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

A Word About “Pocket Warrants”: Unicorns Are More Real

A “pocket warrant” is common street vernacular for a PCPR. The request is not a warrant at all. Usually, a “pocket warrant” or PCPR refers to an electronic notation in the LEO’s computer database that the authorities want to arrest a person and have reason to believe that that person has committed a felony offense. Unfortunately, the “pocket warrant” or PCPR is not a warrant and does not carry the force of law.

Justified or Excused? The Basics of “Affirmative Defenses” in Criminal Cases in Florida

An “affirmative defense” is a defense which admits the cause of action, but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability. In layman’s terms, “I did it, but my act is justified or excused.” If the defense is accepted by the jury, then the verdict must be “not guilty” because the entire criminal act is excused or justified (and, therefore, legally negated). If the defense is not accepted, the accused has admitted to all the elements of the offense (and usually convicted him or herself).

Acquittal, By Design

By design, it is the jury’s solemn responsibility to doubt everything and make the government satisfy the constitution’s extreme requirements. In this regard, a trial should be an exceedingly difficult proposition for the government regardless of its evidence.

You don’t say … or maybe you did. A brief explanation of witness impeachment by prior inconsistent statement.

The ability to impeach a witness is a trial skill that is perfected over time. It should not be undertaken lightly because a butchered impeachment of a key witness at trial can spectacularly backfire and unintentionally bolster the credibility of the witness. Although the principles of impeachment can be easily learned through studying caselaw, impeachment is better understood in practice and requires years to master. Watching an attorney perform a skillful impeachment is like watching a master craftsman carve a magnificent statute out of a single block of granite. It is akin to an artform. As with many trial skills, the more trial experience an attorney has, the better the attorney usually is at impeaching a witness. In this regard, there are no substitutes for trial experience and trial preparation.

Appellate Bonds in Florida – You Have to Ask

If you or a loved one has been convicted and is appealing or about to appeal a felony conviction, seek legal counsel to determine if you qualify for an appellate bond. Keep in mind – -“You miss 100 percent of the shots you never take.” Wayne Gretzky.

Huh? There’s No “Form” Objection???

Many seasoned Florida practitioners are surprised to learn that the often standard, non-specific, “objection to the form of the question” or simply, “objection, form,” is legally insufficient to preserve an evidentiary objection for trial or review, and, therefore, useless.