Blog Posts in August, 2010
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Posted on Aug 31, 2010 By Eric Matheny
This week, I am in a murder trial before the Honorable Bertilla Soto, in the Miami-Dade County Circuit Court. The right to a trial by jury is a fundamental right. This right is enjoyed by all ...
Continue reading "In The News" »
Posted on Aug 30, 2010 By Eric Matheny
No valid driver's license (NVDL) is a second-degree misdemeanor in Florida, punishable by a maximum of 60 days in county jail. Unlike the charge of driving while license suspended (DWLS) , the State ...
Continue reading "No Valid Driver's License (NVDL)" »
Posted on Aug 29, 2010 By Eric Matheny
Today's Sun-Sentinel featured the following article regarding drug trafficking : ISLAMORADA — The flow of contraband through the Florida Keys was interrupted over the weekend when a large task force ...
Continue reading "Trafficking In Florida Keys Makes News" »
Posted on Aug 28, 2010 By Eric Matheny
Under Florida law, a criminal record cannot be sealed or expunged if the accused was given an adjuciation, or conviction. This applies to both felony and misdemeanor charges. An adjudication cannot be ...
Continue reading "Convictions Cannot Be Sealed Or Expunged" »
Posted on Aug 27, 2010 By Eric Matheny
I often look to the headlines in local Miami/Broward newspapers and websites to see what type of police activity is making the news. I think it's a good indicator of what our local police departments ...
Continue reading "Marijuana Arrest In Coral Gables Makes Headlines" »
Posted on Aug 26, 2010 By Eric Matheny
Check out this story on www.local10.com, posted on August 25, 2010: BSO: Police Bust 6 Grow Houses 232 Arrested In Crime Crackdown FORT LAUDERDALE, Fla. -- More than 200 people were arrested in a ...
Continue reading "Major Broward Grow House Bust" »
Posted on Aug 25, 2010 By Eric Matheny
Burglary with an assault or battery is a first-degree felony punishable by life (1st PBL). It is a non-bondable offense, meaning that should the first appearance judge find probable cause for the ...
Continue reading "Burglary With An Assault Or Battery" »
Posted on Aug 24, 2010 By Eric Matheny
Assault is a misdemeanor of the second-degree, punishable by a maximum of 60 days in jail, 6 months probation, and a $500 fine. Unlike aggravated assault, assault requires no weapon or threat of ...
Continue reading "Assault" »
Posted on Aug 23, 2010 By Eric Matheny
In every case involving an allegation of a marijuana grow house, there is a search. By its very nature, the suspect marijuana is allegedly growing inside of a house. So it follows that in order for ...
Continue reading "Marijuana Grow Houses: Consent Searches" »
Posted on Aug 22, 2010 By Eric Matheny
Aggravated battery can be charged in a number of ways. The most common instance is when somebody touches or strikes another against that person's will with the intent to cause serious bodily harm and ...
Continue reading "Aggravated Battery On A Pregnant Woman" »
Posted on Aug 21, 2010 By Eric Matheny
Florida is a jurisdiction noted for its liberal self-defense laws. That being said, people who exercise lawful self-defense in order to protect themselves or others from imminent bodily harm or the ...
Continue reading "Self-Defense In Battery Cases" »
Posted on Aug 20, 2010 By Eric Matheny
DUIs can be refiled. It is unfair, but it can happen. And it does. Criminal defense attorneys strive for dismissal in a DUI case. And with good strategy, legally-sound motions, and perserverance, a ...
Continue reading "DUI Refiles" »
Posted on Aug 19, 2010 By Eric Matheny
As you may know from previous posts, there is a difference between sealing and expunging a criminal record. To make a long story short, if your charges were dismissed by the State (nolle prosse or no ...
Continue reading "Charges That Cannot Be Sealed" »
Posted on Aug 18, 2010 By Eric Matheny
Trespass is a misdemeanor offense in the State of Florida. Florida law defines trespass in the following manner: 1) Whoever without authorization or license or invitation 2) willfully enters or ...
Continue reading "Trespass" »
Posted on Aug 17, 2010 By Eric Matheny
In Florida, domestic violence is defined by statute as "any assault, battery, sexual assault, or any criminal offense resulting in physical injury or death of one family or household member by another ...
Continue reading "Fighting Domestic Violence Charges" »
Posted on Aug 16, 2010 By Eric Matheny
Did you know that if convicted of specific crimes in Florida, your driver's license can be suspended or revoked by the Department of Highway Safety and Motor Vehicles (DHSMV) ? Here are the crimes for ...
Continue reading "Crimes For Which Suspension Or Revocation of Florida Driver's License is Provided" »
Posted on Aug 15, 2010 By Eric Matheny
Once again, a major seizure of drugs is making news here in South Florida. News agencies are reporting that employees at Miami International Airport were arrested over allegations that they had ...
Continue reading "Airport Seizure of Narcotics Makes News" »
Posted on Aug 14, 2010 By Eric Matheny
Reckless driving in Florida carries different penalties depending on whether it is your first offense, or subsequent offense. Reckless driving is a crime, not just a traffic ticket. It is punishable ...
Continue reading "Maximum Penalties for Reckless Driving" »
Posted on Aug 13, 2010 By Eric Matheny
In the State of Florida, a large number of drug trafficking cases are made with the assistance of confidential informants, or CIs. These informants provide information to law enforcement about drug ...
Continue reading "Confidential Informants (CIs)" »
Posted on Aug 12, 2010 By Eric Matheny
As a criminal attorney, I do not like to rush things. I believe that time is your friend when you are facing criminal charges. I believe that time permits a good criminal lawyer to do a complete ...
Continue reading "The Importance of Timing in a DUI Case" »
Posted on Aug 11, 2010 By Eric Matheny
Today on www.local10.com, there was an article about two Miami-Dade County men who had been found in possession of 93 allegedly stolen credit and gift cards. Here is the full article: S. Fla. Men ...
Continue reading "Credit Card Thefts Make Headline News" »
Posted on Aug 10, 2010 By Eric Matheny
Some criminal charges in Florida are based solely on the possession of weapons. "Possession" in Florida can mean "on or about your person." In other words, a weapon can be considered to be in your ...
Continue reading "Weapons Offenses" »
Posted on Aug 9, 2010 By Eric Matheny
In both felony and misdemeanor cases where an accused person is taken to jail, Florida law mandates that the accused go before a judge within 24 hours of arrest. At the first appearance, the judge ...
Continue reading "First Appearance/Bond Hearing" »
Posted on Aug 8, 2010 By Eric Matheny
Under Florida Statute section 782.04, the crime of felony murder is defined. Now, that seemingly doesn't make sense. After all, isn't murder a felony? Felony murder is a murder committed during the ...
Continue reading "Felony Murder" »
Posted on Aug 7, 2010 By Eric Matheny
Phencyclidine, or "PCP," is a controlled substance in the State of Florida. The most common street name for PCP is "angel dust." However, there are a number of other names for this drug. Check out ...
Continue reading "Trafficking in Phencyclidine (PCP)" »
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