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Blog Posts in July, 2010

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Degrees of Grand Theft

In the State of Florida, any theft over $300 is considered to be grand theft. Anything under $300 is typically considered to be petit theft, which is a misdemeanor. The value is important because it ...
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FDLE Targets Prescription Drug Trafficking

The Florida Department of Law Enforcement (FDLE) has issued statements regarding their investigations into prescription drug trafficking. Texas Man Arrested for South Florida Prescription Drug ...
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How Long Does A Sealing or Expungement Take?

This is one of the more common questions I get regarding sealing or expunging a criminal record. Of course it's understandable. More often than not, people get their criminal records cleaned for ...
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Oxycodone Sting In Vero Beach

Yet again, Broward's Sun-Sentinel newspaper has provided coverage of oxycodone trafficking, this time in Vero Beach, Florida. Today's Sun-Sentinel (July 28, 2010) features a story about an undercover ...
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Pill Mills: South Florida Pain Clinics Are A Major Source of Oxycodone

In recent posts, I have discussed the proliferation of "pill mills," or pain clinics that provide prescription painkillers, such as oxycodone (OxyContin) and hydrocodone (Vicodin) . These pain clinics ...
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Organized Scheme to Defraud

In the State of Florida, the organized theft of property can be charged as organized scheme to defraud. Under Florida law, a "scheme to defraud" means a systematic, ongoing course of conduct with ...
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Soundings and Calendar Calls

A "sounding" and a "calendar call" are basically the same thing. However, depending on which county you are in, the name is different. In Miami-Dade County, a sounding is a hearing that occurs ...
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Home-Invasion Robbery

Home-invasion robbery means "any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein," as defined under ...
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Carjacking

Carjacking is a form of robbery in which a car is taken directly from a person by force, threat, or use or threat of the use of a weapon. Sometimes, the terms "robbery" and "burglary" are used in the ...
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Lewd Or Lascivious Battery, Molestation, Conduct, and Exhibition

Florida has a few "lewd or lascivious" sex crimes offenses that have serious consequences that can destroy your life, your family, and label you a sexual offender or sexual predator for the ...
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Investigations

You don't have to get arrested in order to retain a criminal defense attorney. Many people, especially those under suspicion of a felony, may find themselves the subject of a police investigation. ...
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Sale of Cocaine

Once again, the sale of drugs is making headline news in South Florida. This particular Sun-Sentinel article (published July 20, 2010, written by Sofia Santana) deals with a mass arrest of suspected ...
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Depositions

Florida is one of just a handful of states that permits depositions in criminal cases. Most states only permit the taking of depositions in civil cases. We are lucky that our state permits criminal ...
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The Cost of Sealing or Expunging Your Criminal Record

I have posted numerous blog entries regarding the issue of sealing or expunging your criminal record. Click on the link above to find out how sealing your record is different than expunging your ...
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Carrying A Concealed Weapon

Carrying a concealed weapon is not the same offense as carrying a concealed firearm. Carrying a concealed weapon is a misdemeanor in the State of Florida, whereas carrying a concealed firearm is a ...
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Battery: Mutual Combatants

Grown folks should never fight unless they are getting paid for it. That's my view. And as a martial artist, you'd think I would love a good knock-down, drag-out brawl. But the truth is, if I'm not ...
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Stay-Away Orders

A stay-away order should not be confused with an injunction, or "restraining order." An injunction is issued in civil court after a petitioner demonstrates to the court that they are in danger of ...
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Traffic Stops

For most of us, the traffic stop is the method by which we come into contact with police officers. A traffic stop can occur for many reasons, valid or invalid. Most frequently, a traffic stop occurs ...
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Drug Court Violations

Like probation, a participant in Drug Court can face sanctions for violating. Drug Court is a diversion program offered to drug possession offenders in Miami-Dade and Broward County. Drug Court is a ...
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Aggravated Assault: Deadly Weapon and Firearm

There are two main types of aggravated assault in the State of Florida: Aggravated assault with a deadly weapon, and aggravated assault with a firearm. They are both third-degree felonies, punishable ...
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DUIs in Pinecrest, Miami-Dade County, Florida

Pinecrest is a nice residential community in Miami-Dade County. It is its own municipality, meaning that it has a government that operates independently (although in conjunction) with the government ...
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Federal Agents Cracking Down on OxyContin Suppliers

Recently, I posted a Sun Sentinel dealing with a rise in the number of oxycodone (OxyContin) and alprazolam (Xanax) deaths in Broward County. However, just yesterday, the Sun-Sentinel featured an ...
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PTD: Pretrial Diversion

I discussed yesterday the fact the PTI (Pretrial Intervention) is a program that exists in Miami-Dade and Broward courts for people charged with felonies. PTD, or Pretrial Diversion, is a program for ...
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Pretrial Intervention (PTI)

The terms PTI (Pretrial Intervention) and PTD (Pretrial Diversion) are used interchangeably. However, it is important to know that PTI is for felony cases, while PTD is for misdemeanor cases. PTI is a ...
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Violent Felonies

In Florida, the most serious crimes are felonies. All felonies are punishable by prison time. The lowest degree of felony, a third-degree felony, is punishable by a maximum of 5 years in prison. The ...
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