Blog Posts in May, 2010
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Posted on May 31, 2010 By Eric Matheny
We criminal defense attorneys fight day in and day out for the rights of our clients. But magicians we are not. Sometimes, clients come to us with cases where the proof of guilt is strong. There may ...
Continue reading "Downward Departure" »
Posted on May 30, 2010 By Eric Matheny
I have written at length about probation violations in previous posts, but what exactly is probation? Probation is a sentence that can be imposed by way of a plea agreement between the accused and the ...
Continue reading "Probation" »
Posted on May 29, 2010 By Eric Matheny
In the State of Florida, reckless driving is a second-degree misdemeanor punishable by a maximum of 90 days in jail and a $500 fine. In order to be charged with reckless driving, the State must prove ...
Continue reading "Reckless Driving" »
Posted on May 28, 2010 By Eric Matheny
One of my recent posts dealt with the subject of DUI checkpoints throughout Miami-Dade and Broward County. In fact, just last weekend, there was a DUI checkpoint on Collins and 96th in Bal Harbour. ...
Continue reading "DUI Enforcement During Holiday Weekend(s)" »
Posted on May 27, 2010 By Eric Matheny
For misdemeanors and county ordinance violations in Miami-Dade and Broward County, cases are often assigned to various "branch" courts, or satellite courts as they are called in Broward County. Due to ...
Continue reading "Branch Court" »
Posted on May 26, 2010 By Eric Matheny
The 4th Amendment to the U.S. Constitution protects against unlawful search and seizure. It was very important to the founders of our country that law enforcement not have the right to search through ...
Continue reading "Search And Seizure" »
Posted on May 25, 2010 By Eric Matheny
In Florida, it is a felony to sell items that you know are stolen to a pawnbroker, or pawn shop. In order to deter people from selling knowingly stolen items, every Florida pawn shop requires sellers ...
Continue reading "False Verification To A Pawnbroker" »
Posted on May 24, 2010 By Eric Matheny
Before you even think about pleading guilty or no contest to any felony or misdemeanor domestic violence charges in the State of Florida, read this! If you are a first-time offender and the alleged ...
Continue reading "The Importance Of Getting Your Domestic Violence Charges Dismissed" »
Posted on May 23, 2010 By Eric Matheny
If you are or have ever been on probation in the State of Florida, you know that a probation violation can lead to the issuing of a probation violation warrant. If a probation violation warrant is ...
Continue reading "Probation Violation Warrants" »
Posted on May 22, 2010 By Eric Matheny
A bench warrant is a warrant issued by a County Court judge for failure to appear in court on a misdemeanor or criminal traffic charge, such as DUI, driving while license suspended (DWLS) , reckless ...
Continue reading "Bench Warrants" »
Posted on May 21, 2010 By Eric Matheny
I write this entry to provide you with both general information about DUI checkpoints, and as a public service announcement regarding a specific DUI checkpoint that will be taking place on Friday, May ...
Continue reading "DUI Checkpoints" »
Posted on May 20, 2010 By Eric Matheny
Grand theft is a felony-level crime in the State of Florida. This blog entry does not deal with grand theft auto, which is a separate crime. This entry deals only with the offense of grand theft, a ...
Continue reading "Grand Theft" »
Posted on May 19, 2010 By Eric Matheny
Previous posts have discussed breath-alcohol testing, and the inherent problems with the Intoxilyzer 800, the breath test machine used by law enforcement agencies all throughout Florida. However, as ...
Continue reading "DUI: Refusing The Breath Test" »
Posted on May 18, 2010 By Eric Matheny
The U.S. Constitution guarantees a right to a speedy trial. In Florida, the natural speedy trial period for a felony is 175 days. For a misdemeanor, the speedy trial period is 90 days. A natural ...
Continue reading "Demand For Speedy Trial" »
Posted on May 17, 2010 By Eric Matheny
In South Florida, namely Miami-Dade and Broward County, there are literally hundreds of criminal lawyers to choose from. You may find criminal lawyers on the Internet, you may find them in court, or ...
Continue reading "10 Things To Be Aware Of When Hiring A Criminal Defense Attorney" »
Posted on May 16, 2010 By Eric Matheny
Aggravated battery in the State of Florida is a very serious violent felony offense. Often confused with the lesser charge of " aggravated assault," aggravated battery actually involves the harmful ...
Continue reading "Aggravated Battery" »
Posted on May 15, 2010 By Eric Matheny
In any drug trafficking case, you can expect that the original bond is going to be set at a high amount. This is because the initial appearance judge will only have the arresting officer's ...
Continue reading "Bonds In Drug Trafficking Cases" »
Posted on May 14, 2010 By Eric Matheny
In Florida, house arrest as a judicial sentence is referred to as community control. It is similar to probation except that the individual is confined to their home. Typically, the court will allow ...
Continue reading "Community Control" »
Posted on May 13, 2010 By Eric Matheny
In the State of Florida, a court may impose a youthful offender (YO) sentence to somebody who is at least 18 years old who has been transferred for prosecution to circuit court from juvenile court ( ...
Continue reading "Youthful Offender Sentencing" »
Posted on May 12, 2010 By Eric Matheny
In Florida, battery is the crime of intentionally touching or causing harm to somebody else without that person's consent. Battery is a common domestic violence charge, but plenty of people are ...
Continue reading "Battery" »
Posted on May 11, 2010 By Eric Matheny
While I was still in law school, I interned in the Juvenile Division of the Miami-Dade State Attorney's Office. Later, when I became an Assistant State Attorney, I spent a considerable amount of time ...
Continue reading "Juvenile Criminal Charges And Direct Files" »
Posted on May 10, 2010 By Eric Matheny
DUI Manslaughter is a very serious crime in the State of Florida. Both the Miami-Dade State Attorney's Office and the Broward State Attorney's Office assign only the most experienced prosecutors to ...
Continue reading "DUI Manslaughter" »
Posted on May 9, 2010 By Eric Matheny
A significant part of a criminal defense attorney's job is to work toward the best resolution of a client's case. In many circumstances, that may be getting the charges dismissed, getting a felony ...
Continue reading "Trial" »
Posted on May 8, 2010 By Eric Matheny
In Florida you may be able to get a hardship license in order to drive to and from work, to and from school, to or from medical visits, and to and from your child care facility. If your driver's ...
Continue reading "Hardship License" »
Posted on May 7, 2010 By Eric Matheny
In the State of Florida, you can become a habitual traffic offender (HTO) if you have three driving while license suspended (DWLS) convictions within a five year period. But while DWLS is a criminal ...
Continue reading "Removing A Habitual Traffic Offender Designation" »
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