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Category Archives: Florida Criminal Statutes

Types of Criminal Charges, Contact Your Criminal Defense Attorney To Reduce Your Charges

Types of Criminal Charges, Contact Your Criminal Defense Attorney To Reduce Your Charges

Criminal charges and wrongs are typically classified as infractions, misdemeanors or felonies depending on the severity of the wrong. The more serious the charges, the more serious the punishment usually is as well. Infractions Infractions are violations of law or ordinances that are typically pretty minor, including traffic infractions. An infraction is less serious than a misdemeanor and may not technically be considered a crime, depending on the circumstances. A person who commits an infraction will usually get a ticket or citation – not jail time or other heftier punishments. Many times, an experienced lawyer can help negotiate a reduction of misdemeanor charges to the level of an infraction for first-time offenders in an effort to avoid a criminal record. Misdemeanor Misdemeanors are more serious than infractions, but less serious… […]

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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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Faced With Violating Your Probation or Parole Charges

Faced With Violating Your Probation or Parole Charges

probation allows the convicted individual to serve a period of time, usually longer than any prison sentence, free from imprisonment but with certain restrictions. Probation can be seen as a test granting conditional freedom instead of a harsher punishment. In some cases, people use the term interchangeably. There are differences between to law terms. Probation is a portion of the sentence or it is the sentence given by the judge. Most often, when a judge gave the person a probation, it could be a part of the number of imprisonment and then followed with a probation period. There are times that a number of probation years will serve as the punishment for a minor crime committed. If a person is under probation, there are weekly or monthly sessions that he… […]

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Florida Probation Rules, Violation of Probation and Probation Violation Defense Lawyer

Florida Probation Rules, Violation of Probation and Probation Violation Defense Lawyer

Palm Beach County Circuit Judge Stephen Rapp denied Wilson’s request to stop the regular check-ins during the remainder of her five-year probation term. The sentence began in December 2009 after Wilson, now 49, pleaded guilty to two counts of manslaughter by culpable negligence. Wilson’s attorney submitted the request Jan. 31, describing her as a “model probationer” who now needs to travel frequently for her job. The State Attorney’s Office agreed with the proposed change, and Brondolo’s parents, Jill and Chris, also didn’t object, said prosecutor Andrew Slater. Along with the probation, Wilson’s sentence also required a psychological evaluation, a meeting with the Brondolos, and service as a spokesperson to raise awareness of carbon monoxide poisoning, including talks with civic groups and schools using her experience as an example. Wilson fulfilled… […]

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The High Cost Of Victimless Crimes

The High Cost Of Victimless Crimes

Does the punishment fit the crime if the crime is victimless? Just ask Michael Edwards who is serving an 80 year sentence for selling $850 worth of cocaine or any one of the millions of people doing time for victimless crimes. A victimless crime is a crime that has no victim; with the possible exception of the person who committed the “crime.” Some of the most obvious examples of victimless crimes are illegal drugs and sex crimes like prostitution. There are also “public order” offenses including immigration, weapons charges, public drunkenness, indecent exposure, etc. Over 80% of the U.S. prison population is incarcerated for victimless crimes – approximately 750,000 individuals, as well as 3 million other people on parole or probation. About 4 million people are arrested each year for… […]

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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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Assault And Battery in Domestic Violence Cases

Domestic violence has many different definitions. Florida Statute 741.28 defines domestic violence as “any assault, battery, sexual assault, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit”. (source) It is against the law to physically hurt another adult, no matter how the two people are related. Every survivor of domestic abuse has a right under Florida law to be protected. There are two kinds of courts that handle domestic violence: Criminal Court and Civil Court. Civil Court Civil Court hears non-criminal matters such as divorce, child custody and Injunctions for Protection (This court, for example, may order a parent to pay child support, or it may order that the children… […]

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Auto Theft a Misdemeanor or a Federal Crime?

Auto Theft a Misdemeanor or a Federal Crime?

A 25-year-old suburban West Palm Beach man is behind bars this morning after allegedly stealing a car out of Palm Springs. Lee Smith faces charges of possession of marijuana and auto theft and is being held in the Palm Beach County Jail in lieu of $3,000 bail. West Palm Beach Police arrested Smith around 8:30 p.m. Tuesday after he admitted to stealing a car with the keys in the ignition in a Burger King parking lot in Palm Springs. (read full story) Florida Theft Laws Florida laws use the legal term “theft” to describe a variety of property crimes, including larceny, stealing, misappropriation, conversion, and other offenses. In general, theft involves the unauthorized taking or use of another person’s property. In a theft case, the prosecutor must prove several elements… […]

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Immigrant Charged With A Crime

Immigrant Charged With A Crime

Being arrested or convicted of a crime can certainly affect your current immigration status. It can reduce the chances of obtaining a work visa or citizenship, and can increase the risk of deportation, especially for those currently in the U.S. without any legal documentation. Individuals attempting to immigrate to the United States may be denied entrance if they have been arrested or convicted of a crime. All arrests and convictions in the U.S. are entered into the National Crime Information Center (NCIC), a federal database containing criminal records. An arrest will appear in the NCIC computer if the person was fingerprinted and photographed by a law enforcement officer, or a law enforcement officer ordered the person to accompany him or her against the suspect’s will. Even if the arrest did… […]

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Specific and General Intent Crimes

Specific and General Intent Crimes

Intent can be defined as a guiding motive. Criminal intent, therefore, refers to an unlawful guiding motive. When someone commits an act that is driven by unlawful motives, he is usually guilty of a crime. It is possible, however, for someone to commit the same act, but due to lack of criminal intent, be deemed innocent. In law there is a Latin term, mens rea, which refers to a guilty mind. Mens rea is very important in criminal law because when a crime is outlined, a person’s mental state is usually considered. As a result, a person’s mental state plays a role in whether or not he can be convicted of a particular crime. Criminal intent is one of the reasons it is important for law enforcement officials to work… […]

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