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Florida Man Arrested in Pennsylvania

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The long arm of the law caught up to a man who was charged with manslaughter after the death of his brother.

The Cape Coral Police Department said a man was arrested after a traffic stop by Pennsylvania State Police troopers. He faces a manslaughter with a weapon charge out of Cape Coral.

Cape Coral police said officers with the department were called to a home in Northwest Cape Coral for reports of a patient in cardiac arrest. When first responders arrived at the home, they found the victim with a “very faint pulse.” He was bleeding from the back of his head from “unknown causes at that point.” He was pronounced dead shortly after.

Investigating officers found a shell case near the victim, leading police to believe “the victim’s injuries were not from a medical event,” according to the Facebook post. The medical examiner found a bullet fragment in the victim’s head, and the arrestee was named a “person of interest” in his brother’s death, police said on Facebook.

Arrest Warrants

Arrest warrants from any Florida jurisdiction are valid until served or withdrawn. They’re also valid in all fifty states.

Usually, authorities issue arrest warrants when a suspect is formally charged with a crime or when a defendant misses a court date or violates another court order. If the suspect was caught in flagrante delicto (red-handed), was put in jail, and is out on bond, the criminal law process usually skips directly to the first appearance date.

However, at the conclusion of an investigation for a violent crime, like homicide, law enforcement offices usually ask judges to issue arrest warrants. Once that happens, your best option is to work with a Leesburg criminal defense lawyer and voluntarily surrender.

Jails aren’t very busy in the middle of the week during the middle of the day. Therefore, if a defendant surrenders at this time, it’s normally a book in/book out princess. By the time the sheriff wraps up the paperwork, the defendant’s bond has already been arranged, especially if the defendant works with a Tampa criminal defense lawyer.

Pretrial release usually includes many conditions, such as remaining in the country, working and/or attending school full time, avoiding further trouble with the law, and appearing at all required court dates.

If the defendant misses a court date, or violates another major condition, the judge usually issues a bench warrant. A bench warrant is a combination of an arrest warrant and a court order. Sometimes, peace officers in foreign (out-of-state or out-of-county jurisdictions) don’t serve Hillsborough County arrest warrants. The inmate would be an unnecessary cost and a liability risk. Warrants for serious offenses, like homicide, and bench warrants are different.

Homicide Levels

All homicide is illegal. But Florida law breaks homicide down into categories, usually according to the defendant’s mens rea (criminal state of mind):

  • First Degree Murder: Premeditated murder is usually first degree murder, such as a murder for hire. Alternatively, if the defendant left the scene to get a weapon and came back, that’s premeditated murder as well. First degree murder could also be a special circumstances murder, like killing a peace officer or judge.
  • Second Degree Murder: An intentional killing without aggravating circumstances is second degree murder. If convicted, these individuals usually serve very long prison sentences. However, capital punishment normally isn’t available in second degree murder cases.
  • First Degree Manslaughter: Defendants who intend the conduct but not the result usually face first degree manslaughter charges (e.g. Bill pushes Ted down a flight of stairs). There’s a very fine line between second degree murder and first degree manslaughter.
  • Second Degree Manslaughter: This offense is a reckless killing (e.g. Bill pointed a gun at Ted, thinking it wasn’t loaded, and pulled the trigger). Some second degree murder cases are scared-to-death murder cases or other situations that involve the victim’s pre-existing health condition.

During plea bargaining sessions, Tampa criminal defense lawyers usually focus on charge reduction plea bargains (e.g. first degree to second degree reductions).

 Work With a Thorough Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.

Source:

cbsnews.com/pittsburgh/news/man-accused-killing-brother-florida-arrested-pennsylvania/

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