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South Florida Criminal Attorney | DUI Attorney Blog You Have the Right to Remain Silent Fool! YOU HAVE THE RIGHT TO REMAIN SILENT | USE IT Most people view the fifth amendment as a shelter or haven for individuals who have committed a crime. Invoking your right to remain silent is typically viewed as an admission to criminal conduct.
South Florida Criminal Attorney | DUI Attorney Blog Marijuana DUI Blood Test Marijuana DUI | Amendment 2 In November 2016, the citizens of Florida passed Amendment 2. Amendment 2 legalizes possession and use of marijuana for individuals who have been diagnosed with certain debilitating illnesses.
South Florida Criminal Attorney | DUI Attorney Blog Aggressive Criminal Lawyer and Street Certified Bad Ass* Searching for an Aggressive Criminal Lawyer A Google search for “aggressive criminal lawyer” returns 9,780,000 results. A Google search for “intelligent criminal lawyer” returns 651,000 results. Clearly, people associate the term “aggressive” with “good.” Let’s rephrase that.
South Florida Criminal Attorney | DUI Attorney Blog Adjudication Withheld Florida Statute 948.01 gives the trial court discretion to “withhold adjudication” after imposition of a sentence of probation in felony cases. You are supposedly spared the collateral consequences of a criminal conviction if adjudication is withheld. There are several benefits to having adjudication withheld.
South Florida Criminal Attorney | DUI Attorney Blog 5 Types of Restraining Orders In Florida Filing a Restraining Order in Florida Florida law provides for five (5) different orders of protection against violent conduct. The five (5) different orders of protection are, 1) domestic violence; 2) repeat violence; 3) dating violence; 4) sexual violence and 5) stalking.
Strong Circumstantial Evidence What is Circumstantial Evidence Evidence in a criminal trial can be either direct or circumstantial. Circumstantial evidence is dependent upon inference, logic and/or reasoning to reach a conclusion of fact. Direct evidence is a direct observation of fact that does not need any further thought to reach a factual conclusion.
Aggravated Battery v. Felony Battery Aggravated Battery vs Felony Battery Aggravated battery is always a felony, but felony battery is not always an aggravated battery. Simple battery can be charged as felony battery under certain circumstances. Battery Basics Criminal battery can be either a misdemeanor or a felony.
Drug Court Works The Broward County Drug Court Treatment Program is a pretrial intervention program designed to break the cycle of drug addiction which is crippling the criminal justice system. Broward County’s Drug Court program is the second oldest in the State of Florida and the third oldest in the nation.
Assault and Battery Assault & Battery is a Matter of Do or Do Not The words assault and battery are often incorrectly used together to describe one criminal charge. For example, an individual on a television show might be arrested for “assault and battery.” In reality, assault is a criminal charge and battery is another.
Decriminalization of Marijuana in Broward County, Florida On November 10, 2015, the Broward County Commissioners passed ordinance number 2015-45. The recently passed ordinance gives police officers in Broward County the discretion to issue a civil citation in lieu of a misdemeanor criminal charge for possession of less than 20 grams of marijuana.
Florida Criminal Law What Happens if I Violate Probation? Violation of probation proceedings are expedited. Nevertheless, there are several there are several stages to a violation of probation proceeding. The proceedings typically go in the following order: 1) Charges & Report; 2) Custody and Terms of Release; 3) Discovery; 4) Hearing and Disposition.
Can I Drop Domestic Violence Charges? Domestic Violence Charges This question typically comes up in one of two ways. First, the victim of domestic violence will call to speak with an attorney and say that he or she does not want to press charges. Second, the defendant will call and tell the attorney that his or her significant other does not want to prosecute the case.
Analysis of Postmortem Specimens Strict Liability vs Causation Florida had a strict liability DUI manslaughter statute until 1986. All the state needed to prove was that the defendant was driving while impaired, was involved in a car accident and somebody died as a result of the car accident. It did not matter if the defendant was at fault for the accident.
Data Shows that DUI Cases can be Beat Can I Beat this DUI Charge? That is a very typical question for dui defense attorneys. Most potential clients feel that it is impossible to win a DUI case. Statistics say otherwise. Your chances of winning your DUI case depend exclusively on the facts and circumstances surrounding your arrest.
It’s like golf! Less Points = Better! Am I Going to Prison? Every criminal defense attorney gets asked this question. From DUI cases to murder cases, every defendant is concerned with their exposure to a prison sentence. In felony cases, if you are found guilty, the length of your prison sentence is typically determined by a simple mathematical calculation.
Trial by Combat | R.I.P Rowdy Roddy Piper “He Who Represents Himself has a Fool for a Client” The quote above is attributed to the 16th President of the United States, Abraham Lincoln. It might surprise you, but almost every lawyer hires another lawyer to represent him in any type of legal proceeding.
Not Even Once Is Flakka as Dangerous as it Sounds on the News? Yes and no, but mostly yes. Let’s start with what exactly flakka is. Flakka is alpha-pyrrolidinovalerophenone, but let’s call it A-PVP. A-PVP is a cathinone. Flakka is a Schedule I Controlled Substance under Florida Statute Chapter 893.
“Your Honor, the State requests a continuance.” Florida has two speedy trials rules. The right to a speedy trial under the Sixth Amendment of the United States Constitution is made applicable to the State of Florida through the Fourteenth Amendment. Additionally, Florida Rule of Criminal Procedure 3.191 provides additional protections in excess of those that are constitutionally required.
DHSMV Forms for DUI Administrative Suspension DUI Administrative Hearings If you are arrested for a DUI and either 1) blow > a .08 on the Breathalyzer or 2) refuse a chemical test, your driver’s license will be automatically suspended. The police officer will seize your license and forward it to the DHSMV.
How to Hide Files in Office Step 1) Create Mess; Step 2) Tell people that you know where everything is. Fort Lauderdale ASA Didn’t File 177 DUI Cases On or about May 14, 2015, a long-term DUI case filing attorney for the Broward State Attorney’s Office was fired for “purposefully” not filing at least 177 DUI cases. The unfiled cases spanned a 14 year period of time from 1997 to 2011.