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The Trial Dog

Anthony Candela is the Trial Dog and a Board-Certified attorney. He opened the Candela Law Firm, P.A. in 2014 and handles criminal trials and appeals (as well as estate planning, wills, and trusts). He received his J.D. from Duquesne University School of Law in 2000 and his B.A. in Political Science from King’s College in 1996. As an expert in criminal law and procedure, he has tried over a hundred cases to verdict. Since 2008, he has been certified and recertified by the Florida Bar in Criminal Trial three times. He has also argued several dozen appeals. In the federal system, he is admitted to the Middle District of Florida and the Eleventh Circuit Court of Appeal. #candelalawfirm #thetrialdog

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Failure to do your job.

No other type of law practice comes close to what is required and expected of the criminal defense attorney. It is no wonder very few attorneys actually practice this type of law. It is even less surprising that only a select few from that small number actual know what they are doing and provide truly exceptional representation.

Over the past 40 years, the responsibilities and obligations of the defense attorney have grown. Many attorneys struggle to keep up with the changing requirements and fail their clients. In the end, the defendant cannot outrun bad lawyering, and that sucks. Contrary to popular belief, an accused is not entitled to competent counsel but to an attorney who does not make mistakes that affect the outcome of the case.

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My Defense Attorney Made a Mistake. Now What?

Merriam-Webster dictionary defines a “mistake” as “to be wrong” or “a wrong action or statement proceeding from faulty judgment, inadequate knowledge, or inattention.”[i] If your attorney makes a mistake that affects your case’s outcome, you may have a claim for “ineffective assistance of counsel.” Attorneys are human; they make mistakes.

Like the other parts of the Bill of Rights, the Sixth Amendment guarantees certain fundamental rights. It guarantees most of the basic constitutional criminal rights to Americans, including the right to a speedy and public trial, the right to be indicted where the offense occurred, the right to an impartial jury, the right to be informed of the nature of the offense, the right to confront and cross-examine the witnesses against him, and the right to have the assistance of counsel. Sixth Amendment (1791).

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Decisions, Decisions

In any representation, the defendant makes various decisions, and the attorney makes other decisions. These decisions are clearly defined. The decisions made by the attorney are called “legal decisions.” On the other hand, the defendant makes certain fundamental decisions.

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Minimum Mandatory Penalties are Excessively Awful

The inequities caused by these minimum mandatories have resulted in massive ethnic and racial disparities in sentencing. It has also resulted in first-time offenders being walloped by a gigantic, inflexible sentence that almost certainly results in an unjust result.

I Object!

Error preservation is one of the most important trial skills a trial attorney must master to represent a defendant effectively. There is no greater tragedy than having an appellate court lament that the issue raised on appeal would be a valid, reversible error (meaning it gets the defendant a new trial), but for the fact that the trial attorney failed to object at trial properly.

(C) is for Second Chance?

In limited circumstances, a defendant may move within 60 days of being sentenced or 60 days of the mandate on the direct appeal to have the sentencing court review the sentence and possibly modify or reduce the sentence.

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“Effective Assistance” Means a Little More

“Trial attorneys must avoid improper argument if the system is to work properly. If attorneys do not recognize improper arguments, they should not be in a courtroom. If trial attorneys recognize improper argument and persist in its use, they should not be members of The Florida Bar.”

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Can’t Make the Sick Chicken Better

There is also a human element to a criminal defense. The accused is a person. Usually, the accused has family and friends that care about him/her regardless of what the allegations might be. A good criminal defense attorney recognizes this and tries to nurture a relationship with the client and his/her family in order to better serve the client. While it might not be in the book definition of criminal defense, it is my book regarding criminal defense that people need to be treated right and that starts with honesty and integrity in discussions about the case and treating people with dignity and respect they deserve for being human (regardless of what they are accused of or may or may not have done).