Blog Posts in April, 2010
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Posted on Apr 30, 2010 By Eric Matheny
Criminal mischief, in the State of Florida, is the intentional destruction of somebody else's property. It other jurisdictions, it may be called "vandalism." In Florida, criminal mischief can be ...
Continue reading "Criminal Mischief" »
Posted on Apr 29, 2010 By Eric Matheny
A promise to appear (PTA) can be issued in lieu of a physical arrest only in misdemeanor cases. If you are arrested for a felony, you will be handcuffed, taken to jail, and likely made to post a bond. ...
Continue reading "PTA: Promise To Appear" »
Posted on Apr 28, 2010 By Eric Matheny
In Florida, the burglary of an unoccupied structure is a third-degree felony punishable by up to 5 years in state prison. All an "unoccupied structure" is is an unoccupied building not used as a ...
Continue reading "Burglary of an Unoccupied Structure" »
Posted on Apr 27, 2010 By Eric Matheny
The economy sucks. That's no secret. Unemployment has risen to its highest levels in years. Even with an excellent education, valuable experience, and otherwise marketable skills, an arrest or ...
Continue reading "Why Cleaning Your Record Is More Important Now Than Ever Before" »
Posted on Apr 26, 2010 By Eric Matheny
The State of Florida has some of the toughest laws in the country regarding violent crime. Laws, such as Florida's famous 10-20-Life law, impose mandatory sentences on offenders who use firearms ...
Continue reading "Stand Your Ground: An Absolute Defense in the State of Florida" »
Posted on Apr 25, 2010 By Eric Matheny
Aside from marijuana grow houses, trafficking in cocaine is one of the most serious felony-level drug offenses in South Florida. Particularly in Miami, Miami-Dade County, and parts of Broward, such as ...
Continue reading "Trafficking in Cocaine" »
Posted on Apr 24, 2010 By Eric Matheny
Unless you've never watched a cop show on TV, chances are you have heard the famous words, "You have the right to remain silent. Anything you say can and will be used against you in a court ...
Continue reading "Talking To The Cops: Confessions And Spontaneous Statements" »
Posted on Apr 23, 2010 By Eric Matheny
In the State of Florida, there are the criminal charges of Resisting an Officer With Violence and Resisting an Officer Without Violence. Resisting an Officer With Violence is a third-degree felony ...
Continue reading "Resisting an Officer With Violence" »
Posted on Apr 22, 2010 By Eric Matheny
In the State of Florida, people accused of crimes that result in damage to property or injury to another can be made to pay restitution to the alleged victim, or victims. This is in addition to a ...
Continue reading "Restitution" »
Posted on Apr 21, 2010 By Eric Matheny
One of the most natural question to ask when you have been arrested and charged with a crime is, " What am i facing? " It's human nature to want to know the worst-case scenario. Every criminal charge ...
Continue reading "Sentences: Maximum, Minimum, and Mandatory" »
Posted on Apr 20, 2010 By Eric Matheny
Under normal circumstances, a DUI is a misdemeanor. However, I want to discuss three situations in which a DUI becomes a felony. If this is your 3rd DUI within 10 years of your last DUI conviction, or ...
Continue reading "Felony DUI: 3rd Or Subsequent, Serious Bodily Injury, and DUI Manslaughter" »
Posted on Apr 19, 2010 By Eric Matheny
Leaving the scene of an accident, or LSA, is a common misdemeanor criminal traffic offense in the State of Florida. In non-legal terms, it is known as a "hit and run." For the purposes of this blog ...
Continue reading "LSA: Leaving The Scene of An Accident" »
Posted on Apr 18, 2010 By Eric Matheny
For first-time offenders with cases that have been dismissed, or non-disqualifying charges whereby the accused has received a withhold of adjudication, usually find that their sealing or expunging ...
Continue reading "Sealing and Expungement Issues" »
Posted on Apr 17, 2010 By Eric Matheny
In the State of Florida, alprazolam, the genetic name for the drug commonly known on the market as Xanax, is a Schedule IV substance. A Schedule IV substance is defined as, "[having] a low potential ...
Continue reading "Alprazolam (Xanax): Possession, Sale, and Trafficking" »
Posted on Apr 16, 2010 By Eric Matheny
I have discussed probation violations before, but I want to focus on the most common types of probation violations: technical violations. New law violations, or new arrests, can violate your ...
Continue reading "Technical Probation Violations" »
Posted on Apr 15, 2010 By Eric Matheny
I have discussed the crime of burglary on this blog many times before, but today I want to focus on the crime of armed burglary. In the State of Florida, and particularly in Miami and Broward, armed ...
Continue reading "Armed Burglary" »
Posted on Apr 14, 2010 By Eric Matheny
Recent posts have discussed the crime of burglary in the State of Florida. However, as you may know, burglary is a crime that can occur in a number of places. It may occur in a car, which is called ...
Continue reading "Burglary of an Unoccupied Dwelling" »
Posted on Apr 13, 2010 By Eric Matheny
In South Florida, namely Miami and Broward, there are tens of thousands of people driving around with suspended licenses. These suspensions occur for a number of reasons. The most common reason why ...
Continue reading "Fixing Your Suspended License" »
Posted on Apr 12, 2010 By Eric Matheny
When facing criminal charges, it is important to know the difference between a withhold of adjudication and an adjudication. A withhold of adjudication (simply called "a withhold") or an adjudication ...
Continue reading "Withhold of Adjudication Versus Adjudication" »
Posted on Apr 11, 2010 By Eric Matheny
Possession of Marijuana under 20 grams is a misdemeanor in the State of Florida, punishable by up to 364 days in county jail, one year of probation, and a $1000 fine. Possession of marijuana is a ...
Continue reading "Possession of Marijuana " »
Posted on Apr 10, 2010 By Eric Matheny
If you are stopped, and the police officer suspects that you are DUI, he or she may ask you to perform Field Sobriety Exercises (FSEs), also known as "field sobriety tests," or simply "roadsides," due ...
Continue reading "DUI Field Sobriety Exercises" »
Posted on Apr 9, 2010 By Eric Matheny
Just being accused of a sex crime can ruin your life. You can lose your job. You can be kicked out of school. Your marriage and family life can be destroyed. The stigma of a sexually-motivated offense ...
Continue reading "Sex Crimes" »
Posted on Apr 8, 2010 By Eric Matheny
Florida is a tough state. The government has instituted a number of mandatory minimum sentences that apply to various crimes. It doesn't matter if you are a first-time offender. If you are accused of ...
Continue reading "Mandatory Minimum Sentences" »
Posted on Apr 7, 2010 By Eric Matheny
Fleeing and Eluding is a felony of the third degree, punishable by up to five years in prison in the State of Florida. This crime involves failing to pull over when a police officer is attempting to ...
Continue reading "Fleeing and Eluding" »
Posted on Apr 6, 2010 By Eric Matheny
When I was a Miami-Dade prosecutor, crimes against police officers were some of the most troublesome to resolve. This is because the elected State Attorney in Miami-Dade County has taken a hardline ...
Continue reading "Crimes Against Law Enforcement Officers" »
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