Blog Posts in June, 2010
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Posted on Jun 30, 2010 By Eric Matheny
Hydrocodone is a powerful narcotic prescribed by doctors for patients suffering from pain, usually as the result of an injury or after a surgical procedure. Popular brand names include Vicodin, ...
Continue reading "Trafficking in Hydrocodone" »
Posted on Jun 29, 2010 By Eric Matheny
To prove the crime of uttering a forged instrument (forgery), the State of Florida must prove the following three elements beyond a reasonable doubt: 1) Defendant passed or offered to pass as true a ...
Continue reading "Uttering A Forged Instrument " »
Posted on Jun 28, 2010 By Eric Matheny
Attempted second degree murder is a second-degree felony in the State of Florida, carrying a maximum penalty of 15 years in state prison. In order for the State of Florida to charge somebody with ...
Continue reading "Attempted Second Degree Murder" »
Posted on Jun 27, 2010 By Eric Matheny
When placed on probation, the court will impose a period of time in which you will serve your sentence. In a misdemeanor case, probationary periods range from 6-12 months, depending on the charge. For ...
Continue reading "Early Termination From Probation" »
Posted on Jun 26, 2010 By Eric Matheny
By far, the most commonly asked question I get is, "What is the difference between sealing and expunging your record?" According to the Florida Department of Law Enforcement, "when a criminal history ...
Continue reading "What Is The Difference Between Sealing And Expunging Your Record?" »
Posted on Jun 25, 2010 By Eric Matheny
Most criminal cases are resolved through plea negotiations. Very few actually go to trial. As a former Miami-Dade prosecutor, I have significant trial experience. I am always ready and willing to ...
Continue reading "Plea Negotiations" »
Posted on Jun 24, 2010 By Eric Matheny
I get phone calls all the time from people who have received withholds of adjudication for burglary charges. These people want to know if I can help them seal their criminal records. Provided the ...
Continue reading "Sealing A Burglary Charge" »
Posted on Jun 23, 2010 By Eric Matheny
Possession of marijuana (also called cannabis) is a 1st-degree misdemeanor in Florida, punishable by up to 364 days in jail. Any amount under 20 grams is a misdemeanor amount. Any amount over 20 grams ...
Continue reading "Pretrial Diversion For Possession Of Marijuana Cases" »
Posted on Jun 22, 2010 By Eric Matheny
Take a look at your Florida driver's license and read the fine print at the bottom. It states that when you receive a Florida driver's license, you are giving your consent to submit to a breath test. ...
Continue reading "DUI: Implied Consent & Miranda Warnings" »
Posted on Jun 21, 2010 By Eric Matheny
Whether you are in Miami-Dade County or Broward County, you may notice that misdemeanor domestic violence cases are treated differently than your run-of-the-mill misdemeanors such as DUI, driving ...
Continue reading "Bonds In Misdemeanor Domestic Violence Cases" »
Posted on Jun 20, 2010 By Eric Matheny
With hurricanes, the demand tourist attractions, and the steadily growing population, South Florida has long been a hotbed of construction activity. However, like many professionals, the State of ...
Continue reading "Contracting Without A License" »
Posted on Jun 19, 2010 By Eric Matheny
A "double refusal" is when a DUI suspect refuses to perform the field sobriety exercises and refuses to submit to the breath test. In that situation, the only evidence the State of Florida will have ...
Continue reading "DUI: Double Refusal" »
Posted on Jun 18, 2010 By Eric Matheny
The Florida Department of Law Enforcement (FDLE) has a great Frequently Asked Questions page on its website. I encourage you to take a look at it as most of your questions regarding sealing or ...
Continue reading "Sealing and Expunging Frequently Asked Questions" »
Posted on Jun 17, 2010 By Eric Matheny
Bond (sometimes called bail) is an amount of money an accused person, or their family, must pay in order to guarantee the accused person's appearance in court. Since bonds are usually in the thousands ...
Continue reading "Getting A Bond Reduced" »
Posted on Jun 16, 2010 By Eric Matheny
In Florida, individuals convicted of sexual or sexually-motivated offenses may be made to register as Sexual Offenders or Sexual Predators, depending on the severity of their underlying crimes. Both ...
Continue reading "Failure To Register As A Sexual Offender/Predator" »
Posted on Jun 15, 2010 By Eric Matheny
I have discussed the misdemeanor offense of battery and the second-degree felony offense of aggravated battery, but there is one charge that lies right in the middle: felony battery. In Florida, ...
Continue reading "Felony Battery" »
Posted on Jun 14, 2010 By Eric Matheny
Even on your first DUI, you can face enhanced penalties. Specifically, the Miami-Dade State Attorney's Office and Broward State Attorney's Office enforce the increased sentences as mandated by the ...
Continue reading "Enhanced Penalties For First DUI" »
Posted on Jun 13, 2010 By Eric Matheny
Next to sex crimes, no criminal charge carries such a stigma as child abuse. Child abuse, a third-degree felony in the State of Florida, is punishable by up to 5 years in prison. However, ...
Continue reading "Child Abuse" »
Posted on Jun 12, 2010 By Eric Matheny
In the State of Florida (as in most state prisons), inmates are awarded "gain time," or time off of their sentence for every month they serve. I counsel clients who, by way of negotiated plea ...
Continue reading "Prison Gain Time In Florida" »
Posted on Jun 11, 2010 By Eric Matheny
One of the more serious felony domestic violence charges in the State of Florida is the crime of aggravated stalking. Aggravated stalking can be non-domestic, but occurs most commonly among people who ...
Continue reading "Aggravated Stalking" »
Posted on Jun 10, 2010 By Eric Matheny
Much like possession of cocaine with intent to sell, purchase of cocaine is a second-degree felony punishable by a maximum of 15 years in prison. The Florida legistlature considers the buying of ...
Continue reading "Purchase of Cocaine" »
Posted on Jun 9, 2010 By Eric Matheny
Burglary of an unoccupied conveyance is a 3rd-degree felony in the State of Florida, punishable by a maximum of 5 years in state prison. Burglary of an unoccupied conveyance is a fancy term for "car ...
Continue reading "Burglary of an Unoccupied Conveyance" »
Posted on Jun 8, 2010 By Eric Matheny
When people get arrested, even for relatively minor offenses, they always tell me the same thing: I'm afraid. Fear is a common reaction to an arrest, especially for a first-time offender. This is ...
Continue reading "What Can I Expect When Charged With A Misdemeanor? The Criminal Justice Process In County Court" »
Posted on Jun 7, 2010 By Eric Matheny
The Horizontal Gaze Nystagmus, or HGN test, is a field sobriety exercise (or roadside test) conducted by police officers during the course of a DUI investigation. This is the test where officers place ...
Continue reading "Horizontal Gaze Nystagmus (HGN)" »
Posted on Jun 6, 2010 By Eric Matheny
In the State of Florida, disorderly intoxication is a misdemeanor of the second degree, punishable by a maximum of 60 days in jail, a $500 fine, and 6 months probation. Disorderly intoxication arrests ...
Continue reading "Disorderly Intoxication" »
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