Blog Posts in November, 2010
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Posted on Nov 30, 2010 By Eric Matheny
Voyeurism is a first degree misdemeanor in Florida, punishable by a maximum of 364 days in jail. In order to prove the crime of voyeurism, the State must prove the following elements beyond a ...
Continue reading "Voyeurism" »
Posted on Nov 29, 2010 By Eric Matheny
A person who commits sexual battery upon a person 12 years of age or older without that person's consent, when the alleged victim is physically helpless to resist, commits a felony of the first ...
Continue reading "Sexual Battery: Victim Physically Helpless To Resist" »
Posted on Nov 28, 2010 By Eric Matheny
Florida prohibits a person who has been arrested or lawfully detained by a police officer to give a false name, or otherwise falsely identify himself or herself. This crime is known as false name ...
Continue reading "False Name After Arrest" »
Posted on Nov 27, 2010 By Eric Matheny
Today's Sun Sentinel reports that Boynton Beach police arrested a Wal-Mart shopper on Black Friday for carrying a concealed firearm. Police arrested the customer as he was waiting in a checkout line. ...
Continue reading "Store Customer Charged With Carrying a Concealed Firearm" »
Posted on Nov 26, 2010 By Eric Matheny
Aggravated assault on a law enforcement officer is a serious felony in which a police officer or other law enforcement officer is the alleged victim. Under Florida law, there is a 3-year mandatory ...
Continue reading "Aggravated Assault on a Law Enforcement Officer (LEO)" »
Posted on Nov 25, 2010 By Eric Matheny
Florida law requires that a driver involved in an accident that causes any personal injury must remain at the scene of the accident. While at the scene, the driver must exchange information, such as ...
Continue reading "Leaving the Scene of a Crash Where Somebody Has Died" »
Posted on Nov 24, 2010 By Eric Matheny
By now you have probably heard about the locksmith on Miami Beach who was shot and killed by the owner of a condo in which an eviction was being carried out. The Miami Herald, Sun Sentinel, and a ...
Continue reading "Miami Beach Eviction Killing Could Be a Case of Stand Your Ground" »
Posted on Nov 23, 2010 By Eric Matheny
Today's Miami Herald reported that the Delray Beach police are investigating allegations that nearly 100 cars had their tires slashed near a condo complex off Linton Boulevard. According to reports, ...
Continue reading "100 Car Tires Slashed Equals 400 Counts of Criminal Mischief" »
Posted on Nov 22, 2010 By Eric Matheny
This press release has been issued by the Florida Department of Law Enforcement regarding a massive multi-agency public assistance fraud investigation. As a result 62 South Florida residents have been ...
Continue reading "62 South Florida Residents Charged With Public Assistance Fraud" »
Posted on Nov 21, 2010 By Eric Matheny
No criminal defense attorney wants to see their client found guilty, but sometimes, a guilty verdict is actually a good thing. Under Florida law, many charges - primarily felonies - have ...
Continue reading "Lesser-Included Offenses" »
Posted on Nov 20, 2010 By Eric Matheny
News website www.local10.com is reporting that two workers at a Miami-Dade convenience store have been arrested. Miami-Dade police claim that one of the workers killed a customer with a crowbar ...
Continue reading "Two Miami-Dade Store Workers Held In Customer's Death" »
Posted on Nov 19, 2010 By Eric Matheny
The Sun Sentinel reported that a large scale operation was in effect to catch suspected car burglars in Boca Raton. Car burglary is a felony of the third degree in Florida. The formal name for the ...
Continue reading "Boca Raton Police Chase Suspected Car Burglars" »
Posted on Nov 18, 2010 By Eric Matheny
As you may know, when you are charged with a crime, you have no obligation to present evidence in your own defense. This is known as the presumption of innocence, and it is the cornerstone of our ...
Continue reading "Expert Witnesses" »
Posted on Nov 17, 2010 By Eric Matheny
News website www.local10.com reports that a high-speed chase ended when the suspect's car rear-ended a truck on I-95. Leading police on a chase constitutes the crime of fleeing and eluding in the ...
Continue reading "Fleeing And Eluding Ends In Crash In Broward County" »
Posted on Nov 16, 2010 By Eric Matheny
Florida law provides that an arrest that occurred while somebody was a juvenile (less than 18 years of age) may be eligible to apply for a Juvenile Diversion Expunction. Juvenile diversion programs in ...
Continue reading "Juvenile Expungements" »
Posted on Nov 15, 2010 By Eric Matheny
Florida Statute Chapter 794 covers the crime of sexual battery. It is a complex statutes that encompasses a wide range of scenarios in which people can be charged. (1) As used in this chapter: (a) ...
Continue reading "Florida's Sexual Battery Statute" »
Posted on Nov 14, 2010 By Eric Matheny
The term "constructive possession" denotes a legal theory by which prosecutors can charge you with possession of a substance, even if you never actually possessed the substance. I use ...
Continue reading "Constructive Possession of Marijuana" »
Posted on Nov 13, 2010 By Eric Matheny
Even as a criminal defense attorney, petitions for injunctive relief are right up my alley. That's because when somebody is asking the Court to keep another person away from them, they are usually ...
Continue reading "How To Obtain A Restraining Order/Injunction" »
Posted on Nov 12, 2010 By Eric Matheny
South Florida news website www.nbcmiami.com reports that a Florida kindergarten teacher and her boyfriend ran a drug-trafficking and counterfeiting operation out of their apartment. The couple's ...
Continue reading "Teacher Busted For Oxycodone Trafficking" »
Posted on Nov 11, 2010 By Eric Matheny
Battery on a law enforcement officer, or "batt LEO," is a third-degree felony in Florida, punishable by a maximum of 5 years in prison. The charge is similar to resisting an officer with violence. ...
Continue reading "Battery On A Law Enforcement Officer (Batt LEO)" »
Posted on Nov 10, 2010 By Eric Matheny
Police in Pembroke Pines, Florida, are investigating a suburban home suspected of being a marijuana grow house. According to reports from news website www.wsvn.com, a search warrant was used to ...
Continue reading "Marijuana Grow House Discovered In Pembroke Pines" »
Posted on Nov 9, 2010 By Eric Matheny
In the State of Florida, prostitution is a misdemeanor. It is unlawful to sell sexual services in exchange for money, as it is illegal to purchase sexual services in exchange for money. Both charges ...
Continue reading "Prostitution" »
Posted on Nov 8, 2010 By Eric Matheny
There are a number of serious crimes against law enforcement officers that are felony-level offenses. Some of those offenses include battery on a law enforcement officer and aggravated assault on a ...
Continue reading "Assault On A Law Enforcement Officer" »
Posted on Nov 7, 2010 By Eric Matheny
You've got the education, you've got the experience, you've got glowing recommendations. The only problem is that little question on the job application: Have you ever been arrested for any crime? You ...
Continue reading "Finding A Job With A Criminal Record" »
Posted on Nov 6, 2010 By Eric Matheny
The Sun Sentinel reported that an encounter between a Broward Sheriff's Office deputy and a suspect Friday afternoon ended with the suspect being found dead after his Honda crashed in unincorporated ...
Continue reading "Encounter With Broward Sheriff's Deputy Ends In Shooting" »
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