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What does Conviction mean under Florida Statute prohibiting Felons and delinquents; from possession of firearms, ammunition, or electric weapons or devices?

What does Conviction mean under Florida Statute prohibiting Felons and delinquents; from possession of firearms, ammunition, or electric weapons or devices?Under Florida Law it is unlawful for a person to own, possess or have in his or her custody, care or control, a firearm, ammunition, or electrical weapon or device if he or she has been convicted of a felony in the State of Florida; has committed a delinquent act in Florida that would be considered a felony if committed by an adult and the person is under the age of 24 years old at the time of the act; convicted of a Felony against the United States; has committed a delinquent act in another State that would be considered a felony in Florida if committed by an adult and the person is under the age of 24 years old at the time of the act; found guilty of an offense in another country or territory which is punishable by imprisonment for a term to exceed 1 year; but this […]
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Hate Crimes in Florida

Hate Crimes in FloridaSeveral Florida news outlets have reported that an 18 year old man from Okeechobee, Florida was arrested for beating up a 16 year old autistic boy at a house party. In a video posted to Facebook, the 18 year man stands over the cowering 16 year old boy, punching him in the head and cursing at him, as several others stand by, laughing and taunting the victim. The 16 year old victim also told police that the man held a knife to his throat and choked him. The 16 year old boy suffers from autism and has reported that this was the reason that led to the beating. Okeechobee County Assistant State Attorney, Ashley Albright, has indicated that he was looking into possible hate crime sanctions against the 18 year old man for the alleged beating because the boy suffers from autism. Does Florida law allow such a conviction? Florida […]
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An Overview of Florida’s Domestic Violence Laws

An Overview of Florida’s Domestic Violence LawsIn Florida, the crime of Domestic Battery can be either a misdemeanor or a felony depending on whether or not the accused has a prior conviction for battery or the accused falls into one of the special crimes like domestic battery by strangulation. Domestic battery refers to the touching or striking of another person against that person’s will; with both individuals being family members, household members, in a dating relationship, in a romantic relationship. Simple battery occurs in Florida, when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person. Domestic battery compromises one of the prior battery elements; coupled with the “special relationship” element described in the prior paragraph, as between the parties. Simple battery and domestic battery are both First Degree Misdemeanors in the State of Florida if it is the first offense lodged […]
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Eavesdropping By Cops Does Not Pay Off In Florida Courtrooms

Eavesdropping By Cops Does Not Pay Off In Florida CourtroomsThe 4th DCA (District Court of Appeals) recently affirmed a lower court’s evidentiary ruling, which may have far reaching exclusions on statements a defendant makes to third parties, when the statements are overheard by others, including Law Enforcement Officer. See, State v. Topps, at 3730009 WL 4th DCA 2014. The issue on appeal in State v. Topps, was a case of first impression for a Florida court to decide, and the question posed was: “may a law enforcement officer testify about a conversation overheard between an arrestee he is guarding and the psychotherapist treating that person?” The Appellate court found that because the person in custody did not waive the confidentiality of any privilege that the arrestee has with his doctor, and because the arrestee was in custody, and because the Law Enforcement Officer was present and on duty, when the privileged conversation occurred, then the conversation cannot come into […]
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Immigration Law, Deportation and Criminal Convictions

Immigration Law, Deportation and Criminal ConvictionsIf you are in the United States of America as a documented individual without citizenship, also known as a foreign national, you face deportation if you are convicted of a crime in Florida that violates “moral turpitude” or is listed in the Federal Statues as a deportable crime. Since the early 1900’s when German, Polish, Russian and other Eastern European immigrants came ashore to America, through Ellis Island and other ports of entry, the Federal Courts have been sending the convicted immigrants back to their home country for criminal convictions. The foreign nationals who have been found guilty or have pled guilty of committing a criminal act that falls under the test of “moral turpitude” have long faced deportation out of the United States. Judge Learned Hand, a New York Federal Judge who wrote many opinions that are philosophical in nature, penned the decision in U.S. v, UHL, 107 F. […]
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In Florida leaving a child in the Car is Not Illegal

In Florida leaving a child in the Car is Not IllegalUnder Florida law, Section 316.6135, it is not unlawful to leave a child in an automobile. Whether you believe it is prudent or unwise is a personal preference. This blog only addresses the law in Florida and not moral or personal preferences. The law in Florida regarding “parents” and “caretakers” who leave their child in an automobile is stated as follows: A parent, legal guardian, or any other person responsible for a child, younger than 6 years of age, may not leave the child unattended or unsupervised in a motor vehicle, for a period in excess of 15 minutes. Florida Statute Annotated Section 316.6135. In order for the State Attorney to successfully prosecute someone under this statute, the prosecutor must show the following four (4) factors or elements. First, the State or Prosecutor must first prove that the person who left the child in the automobile unattended was the parent, […]
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Grand Theft on the Rise in Palm Beach County, FL

Grand Theft on the Rise in Palm Beach County, FLIn the State of Florida, if you are being accused or have been freshly arrested for Grand Theft, you must act quickly in obtaining a criminal lawyer. Palm Beach County has recently witnessed several newsworthy arrests for the crimes of grand theft. Recent allegations lodged against Palm Beach residents include “stealing from a West Palm Beach condominium association,” “taking money from a Royal Palm Beach employee,” and “thefts of mailboxes from the Acreage/Loxahatchee area.” Under Florida law Grand Theft is defined under 812.014 as: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with the intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property or (b) Appropriate the property to his or her own use or to the use of any person […]
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Blood Tests in DUI Incidents Resulting in Crashes

Blood Tests in DUI Incidents Resulting in CrashesUnder Florida Law, 316.1933 (1) (a) if a Law Enforcement Officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily injury of a human being, a law enforcement officer shall require the person driving or in actual physical control of the motor vehicle to submit to a test of the person’s blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances as set forth in Florida Statute 877.11or any substance controlled under Florida Statute 893. The law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner. Under Florida Law, 316.1933 (1) […]
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Florida Supreme Court Rejects Car Color Criminal Case: Puts Brakes on Cops!

Florida Supreme Court Rejects Car Color Criminal Case: Puts Brakes on Cops!The Florida Supreme Court, in a landmark decision put the brakes on over policing Sheriff Deputies, who stop vehicles for “innocent” behavior and then form reasonable suspicion to search the driver, the occupants and their vehicles in Violation of the 4th Amendment of the United States Constitution. In State v. Teamer, the Florida Supreme Court ruled that a Sheriff acts unlawfully and unconstitutionally, when stopping drivers of automobiles, on the basis or suspicion of the vehicles color. Law Enforcement Officials in Florida are scanning every license plate that they drive behind on the Florida roads. The “tag” information is then ran through the Department of Motor Vehicles (DMV) database. The information is stored in a computer data based system, which keeps track of the vehicle. In Teamer, the vehicle was considered a “vehicle of interest” because the two occupants drove the vehicle into and out of a high “drug” area. […]
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Violating Probation in Palm Beach County

Violating Probation in Palm Beach CountyViolating Probation in Palm Beach County, FL can result in the probationer being incarcerated. If a probationer violates Felony Probation, the term of incarceration is determined by the sentencing guideline score sheet. If the probationer violates misdemeanor probation or DUI probation, then the maximum sentence is fixed by one year in jail for1st Degree Misdemeanors and 60 days in jail for 2nd Degree Misdemeanors. While on probation, the probationer must follow the rules of probation which the judge orally places on the record and which the probationer is responsible for knowing either through their probation officer or through self-knowledge of the law. The General conditions of felony probation as enumerated in Florida General Statute 948.03 are as follows: (i)             probationer is given a specific length of probation time (ii)            probationer is given strict reporting instructions to probation (iii)           probationer being visited at home and employment by the probation officer (iv)           probationer must […]
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