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Category Archives: Constitutional Rights

Charged With A Crime, Booked or Arrested, Do You Know The Difference?

Charged With A Crime, Booked or Arrested, Do You Know The Difference?

Defendants who have been arrested, booked and formally charged with a crime generally pass through the three main phases of the criminal justice system: Police or law enforcement agency Court system Corrections or incarceration facility Police or Law Enforcement Agency Phase A police officer or similar government officer usually doesn’t know a crime has occurred until a member of the public reports it. Before a person can be formally apprehended, an arrest warrant based on probable cause is sometimes necessary. A neutral magistrate must approve the warrant because it provides the legal foundation for arresting the person. After a person is arrested, he or she is booked, which usually includes being photographed, fingerprinted and required to produce personal information. If charges are filed, the accused person may qualify for an… […]

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What You Need To Know About DUI Conviction and DUI Plea Bargain

A DUI conviction results from charges of driving under influence. Alcohol is not the only substance that can result in a DUI conviction. Driving while intoxicated by chemical substances can be considered illegal as well. This can include both legal and illegal drugs. Test results usually weigh heavily in such cases. Although limits are not generally specified for chemical substances, there are tests that can confirm their presence in a person’s system. A DUI conviction carries numerous consequences. Penalties are different in every state, but generally, there is a risk of incarceration and probation for a 1st offense and mandatory incarceration for multiple convictions. Fines and the payment of court costs are commonly ordered. It is also likely that a DUI conviction will result in some period of driver’s license… […]

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Having A Gun in Florida

Having A Gun in Florida

As lawmakers discuss tougher gun-control measures in the wake of December’s shooting in Newtown, Conn, here is the program taking place in Florida that seems to be working. City police are offering hundreds of dollars to citizens who provide tips that end with the seizure of a gun and an arrest of its user ( full details, source).. Police see the Gun Bounty program as a way not only to have fewer weapons in the hands of people who shouldn’t have them, but also as a way potentially to decrease random acts of violence. A resident can anonymously call Crime Stoppers and report that someone is illegally possessing a gun. If that person is arrested and prosecuted, the tipster will receive $500 from forfeiture funds. Even if the person is… […]

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Criminal Defense Lawyer in Palm Beach County

Criminal Defense Lawyer in Palm Beach County

When you or someone you know is accused of a crime, especially if there is the possibility that he or she could face prison or jail time, its highly advisable to hire a criminal attorney. While many people feel capable of representing themselves, the benefits of having a criminal attorney on your side far outweigh the cost. Considering the possible penalties of a criminal offense, hiring a criminal attorney is a is a no brainer. Good criminal attorneys know the ins and outs of criminal law. They have the ability to assess a case and determine whether the individual has a chance of beating the accusation based upon years of experience and learning. Selecting the right lawyer for the case can be the hardest part of the whole ordeal. Issues… […]

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Understanding The Criminal Process

Understanding The Criminal Process

Law Enforcement makes an arrest based upon the witnesses’ information. After an arrest most assailants are entitled to bond. As a victim you are a witness. When you hear that someone is “out on bail or bond” it means he has paid a certain amount of money or agreed to certain conditions for his release. These conditions or money are to make sure he will show up for Court. Part of the conditions may be that the defendant is not to have any contact with the victim except through the Attorneys. If you would like to have input or be notified about the accursed bond hearing, let the Assistant State Attorney or Victim Assistance Program know. FIRST APPEARANCE If an arrest is made, within 24 hours the Court holds a… […]

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Marijuana Grow Houses, Search Warrants, Illegally Obtained Evidence

Marijuana Grow Houses, Search Warrants, Illegally Obtained Evidence

A suburban Palm Beach Gardens man is in jail after a welfare check at his home found he was growing marijuana there, police said. Ryan E. Delanenuville, 37, was arrested Thursday on allegations of manufacturing cannabis, possession of marijuana and possessing a dwelling to manufacture a controlled substance. The deputy walked around the house and looked in windows for signs of distress or injury. The deputy saw cannabis plants growing in red cups under a red-and-blue lighting system, according to a probable-cause arrest affidavit. A second deputy responded and confirmed they were cannabis plants. The deputies got a search warrant and went into the home. According to the affidavit, 19 cannabis plants were found, as well as instructional books on how to grow marijuana (source, full story). Fourth Amendment The… […]

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Pennsylvania Attorney’s General Gun Control Act and Florida Connection

Kathleen Kane, not even in office for a month, has decided to pick on Florida, and pick on us in a way that strikes at our very essence. We here in Florida take great pride in the number of concealed weapons permits our state issues. We were the first state to issue them, and today we lead the nation in concealed weapons permits, reaching the mark of 1 million active permits in December. You see, about 4,000 people who are Pennsylvania residents got their concealed weapons permits from Florida, not from Pennsylvania, where they really live. They’re not doing anything illegal by getting a Florida permit. They’re just taking advantage of something known in Pennsylvania as “the Florida loophole.” Elected officials in Pennsylvania apparently aren’t as eager to please the… […]

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Florida DUI Checkpoints and Your Rights

Florida DUI Checkpoints and Your Rights

New Year’s Eve is here. Celebrating with your friends and family is a good thing. Drinking and driving is not. Many people on the road today do not understand their rights pertaining to DUI checkpoints. These rights become increasingly important if you’ve had a few drinks, and aren’t sure if it will register on a breathalyzer. To avoid incriminating yourself, listed below is some information you find useful about sobriety checkpoints before you find yourself being stopped at a temporary roadblock set up to catch drunk drivers. DUI and sobriety checkpoints are temporary roadblocks erected by law enforcement to catch drunk drivers in the act. Officer at checkpoints may stop every vehicle driving past, or they may perform patterned or random checks. The legality of checkpoints has been the point… […]

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Red Light Cameras Means Big Bucks In Florida. Are Red Light Cameras Unconstitutional?

Red Light Cameras Means Big Bucks In Florida. Are Red Light Cameras Unconstitutional?

South Florida is installing red-light cameras, at traffic lights, faster than you can say: “this is a stick-up.” Authorities claim it makes the streets safer. Drivers caught on camera running red lights are hit with hefty fines and many see it as nothing more than a money making scheme by cities to make up for budget deficits and falling property-tax revenues. These red light camera tickets must be dealt with, since they are traffic offenses. If you choose to ignore the ticket or citation, your Florida driver license could be suspended and your auto insurance rates could increase. ARE RED CAMERA LIGHTS UNCONSTITUTIONAL? Last May, a Pasco County, Florida judge ruled that red light cameras are unconstitutional. Finally, a judge that stands up for the rights of Florida’s citizens. The… […]

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What is Happening with the Florida Drug Law?

What is Happening with the Florida Drug Law?

Fighting a drug charge can be extremely complicated. Now with the new changes in the Florida Drug Law, things may be even more confusing. A criminal defense lawyer is the best person to speak with if you have questions about the drug crime allegations against you. Since Orange County Judge Mary Scriven found the Florida Drug Abuse Prevention and Control law unconstitutional, charging offenders with drug crimes involving intent is becoming a grey area. Drug Law in Florida Judge Scriven called the law “atavistic and repugnant to the common law,” after Mackle Vincent Shelton, was convicted on a cocaine offense and sentenced to 18 years in prison even though he was unaware that his friend hid cocaine in his backpack. The idea behind the Drug Abuse Prevention and Control Law… […]

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