Recent Posts in Criminal Defense Category
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Posted on Jun 29, 2010 By Eric Matheny
To prove the crime of uttering a forged instrument (forgery), the State of Florida must prove the following three elements beyond a reasonable doubt: 1) Defendant passed or offered to pass as true a ...
Continue reading "Uttering A Forged Instrument " »
Posted on Jun 28, 2010 By Eric Matheny
Attempted second degree murder is a second-degree felony in the State of Florida, carrying a maximum penalty of 15 years in state prison. In order for the State of Florida to charge somebody with ...
Continue reading "Attempted Second Degree Murder" »
Posted on Jun 27, 2010 By Eric Matheny
When placed on probation , the court will impose a period of time in which you will serve your sentence. In a misdemeanor case, probationary periods range from 6-12 months, depending on the charge. ...
Continue reading "Early Termination From Probation" »
Posted on Jun 25, 2010 By Eric Matheny
Most criminal cases are resolved through plea negotiations. Very few actually go to trial . As a former Miami-Dade prosecutor , I have significant trial experience. I am always ready and willing to ...
Continue reading "Plea Negotiations" »
Posted on Jun 20, 2010 By Eric Matheny
With hurricanes, the demand tourist attractions, and the steadily growing population, South Florida has long been a hotbed of construction activity. However, like many professionals, the State of ...
Continue reading "Contracting Without A License" »
Posted on Jun 17, 2010 By Eric Matheny
Bond (sometimes called bail) is an amount of money an accused person, or their family, must pay in order to guarantee the accused person's appearance in court. Since bonds are usually in the thousands ...
Continue reading "Getting A Bond Reduced" »
Posted on Jun 15, 2010 By Eric Matheny
I have discussed the misdemeanor offense of battery and the second-degree felony offense of aggravated battery , but there is one charge that lies right in the middle: felony battery. In Florida, ...
Continue reading "Felony Battery" »
Posted on Jun 13, 2010 By Eric Matheny
Next to sex crimes , no criminal charge carries such a stigma as child abuse. Child abuse, a third-degree felony in the State of Florida, is punishable by up to 5 years in prison. However, ...
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Posted on Jun 12, 2010 By Eric Matheny
In the State of Florida (as in most state prisons), inmates are awarded "gain time," or time off of their sentence for every month they serve. I counsel clients who, by way of negotiated plea ...
Continue reading "Prison Gain Time In Florida" »
Posted on Jun 10, 2010 By Eric Matheny
Much like possession of cocaine with intent to sell , purchase of cocaine is a second-degree felony punishable by a maximum of 15 years in prison. The Florida legistlature considers the buying of ...
Continue reading "Purchase of Cocaine" »
Posted on Jun 9, 2010 By Eric Matheny
Burglary of an unoccupied conveyance is a 3rd-degree felony in the State of Florida, punishable by a maximum of 5 years in state prison. Burglary of an unoccupied conveyance is a fancy term for "car ...
Continue reading "Burglary of an Unoccupied Conveyance" »
Posted on Jun 8, 2010 By Eric Matheny
When people get arrested, even for relatively minor offenses, they always tell me the same thing: I'm afraid. Fear is a common reaction to an arrest, especially for a first-time offender . This is ...
Continue reading "What Can I Expect When Charged With A Misdemeanor? The Criminal Justice Process In County Court" »
Posted on Jun 6, 2010 By Eric Matheny
In the State of Florida, disorderly intoxication is a misdemeanor of the second degree, punishable by a maximum of 60 days in jail, a $500, and 6 months probation. Disorderly intoxication arrests are ...
Continue reading "Disorderly Intoxication" »
Posted on Jun 3, 2010 By Eric Matheny
We have discussed "career criminal" enhancements before, but in case you have forgotten, Florida has certain statutes that enhance the maximum penalties for crimes if the accused has a prior felony ...
Continue reading "Habitual Violent Offender (HVO)" »
Posted on Jun 2, 2010 By Eric Matheny
The most serious crime one can be charged with is murder . Whether in the State of Florida or anywhere, no crime carries the stigma of a murder conviction. Additionally. no crime carries the potential ...
Continue reading "Murder" »
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 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 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 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 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 defense attorneys to choose from. You may find criminal lawyers on the Internet, you may find them in ...
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 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" »
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