About Andra DelMonico, J.D.
Graduating from Stetson University College of Law with a J.D., Andra brings a straightforward approach to legal writing. With over a decade of freelance writing experience, she has a wealth of experience in writing about a broad range of legal topics. She has ghostwritten for individual attorneys, law firms, and businesses. When not writing, Andra spends her time boating and motorcycle riding with her family in sunny Florida.
Articles written by Andra DelMonico, J.D.
Why Can’t Juries Hear All the Evidence? How Judges Decide What Jurors Know
The jury doesn't have the final say on what evidence belongs in the case. The judge generally makes that decision. When an attorney objects to testimony or an exhibit, the judge may need to decide the issue before the jury hears any more. That can mean a sidebar, a hearing outside the jury's presence, or even an instruction telling jurors to disregard something they already heard. It may look like courtroom housekeeping, but these decisions can significantly affect what information ultimately …
Who Pays for Protest Damage? Insurance, Taxes, and Legal Liability
When your property is damaged during a protest, you may have more than one potential source of recovery. Your insurance policy may cover the damage, especially if it includes coverage for riot or civil disturbance. You may also have a civil claim against the person responsible if you can identify them and prove they caused your loss. Claims against a city or other municipality are possible in some circumstances, but they come with additional legal hurdles. For legal help with protest-related …
Is Sampling Music Copyright Infringement? Legal Rules Explained
Using someone else's music in your own song without permission can be copyright infringement, even when the sample is only a few seconds long. The law does not give artists a universal 3-second or 4-bar safe zone, and changing the sample may not be enough to avoid a copyright claim. Sampling has been part of popular music for decades, but the legal rules behind it can get messy fast. One song may involve separate rights in the underlying composition and the actual sound recording. Courts have …
How Are Anti-Piracy Laws Enforced? Takedowns, Lawsuits, and Blocking
Online piracy can be enforced through takedown notices, civil lawsuits, court orders, and, in some cases, criminal prosecution. A copyright owner may ask an online service provider to remove infringing material, sue the responsible party for damages, or seek an injunction to stop the infringement. When the conduct meets the requirements for a federal crime, the government can also pursue criminal charges. If you believe someone is pirating your work, use the Super Lawyers directory to …
How To Research Your Local or State Laws: A Step-by-Step Guide
You can research state statutes and local ordinances for free, often through official government websites and public legal resources. Before you start searching, identify the jurisdiction, use reliable sources, and confirm the law you find is current. Those few steps can save you from relying on outdated or incomplete information. The process can become more complicated when laws overlap, or one section sends you searching through several others. This guide breaks down where to look, how to …
Free Speech in the Military: Can Service Members Be Punished for Expression?
Service members have First Amendment rights, but military service comes with restrictions that civilians don't face. The Uniform Code of Military Justice (UCMJ) allows the military to punish certain speech and expression when it involves disrespect toward superiors, disobedience, conduct that harms good order and discipline, or other prohibited conduct. The military's need for discipline and an effective chain of command can justify limits on expression that would raise very different …
What Is Mandatory Reporting? Duties, Malpractice Risk, and Exceptions
Mandatory reporting laws require certain professionals to report suspected abuse, neglect, exploitation, or other circumstances covered by law to the appropriate authorities. Physicians, nurses, teachers, therapists, and social workers are commonly included, but the exact rules depend on the jurisdiction and the type of conduct involved. A failure to make a required report can have serious consequences, including potential civil liability, criminal penalties, and professional discipline. For …
What Is Hearsay in Criminal Court?
Hearsay is an out-of-court statement that is offered in court to prove that what the person said is true. In a criminal case, that could mean a witness repeating something they heard from someone else rather than testifying about what they personally saw or heard. Hearsay is generally excluded because the person who made the original statement is not available for the usual safeguards of testimony, including cross-examination. However, important exceptions allow certain out-of-court statements …
Beyond a Reasonable Doubt: What the Standard of Proof Actually Demands
Beyond a reasonable doubt requires the prosecution to do more than convince a jury that the defendant probably or possibly committed the crime. The prosecution must prove every element of the offense to the required level of certainty. Jurors must base their decision on the evidence presented at trial. Reasonable doubt does not mean every imaginable possibility of innocence. It means the evidence has left a real doubt that a reasonable person could have about the defendant's guilt. Use the …
Battle of Expert Witnesses: How Criminal Courts Handle Conflicting Science
Criminal courts can hear conflicting expert opinions because qualified experts may interpret the same evidence differently. The judge decides whether an expert is qualified and whether the testimony satisfies the rules for admissibility. Once the testimony reaches the jury, jurors do not have to accept an expert's opinion. They can consider the expert's qualifications, methods, reasoning, and other evidence before deciding how much weight to give the testimony. For personalized legal guidance …
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