Atkinson Lewis’ Post

🤝 Can Charges Be Dropped in Florida If the Victim Forgives? 🤝 In Florida, it's important to understand that the decision to drop charges ultimately lies with the prosecution, not the victim. While the victim's forgiveness and cooperation may influence the prosecutor's decision, it doesn't guarantee automatic dismissal. The prosecution assesses various factors, including the severity of the offense, evidence, and public interest. They consider the victim's wishes but prioritize public safety. At Hanlon Law Firm, our experienced attorneys can navigate the legal process and negotiate on your behalf. If you're seeking resolution or reduction of charges, contact us for expert legal guidance. Your future deserves dedicated advocacy. ⚖️ https://lnkd.in/dJeC_DT #tampa #tampabay #sarasota

As our legal system faces increasingly complex cases, the decision to consolidate lawsuits, especially in sexual abuse cases, becomes more complicated. It's essential to balance efficiency with client sensitivity in MDLs to address the unique needs of abuse survivors effectively. BMBF Partner Philip C. Federico authored an op-ed discussing the nuanced considerations of MDL consolidation in abuse cases. Read more here https://lnkd.in/gJuKUnAV

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A home paternity test cannot be used in court due to lack of chain of custody and accredited laboratory testing. Court-ordered tests are the only legally admissible option, #PaternityTesting #LegalAdmissibility Click here to learn more https://lnkd.in/esi9Cj-V

।. INTRODUCTION “The issue of identification is one for you to decide as a question of fact”.[1] Identification evidence is highly persuasive to triers of fact. There is an intuitive sense that when someone witnesses a stranger commit a crime, he or she should be able to remember that face. After all, we see and remember faces every day. However, more than four decades of research has revealed this assumption to be flawed, there is clear evidence that witnesses often struggle with accurately recognising the face of a stranger perpetrator[2]. Indeed, although eyewitness testimony can be an important and valuable form of evidence, eyewitness identification errors are a leading cause of wrongful convictions in many countries[3]. The evidence which requires particular attention is identification evidence, which resembles confession evidence in being, at the same time, both extremely compelling and potentially unreliable. Witnesses are frequently required to identify persons whom they have only seen fleetingly and often in confused circumstances. The identification of the perpetrator is often the only issue that needs to be determined in a criminal trial[4]. Mistaken identity may often occur in good faith, but the effects can be extremely serious for the defendant and, for this reason, there is an obvious need for caution in relation to such evidence. As with evidence of lies by the defendant, the hazards associated with identification evidence are addressed by means of a Judge’s direction, but there are additional safeguards which apply where the identification has been made by means of a formal procedure conducted under police supervision, such as an identification parade[5]. In its 1993 Report, the Royal Commission on Criminal Justice spoke of the compromise that has to be struck between crime control and due process values, so that “the risks of the innocent being convicted and the guilty being acquitted are as low as human fallibility allows”[6]. There are references to the need to strike a reasonable balance between the protection of a suspect’s rights and allowing the police the freedom to do their job throughout the Report, leaving the reader with the impression that if we could find this rather mystical balance, then all would be well.... https://lnkd.in/eBc484ZM

A paternity test can be required in several situations, including proving paternity in a court of law, changing a child’s name on birth certificate and child custody cases. .  Regina DNA Test offer the most advanced paternity test to establish if a father and his children are biologically related. Ready to establish legal certainty?  DM us now to explore our advanced paternity testing services at Regina DNA Test. . . . #PaternityTesting #BiologicalBonds #LegalCertainty #ReginaDNATest #AdvancedTesting #CourtProcedures #CustodyCases #DNAVerification #FamilyConnections #ParentageConfirmation #DMforDetails #TruthUnveiled

Paternity dispute is a common issue in family law cases across the world., The determination of paternity disputes has been significantly impacted with the advent of advanced DNA testing technology. Read more on the process of obtaining a court order to prove paternity through a DNA test in Nigeria via https://lnkd.in/da2-YH_B

You have the right to know the truth. Paternity testing can offer clarity and can be a step towards building stronger family connections. Learn more about paternity testing: https://zurl.co/Bdqy #KnowledgeIsPower #paternitytesting #DNAtesting #paternity #childsupport #custodybattle #familylaw #legal #accuracymatters #peaceofmind #paternityregistry #DNA #FamilyHistory #BiologicalFather #Closure #TruthMatters #LegalCertainty #KnowYourLineage #MedicalMystery

The myth of the ‘perfect victim’ is still holding strong, at least in this recent Supreme Court case. In S.K. v S.U.K, 2024 BCSC 168 the Court dismissed the complainant’s request to extend a ex-parte protection order despite a history of physical and sexual abuse as well as reproductive coercion.     Reason: She doesn’t act like a victim The accused said his wife didn't act like she was abused and the court agreed. Despite the plethora of scientific studies, reports and victim accounts on trauma responses, the default attitude is still “if you don’t act like a real victim, then you must not be one”.   The court questioned why the claimant never pursued charges of sexual abuse if she was actually being abused. The complainant locked herself (and her child) in a bedroom every night to prevent her husband from physically and sexually assaulting her. The court's response to this claim? At para 40 “if they were so afraid of the respondent that they locked the door at night, the claimant does not provide any explanation as to why she continued to share the residence with the respondent for another two weeks before obtaining the ex parte order.”   The Court explained how difficult it is to assess credibility in truth in casesike these. But one has to ask themselves, on a balance of probabilities, who would have the most incentive to lie? The victim, who knows she probably won’t be believed and runs the risk of being falsely accused of parental alienation? Or the accused who has a lot to lose?   In the end, the Court labeled the situation as one of conflict not of abuse. In order to precent further conflict the Court saw fit to prohibit the accused from being attending the matrimonial home where the complainant resides EXCEPT for pickup and drop off of their child.   If there's enough of a risk to prohibit an individual from attending a location then there should be no exceptions. Particularly when children are involved. It’s a perfect example of how desperately we need a mechanism for assessing judicial decisions in family law to determine if they align with what research tells us about family violence, victim response, future risk of harm, and the effect abuse has on children (such as the medical model of M&M meetings you can read about in my recent blog post).