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Category Archives: Florida Criminal Statutes

Florida DUI and Enhancement Laws

Florida DUI Statute section 316.193, Driving Under the Influence and its Penalties: (1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. (2)(a) Except… […]

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Can a Felony Charge Be Reduced To a Misdemeanor?

There are a variety of crimes committed by individuals on a daily basis. Some crimes, such as murder or kidnapping, are considered serious crimes; other crimes, such as speeding or trespassing, are not. All crimes by definition violate a law and the punishments that are imposed on a criminal are based on the type of crime committed. The punishment is usually based on the seriousness of the crime. States may differ as to the classification of any particular crime. A crime committed in one state may be classified differently than if it was committed in another state. Florida Crime Classification In criminal law, there are two main crime categories: 1.      Felonies 2.      Misdemeanors A misdemeanor is considered a lesser offense against the state. These crimes tend to entail a penalty… […]

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Migration To Colorado For Medical Use Of Marijuana

100 families from Florida and Virginia, South Carolina and New York, have moved to Colorado to treat their sick children with promising oil derived from marijuana. Their migration is one of many ways that a once-illicit drug is reshaping life here in Colorado, a state that is now considered a forefront of the national debate over legalizing drugs. The Justice Department has warily allowed Colorado and Washington State, which passed a similar measure, to go ahead with their plans to regulate recreational marijuana, even though it remains illegal under federal law. The first retail marijuana shops in Colorado are poised to open in January. Strains of sativa and indica plants flourish in basements across the state. The families have put high hopes on marijuana oil called Charlotte’s Web, which is… […]

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DUI Consequences in Florida

DUI Consequences in Florida

If you drink alcohol and drive you dramatically increase your chance of being in a crash. In addition, if you are pulled over and the officer asks you to take a blood, urine or breath test you are required to comply. Florida has the “Implied Consent Law”. Implied consent is consent which is not expressly granted by a person, but rather inferred from a person’s actions and the facts. The term is most commonly encountered in the context of US drunk driving laws. When you sign your drivers license you have agreed to take these tests upon request. Refusal to take any of the tests will result in an immediate suspension for one year. A second refusal will result in an 18 month suspension. In the state of Florida, a… […]

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Crimes Punishable By Death Penalty

The death penalty in the United States is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving the death of the victim, only two people were on death row for a non-murder offense (Patrick Kennedy and Richard Davis in Louisiana) when the U.S. Supreme Court addressed this issue in 2008. No one has been executed for such a crime since the death penalty was re-instated in 1976. In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was “grossly disproportionate” and an “excessive punishment,” and hence was unconstitutional under the Eighth Amendment. The Court looked at the relatively few states that allowed the death… […]

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South Florida Crime List with FBI Miami Chief

South Florida Crime List with FBI Miami Chief

2012 Florida Crime Rate Statistics Crime rate is down in the Sunshine State, making 2012 the year with the lowest number of thefts, robberies and burglaries on record. According to a Florida Department of Law Enforcement Commissioner, crime rate in Florida has dropped 6.5 percent from last year. Last year’s number is now the lowest rate of crime since the state began compiling the statistics. “We’ve been keeping these numbers for 42 years, and this is the lowest it’s been since the kickoff day 42 years ago,” said FDLE Commissioner Gerald Bailey. The overall number of crimes fell by 43,536 or 5.7 percent to 725,944 total. The crime rate fell by a higher percentage because the state’s population grew. The numbers continue a trend. The volume of crimes committed in… […]

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Florida Ban On Texting While Driving

Florida Ban On Texting While Driving

Let’s start with the positive. As of Jan. 1, it will be unlawful for drivers to type messages into a smart phone or other mobile devices as they attempt to navigate stop lights, pedestrians and fellow lane-changing drivers. At long last, Florida has banned texting while driving, the 41st state to do so. (Hawaii beat us by one week.) In part thanks to the leadership of state Sen. Maria Sachs, D-Delray Beach, Florida is finally doing something to make our roads safer. It’s unfortunate the ban has a gaping flaw. That is, if law enforcement officers catch people texting while driving, they can’t pull them over. The law defines texting as a secondary offense, which means that to be stopped, the offender first must be caught committing another type of… […]

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Specific Types of Larceny Charges

Grand theft is a term used to describe any theft that in which the items taken exceed a certain monetary value. The exact cost of the item or items needed to constitute a theft of this magnitude may vary based on location. Grand theft can be charged as a misdemeanor or a felony depending on the jurisdiction and the situation surrounding the theft. Factors which may affect how the case is charged may include whether force was used during the theft and the exact value of the stolen goods. Legally, theft is often synonymous with larceny. Robbery is the taking or attempting to take something of value from another person by use of force, threats or intimidation. It is committed in the presence of the victim. Robbery is commonly known… […]

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DUI Arrests in Florida, DUI Lawyers, DUI FAQs

DUI Arrests in Florida, DUI Lawyers, DUI FAQs

Being arrested for driving under the influence (DUI) in Florida is a criminal offense and could be subject to harsh penalties – including fines, community service, probation, vehicle impoundment, loss of driving privileges and even imprisonment – if convicted. To ensure that your rights are protected, consult a South Florida DUI attorney. Most DUI arrests in Florida occur after a traffic stop or an alcohol-related vehicle accident. If the officer notices that you are driving erratically or disobeying traffic laws, he or she may pull you over on suspicion of DUI in Florida and administer a series of field sobriety tests, used to determine if there is probable cause for a drunk-driving arrest. After your arrest, the officer may transport you back to the police station for a breathalyzer test;… […]

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On Trial for Fraud, Ponzi Scheme

On Trial for Fraud, Ponzi Scheme

Frail ex-Delray commissioner on trial for alleged Ponzi scheme says she never intended ‘not to pay back the money’ Former Delray Beach City Commissioner Charlotte Durante took the stand in her own defense Friday, vehemently denying prosecutors claims that she stole an estimated $1.8 million from people who came to her believing she would pay them big returns on their investment. “It was never my intention, never a thought in my mind, not to pay back the money,” she insisted. Further, she said, all of the 83 investors knew she was using their money to help her daughter establish the Museum of Lifestyle and Fashion history. When prosecutor Ryan Kelley pointed out that none of the 26 investors who testified during the three-day trial said they ever heard of the… […]

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