Legal Pleadings

Miscellaneous Criminal Defense Motions

Memorandum of Law – Burglary

By Fallgatter & Catlin, P.A.

MEMORANDUM OF LAW COMES NOW the Defendant, by and through his undersigned counsel, and hereby files this Memorandum of Law, and in support thereof, states as follows: 1. Burglary Tools Florida Statute 810.06, entitled Possession of Burglary Tools, states the following: Whoever has in his or her possession any tool,…

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Motion to Recuse Judge

By Fallgatter & Catlin, P.A.

VERIFIED MOTION TO DISQUALIFY AND INCORPORATED MEMORANDUM OF LAW COMES NOW the Defendant, by and through his undersigned counsel, pursuant to Rule 2.330, Florida Rules of Judicial Administration, and hereby files this Verified Motion to Disqualify and Incorporated Memorandum of Law, and in support thereof, states as follows: Rule 2.330,…

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Motion To Suppress – Dog Sniff

By Fallgatter & Catlin, P.A.

COMES NOW the Defendant, by and through the undersigned counsel, pursuant to Rules 3.190(h), Florida Rules of Criminal Procedure, and respectfully moves the Court to suppress any and all evidence seized and/or obtained from him, including the firearm recovered from his person and/or the vehicle which he occupied, and any…

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Motion to Exclude Williams Rule Evidence

By Fallgatter & Catlin, P.A.

COMES NOW the Defendant, by and through his undersigned counsel, and hereby files this Motion to Exclude Williams Rule Evidence. In support thereof, defendant states as follows: FACTS 1. The Client is charged with two counts of sexual battery and one count of lewd and lascivious molestation. 2. A trial…

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Motion to Set and Reduce Bond

By Fallgatter & Catlin, P.A.

COMES NOW the Defendant, by and through his undersigned attorney, pursuant to Rule 3.131, Florida Rules of Criminal Procedure, and Article 1, Section 14 of the Florida Constitution, and respectfully moves this Honorable Court to grant bail in a reasonable amount in the above-styled cases. As grounds therefore, the Defendant…

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Motion for Reduction of Bond

By Fallgatter & Catlin, P.A.

COMES NOW the Defendant, by and through his undersigned attorney, pursuant to Rule 3.131, Florida Rules of Criminal Procedure, and Article 1, Section 14 of the Florida Constitution, and respectfully moves this Honorable Court to reduce bond and grant bail in the above-styled cause. As grounds therefore, the Defendant states…

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Motion to Supress Searches & Seizures – Return of Property

By Fallgatter & Catlin, P.A.

MOTION TO SUPPRESS SEARCHES AND SEIZURES AND MOTION FOR RETURN OF PROPERTY Defendants (“D. Defendants”), by and through their undersigned counsel, hereby move to suppress evidence obtained from any/all searches and seizures in this case, and in support thereof, state as follows: TABLE OF CONTENTS Topic Page A. Introduction 2…

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Petition for Writ of Certiorari

By Fallgatter & Catlin, P.A.

COMES NOW the Petitioner, by and through his undersigned counsel, and files this Petition for Writ of Certiorari, and in support thereof states as follows: Introduction 1. On August 5, the Client was stopped by Lt. C. R. P., and, within less than 3 minutes, arrested, allegedly for DUI, by…

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Motion for Leave to Take Deposition – DUI

By Fallgatter & Catlin, P.A.

COMES NOW the Defendant, by and through his undersigned attorney, pursuant to Rule 3.220(h)(1)(D), Fla. R. Crim. P., and respectfully moves the Court for an order permitting the deposition of a two witnesses, who are witnesses designated by the State as a Category A witnesses, and in support thereof, states…

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