Blog Posts in October, 2010
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Posted on Oct 31, 2010 By Eric Matheny
The cops don't care if you're just out having a good time. Any holiday is prime time for law enforcement. Many of you will go out on Halloween night and will have a great time. Sadly, some of you will ...
Continue reading "Arrested on Halloween" »
Posted on Oct 30, 2010 By Eric Matheny
Everybody knows that when a criminal defense lawyer gets a DUI broken down to reckless driving , it's a good thing. Practicing DUI defense in Miami-Dade and Broward, I always aim to either get a DUI ...
Continue reading "Traffic School For Reckless Driving" »
Posted on Oct 29, 2010 By Eric Matheny
A Hialeah man died reportedly during an argument over a cigarette. Police have arrested and charged a 29-year-old man for second-degree murder . Hialeah police reported that the accused got into a ...
Continue reading "Fight Leads To Murder Charge In Hialeah" »
Posted on Oct 28, 2010 By Eric Matheny
Let's face it. Most of us have encountered police officers in our lives. The most common encounter takes place during a traffic stop. Maybe you got pulled over for a traffic violation. Maybe it turned ...
Continue reading "Police Encounters During Traffic Stops" »
Posted on Oct 27, 2010 By Eric Matheny
Unlike its felony counterpart, resisting an officer with violence , resisting an officer without violence is a misdemeanor . Florida law states: Whoever shall resist, obstruct, or oppose any officer ...
Continue reading "Resisting An Officer Without Violence" »
Posted on Oct 26, 2010 By Eric Matheny
There are two ways for prosecutors to prove the crime of DUI in the State of Florida. (1) A blood-alcohol (or breath-alcohol) reading of .08 or higher; (2) Defendant's normal faculties were impaired. ...
Continue reading "Low Blow: How A Breath Reading Under .08 Can Still Mean DUI" »
Posted on Oct 25, 2010 By Eric Matheny
Former Yankee Jim Leyritz is scheduled to stand trial for the charge of DUI manslaughter . It is alleged that in December of 2007, Leyritz was involved in a crash that killed a mother of two. If ...
Continue reading "Ex-Yankee's DUI Manslaughter Trial Begins" »
Posted on Oct 24, 2010 By Eric Matheny
Disorderly conduct is a misdemeanor offense in the State of Florida. Under Florida law, disorderly conduct is defined by statute as: "Whoever commits such acts as are of a nature to corrupt the public ...
Continue reading "Disorderly Conduct" »
Posted on Oct 23, 2010 By Eric Matheny
The benefit of having your record sealed or expunged is that under Florida law, you can legally deny or fail to acknowledge the arrests covered by the sealed or expunged record. You cannot deny the ...
Continue reading "Sealing/Expunging Facts" »
Posted on Oct 22, 2010 By Eric Matheny
News website www.wsvn.com has reported on a disturbing arrest of a Surfside police officer. The officer is accused of pulling over drivers and accepting bribes. The officer, a three-and-a-half-year ...
Continue reading "Officer Arrested in Surfside" »
Posted on Oct 21, 2010 By Eric Matheny
Alcohol and anger never mix. Unfortunately, a young Marine is being accused of murder for shooting his friend during a drunken argument. A U.S. Marine reservist has been charged with first degree ...
Continue reading "Alcohol-Fueled Brawl Turns Deadly" »
Posted on Oct 20, 2010 By Eric Matheny
GHB is a drug used to bring about feelings of euphoria. It is commonly used at nightclubs and raves. It can be known as "Liquid X" for its similarity to ecstasy . GHB comes in powder or liquid form. ...
Continue reading "Trafficking in GHB" »
Posted on Oct 19, 2010 By Eric Matheny
Today in Miami-Dade County, a former Miami Beach police officer was sentenced after accepting a plea deal in a marijuana grow house case. The former Miami Beach police officer was charged with ...
Continue reading "Former Miami Beach Pleads Guilty In Grow House Case" »
Posted on Oct 18, 2010 By Eric Matheny
One of the scariest things I encounter as a criminal defense attorney are clients who have been falsely accused of a crime. It's hard to believe that with all of the technology available to us, that ...
Continue reading "Being Falsely Accused" »
Posted on Oct 17, 2010 By Eric Matheny
Trafficking in oxycodone (OxyContin) is arguably the most serious trafficking offense in the State of Florida. That is because the penalties for trafficking in oxycodone are among some of the toughest ...
Continue reading "Trafficking in Oxycodone" »
Posted on Oct 16, 2010 By Eric Matheny
Trafficking is arguably the most serious criminal offense in the State of Florida. It is not uncommon for people charged with trafficking offenses to serve more time in prison than those charged with ...
Continue reading "Armed Trafficking" »
Posted on Oct 15, 2010 By Eric Matheny
If you pled guilty or no contest to a criminal charge and the judge gave you a withhold of adjudication , you may seal your record provided you are otherwise eligible. If you pled guilty or no contest ...
Continue reading "Can I Seal My Record With a Withhold of Adjudication?" »
Posted on Oct 14, 2010 By Eric Matheny
Recently, a high-speed chase made news in both Palm Beach and Broward County. News website www.local10.com reported on the following: Three young men are facing criminal charges after leading police ...
Continue reading "High-Speed Chase Crosses County Lines" »
Posted on Oct 13, 2010 By Eric Matheny
Every good criminal defense attorney knows when to fight and when to fold. However, a large part of what we do is negotiate plea bargains that will serve our clients' best interests. A good plea ...
Continue reading "Pleas In Sex Crime Cases" »
Posted on Oct 12, 2010 By Eric Matheny
In the State of Florida, police officers may issue a written promise to appear (PTA) instead of physically arresting you. Police officers may issue PTAs for misdemeanor offenses only. If you are ...
Continue reading "Have I Been Arrested?" »
Posted on Oct 11, 2010 By Eric Matheny
In Florida, trafficking in controlled substances is one of the most serious charges that you can face. That is because Florida's legislature has passed laws that impose mandatory minimum sentences on ...
Continue reading "Narcotics Trafficking Charges" »
Posted on Oct 10, 2010 By Eric Matheny
Under Florida law and the 8th Amendment to the U.S. Constitution , you are entitled to a bond when you are arrested and accused of a crime. Unless charged with a capital offense or an offense ...
Continue reading "Non-Bondable Offenses" »
Posted on Oct 9, 2010 By Eric Matheny
Police in North Miami have released surveillance video of a nail salon armed robbery during which an employee was shot. The allegation is that two armed robbers entered the Nails 4U salon at 15528 ...
Continue reading "North Miami Armed Robbery Caught on Camera" »
Posted on Oct 8, 2010 By Eric Matheny
South Florida is a gateway to the drug trafficking networks in the United States. According to the Department of Justice's National Drug Intelligence Center : " Cocaine trafficking and abuse ...
Continue reading "Drug Trafficking in South Florida" »
Posted on Oct 7, 2010 By Eric Matheny
In Miami-Dade County and Broward County, PTD (Pretrial Diversion) and PTI (Pretrial Intervention) may be available for first-time offenders. If the first-time offender qualifies for the program, they ...
Continue reading "Common Myths About Pretrial Diversion (PTD) and Pretrial Intervention (PTI)" »
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