confinement or restraint that is unlawful. A writ of habeas corpus only determines the lawfulness of a person's confinement. It cannot be used as a substitute for a direct appeal of the person's conviction.More...