Blog Posts in April, 2011
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Posted on Apr 30, 2011 By Eric Matheny
Earlier this year, I discussed how Gabriel Delrisco, a Homestead man accused of three counts of DUI manslaughter for the deaths of three children, had entered an open plea of guilty to the court in ...
Continue reading "Homestead Man Charged With DUI Manslaughter Sentenced to 30 Years" »
Posted on Apr 29, 2011 By Eric Matheny
In Broward County, Florida, you may be eligible to go to Drug Court for your misdemeanor possession of marijuana case. This is a novel concept. In fact, Broward County, Florida, had the first ever ...
Continue reading "Misdemeanor Drug Court (Broward County)" »
Posted on Apr 28, 2011 By Eric Matheny
In Florida, a criminal sentence can be concurrent or consecutive if an accused person is sentenced in more than one case, or on more than one charge. A concurrent sentence it one that runs at the same ...
Continue reading "Concurrent And Consecutive Sentencing" »
Posted on Apr 27, 2011 By Eric Matheny
A juvenile direct file is when a juvenile is charged as an adult and his or her case is sent from juvenile court to adult court. Here is the statutory criteria by which State Attorneys decide whether ...
Continue reading "Mandatory and Discretionary Juvenile Direct Files" »
Posted on Apr 26, 2011 By Eric Matheny
A conviction is an adjudication of guilt. It should not be confused with a withhold of adjudication, which is not a conviction. If you have any convictions on your record whatsoever, you will not be ...
Continue reading "A Conviction Will Prevent The Sealing Or Expunging of your Record" »
Posted on Apr 25, 2011 By Eric Matheny
Unlike a misdemeanor charge, a felony information - also known as a formal charging document - must be filed by the State Attorney in order for you to be charged with a felony. A misdemeanor does not ...
Continue reading "Filing of Formal Felony Charges" »
Posted on Apr 24, 2011 By Eric Matheny
I receive phone calls nearly everyday from people recently charged with crimes. During my discussions with these folks, I learn of how they came to encounter the police. Oftentimes, I find that the ...
Continue reading "Motion to Suppress" »
Posted on Apr 23, 2011 By Eric Matheny
The Palm Beach Post reports that a Boca Raton man was arrested earlier this week on domestic violence charges after he allegedly placed his 70-year-old mother in a headlock and put a kitchen knife to ...
Continue reading "Boca Raton Man Arrested For Felony Domestic Violence" »
Posted on Apr 22, 2011 By Eric Matheny
Did you know that you could face up to 30 years in state prison for a non-violent theft offense? Grand theft in the first-degree is the most serious degree of grand theft. As you probably know from ...
Continue reading "First-Degree Grand Theft" »
Posted on Apr 21, 2011 By Eric Matheny
A group of concerned Miami citizens is reportedly pushing for tougher enforcement of prostitution laws and stiffer penalties for alleged offenders. Local 10 reports that a group of Miami's Upper ...
Continue reading "Miami Residents Pushing For Tougher Action Against Alleged Prostitution" »
Posted on Apr 20, 2011 By Eric Matheny
A Broward Sheriff's Office deputy who was involved in a high speed collision that killed a 14-year-old girl last year is out on bond after turning himself into police on vehicular homicide charges ...
Continue reading "Former Broward Sheriff's Deputy Charged With Vehicular Manslaughter and Reckless Driving" »
Posted on Apr 19, 2011 By Eric Matheny
I have spent lots of time discussing plea negotiations on this blog. That's because most criminal cases are resolved by plea. A good criminal defense attorney knows how to negotiate from a position of ...
Continue reading "Court Pleas" »
Posted on Apr 18, 2011 By Eric Matheny
You don't have to be a criminal defense attorney to know that murder is the most serious criminal offense that you can be charged with. In Florida, murder can be broken up into degrees based on the ...
Continue reading "Degrees of Murder" »
Posted on Apr 17, 2011 By Eric Matheny
The Sun Sentinel reports that one person was killed and four others suffered stab wounds early Sunday after a fight broke out in a Fort Lauderdale bar. What started as an argument between a patron and ...
Continue reading "Fort Lauderdale Bar Fight Ends in Fatal Stabbing" »
Posted on Apr 16, 2011 By Eric Matheny
In Southwest Miami-Dade, police are searching for a person in connection with a police-involved shooting. According to Local 10, Miami-Dade detectives have identified a suspect in the attempted murder ...
Continue reading "Miami-Dade Man Wanted For Attempted Murder of Police Officer" »
Posted on Apr 15, 2011 By Eric Matheny
WSVN reports that Broward County police are searching for the suspects allegedly responsible for brutally beating an elderly man. The alleged victim is 76. While walking along the Hollywood Broadwalk, ...
Continue reading "Broward Police Look for Suspects In Beating Of Elderly Man" »
Posted on Apr 14, 2011 By Eric Matheny
According to the Palm Beach Post, a Wellington woman was arrested this week after allegedly hitting her husband with a television remote control. The accused, a 48-year old woman, was charged with ...
Continue reading "Palm Beach County Woman Arrested for Assault on Husband" »
Posted on Apr 13, 2011 By Eric Matheny
It is a 3rd degree felony to be in possession of a weapon on school grounds. Specifically, Florida Statute 790.115(2) provides that, "a person shall not possess any firearm, electric weapon or device, ...
Continue reading "Possession of a Weapon on School Grounds" »
Posted on Apr 12, 2011 By Eric Matheny
An attempt by the Broward Sheriff's Office to pull over a driver led to a high-speed pursuit in Fort Lauderdale on Monday. It is unknown why the police were attempting to pull the car over in the ...
Continue reading "Attempted Traffic Stop Leads to Police Chase in Broward County" »
Posted on Apr 11, 2011 By Eric Matheny
The Miami Herald reports that two Florida basketball players were arrested over the weekend and charged with burglary of an unoccupied conveyance. According to police, staff at a local restaurant ...
Continue reading "Two Florida Basketball Players Arrested For Car Burglary" »
Posted on Apr 10, 2011 By Eric Matheny
The goal of every criminal defense attorney is to get their client's case dismissed. However, when this happens, the client is not out of the clear. Dismissed, or nolle prossed, cases, or cases ...
Continue reading "What Happens When A Case Gets Dismissed?" »
Posted on Apr 9, 2011 By Eric Matheny
CBS 4 reports that a teenager who confessed to fatally stabbing his 62 year old neighbor more than 100 times and stole just $34 will spend 30 years in prison under the terms of a negotiated plea of ...
Continue reading "Broward Teenager Sentenced in Death of Neighbor" »
Posted on Apr 8, 2011 By Eric Matheny
Recently, a double shooting in Bal Harbour made headlines due to the fact that Bal Harbour is a typically safe community. A few weeks ago, it is alleged that two men were arguing outside of a ...
Continue reading "Charges Dropped Against Man Arrested for Attempted Murder" »
Posted on Apr 7, 2011 By Eric Matheny
The mother of Miami Heat star LeBron James was arrested for assault at a Miami Beach hotel. Ms. James was taken into custody after an incident at the Fontainebleau Hotel at 4441 Collins Ave., ...
Continue reading "Basketball Star's Mother Arrested for Assault" »
Posted on Apr 6, 2011 By Eric Matheny
The line between what is appropriate punishment and what is felony child abuse is not always clear. Florida permits corporal punishment. That is, a parent may use reasonable physical force to ...
Continue reading "Child Abuse vs. Corporal Punishment" »
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