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Criminal Defense

Effective Defense Strategies For Shoplifting Charges

Retailers across the county spend millions on security. Whether through expensive security cameras, or on security guards, the country’s shopping centers and retail establishments take shoplifting seriously. When items are taken from a store without being paid for, the overall bottom line of the store suffers. Shoplifting is a criminal offense, and can have lasting effects on your criminal record if not properly defended. While difficult to defend if there is an actual surveillance tape, there are effective defense strategies for shoplifting charges that can be put to work for you.

Shoplifting in Florida is referred to as retail theft. It can happen in any of the following circumstances:

  • Removing merchandise from a store without paying.

● Changing a price tag.

● Changing the container or merchandise packaging.

While some people believe shoplifting is… Continue reading

A DUI Case Is A Two Part Matter

Most people think of getting a DUI as just involving going to Court for the actual DUI charge. But, there is a second part to the matter and it is just as important. When you are charged with DUI you also have your license taken away. The revocation does not have to be permanent, and can be modified to allow certain driving privileges. However, there is a short time frame after the arrest within which you must act to save your license. If you fail to do so, you will not be able to seek driving privileges until the revocation period ends.

DUI in Florida is defined as operating a vehicle with a blood alcohol content of 0.08 or higher. The two part case you face upon arrest for DUI includes the following:

● An administrative hearing regarding your driving privileges. At this hearing you… Continue reading

What Are The Two Categories Of Habitual Traffic Offenders?

Having more isn’t always a good thing. When you receive multiple traffic citations, the consequences add up quickly. The most significant consequence of having too many traffic tickets is that you run the risk of the state taking away your driver’s license. To avoid losing your right to drive, pay special attention to the traffic laws and if you receive a ticket do not dismiss it as not deserving of your time. All too often people simply pay a traffic ticket and move on, but this can create a real problem if you are pulled over again. Therefore, it is just as important to defend traffic tickets as it is other types of criminal offenses. Staying off the radar as a habitual traffic offender will help ensure your continued ability to drive, and can help keep auto insurance premiums low. Here’s what you… Continue reading

Three Requirements To Obtain A Restraining Order

We’ve all seen the shows where a disagreement between a couple escalates and the police arrive on the scene, only to be unable to assist with what they consider a “domestic issue”. In real life though, the situation is much different. Once called to your home on a claim of domestic violence or abuse, the process is not so simple. In fact, it can seem downright impossible to undo what’s been set in motion once the authorities are called. This is especially true if a restraining order has been requested and put in place. Even if the other side changes their mind, it takes legal maneuvering to get a restraining order lifted. So, it is important to know the requirements necessary to obtain an order in the first place.

The Florida law on temporary restraining orders sets forth several factors that must exist in… Continue reading

Will Florida Be Next To Legalize Marijuana

The issue of legalization of marijuana first came into the national spotlight about two years ago. That was when the state of Colorado became the first state that legalized marijuana, for medicinal purposes. A year later, the state extended that legalization to recreational use. Proponents argued the revenue raised by sales would boost the state’s economy and decrease crime for simple possession. While there is still much debate over whether Colorado’s budget has felt a positive impact from the law, the push for legalized marijuana in other states is on the rise. Here at home, it seems over half the voting public is for legalization.

A recent poll shows a majority of residents favor legalizing marijuana in the Sunshine State for recreational purposes:

● The numbers were already high for support of legalizing the substance for medicinal purposes, at 84%.

● The numbers now… Continue reading

Can My Car Be Seized?

Losing your possessions when arrested is a real possibility. This is most likely to happen in cases involving drinking and driving, or in drug possession cases. If the police make a valid stop, the next step might be to seize your property, or the property believed to be the product of an illegal activity. Fighting to keep your car is important, because you still need to get around. You have a job, school, activities with your kids, and other places where your presence is required. Getting around without a vehicle is an inconvenience to your family and friends, so if seizure of your vehicle is part of your case, it is critical to fight for its return.

Police rely on the Florida Contraband Forfeiture Act when seizing property as part of a criminal arrest. In order to be seized, there must be a probability that… Continue reading

Two Important Things To Remember If You’re “Packing Heat”

The issue of whether you are allowed to carry a firearm and whether it can be concealed is complex. Proponents of gun ownership claim the Constitution gives every American the right to bear arms, and that the government cannot interfere with or infringe on that right. But as we all know, all it takes is an accident or misunderstanding to escalate and the issue of gun control becomes front and center. While we all have the right to protect ourselves and our family, just how far that right goes is confusing. Knowing a few simple rules about gun ownership can help keep you out of trouble if you are “packing heat”.

The Florida law dealing with carrying weapons contains two key provisions for the lawful open carry of a firearm or other weapon used in self-defense. These include:

 

● Permission to carry a chemical… Continue reading

Five Common FAQ’s About Criminal Law

Being arrested is not an everyday occurrence for most people. So, when it happens it is frightening and can leave you wondering what to do next. Every case is different, and the type of charges filed against you can vary. Defending drug possession cases requires a different strategy than defending a DUI case. The approach you take depends on the type of case, but there are some common questions that apply to nearly all criminal cases.

Knowing what to expect and/or what to do if you are pulled over, arrested, or questioned by the police or other law enforcement agencies will give you the confidence to behave calmly if you are arrested. Five of the most common questions include:

● What are my rights? Upon arrest you should be read your rights, these include being given the opportunity to remain silent and contact attorney.

●… Continue reading

Four Ways To Clear Your Criminal Record

When you are arrested for a crime there are several things you need to resolve in order to take back your life. Satisfactory resolution of the charges against is the number one priority, and usually involves staying out of jail. This can be accomplished by presenting an effective defense, or through skilled negotiation for a reduction in the charges. The approach taken depends on the particular facts of your case, and the type of case against you. Qualified criminal defense attorneys review your case and determine which type of strategy will work best for you. Once your case is over, your concern should shift to what you can do to clear your criminal record, if one resulted. Having a clean record helps you to get better rates on loans, rent an apartment or home, and get a job. In order to wipe the slate clean,… Continue reading

Four Probation Basics

Understanding the terms of your probation will help you avoid a violation. Knowing what to expect when entering a plea and agreeing to go on probation and what you can and cannot do once on probation is critical for successful completion of your probationary term. There are general rules that are in place in every case, and then there are specific parameters that will apply only to you. A violation will land you back in Court, and possibly jail. Violations can be technical, or actual. A technical violation is one that concerns administrative requirements of your terms, such as failing to report to your probation officer as scheduled. An actual violation is one where a new crime is committed.

Four Probation basics that are helpful to know include the following:

  • After careful negotiation with the prosecution, you agree to enter a plea to the… Continue reading