Blog Posts in May, 2010

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Downward Departure

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 ...
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Probation

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 ...
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Reckless Driving

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 ...
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DUI Enforcement During Holiday Weekend(s)

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. ...
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Branch Court

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 ...
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Search And Seizure

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 ...
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False Verification To A Pawnbroker

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 ...
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The Importance Of Getting Your Domestic Violence Charges Dismissed

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 ...
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Probation Violation Warrants

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 ...
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Bench Warrants

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 ...
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DUI Checkpoints

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 ...
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Grand Theft

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 ...
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DUI: Refusing The Breath Test

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 ...
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Demand For Speedy Trial

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 ...
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10 Things To Be Aware Of When Hiring A Criminal Defense Attorney

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 ...
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Aggravated Battery

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 ...
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Bonds In Drug Trafficking Cases

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 ...
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Community Control

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 ...
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Youthful Offender Sentencing

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 ( ...
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Battery

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 ...
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Juvenile Criminal Charges And Direct Files

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 ...
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DUI Manslaughter

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 ...
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Trial

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 ...
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Hardship License

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 ...
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Removing A Habitual Traffic Offender Designation

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 ...
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