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Tag Archives: criminal defense

What Happens After Arrest

There is a difference between being arrested and being detained. “Arrested” means you have been taken into custody and can’t leave. For example, if you’ve been handcuffed and placed in the back of a police cruiser, you’ve probably been arrested, even though the officer didn’t say, “You’re under arrest.” This is because you can’t leave the car without getting into more trouble. You can be “detained” for a short period of time if a police officer believes you were involved in a crime or are about to commit a crime. Few people understand the criminal justice process. The following provides an overview of what you can expect if you are arrested in Florida. Posting Bond In most cases, you are entitled to a reasonable bond set by the court. Generally,… […]

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Faulty Breathalyzer May Cause Hundreds of DUI Cases to be Thrown Out

Faulty Breathalyzer May Cause Hundreds of DUI Cases to be Thrown Out

One criminal defense lawyer is causing a bit of a tumult as he is aggressively challenging the accuracy of a particular breathalyzer used by the FDLE. If his challenge follows through in court when he addresses the judges that have dealt with cases involving the now famous Intoxilyzer 8000, then possibly hundreds of DUI cases in Palm Beach County may be thrown out due to inaccurate evidence. This could be an extremely significant event and thus the manufacturing company of the Inoxilyzer 8000 is conducting its own investigation into the machine’s reliability. DUI Evidence to be Called Inadmissible According to an article in WPTV News, South Florida defense lawyer Brian Gabriel has filed several motions claiming the DUI breath test used throughout the state is unreliable. This time, he says… […]

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Is Hoarding Considered Animal Cruelty?

Florida animal cruelty laws state very specifically that anyone who deprives necessary sustenance or shelter or treats any animal in a cruel or inhumane manner is guilty of a first-degree misdemeanor. So how does animal hoarding fit into this description? Charging an animal hoarder with animal cruelty can be tricky because people have the right to live the way they want. The issue is proving that the hoarder’s living conditions is a direct threat to the health or life of the animal(s) in question. Several cases have been surfacing recently after the show “Confessions: Animal Hoarding” on Animal Planet has gained the attention of the populous. Florida Animal Cruelty Laws According to Statute 828.12: A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates,… […]

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What is Entrapment?

What is Entrapment?

Many times, a legal defense for the prosecution of a crime includes the definition of entrapment. However, entrapment can be a very difficult defense to use as law enforcement officers are continuously growing more cautious and prepared when planning to catch criminal activity. The only way to be able to use entrapment as a criminal defense is if you have a complete understanding of what it entails and what it means for you. Entrapment in Federal Court The legal definition of entrapment is when a person is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case. If a person is willing and able… […]

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Drunk Driving Charges in South Florida

Drunk Driving Charges in South Florida

Getting charged with a DUI (Driving Under the Influence) is a serious offense and it could impact your life forever if you are convicted. Each year, states impose tougher DUI laws and more severe drunk driving penalties. Florida is no exception. This is what can happen to you for a first time DUI conviction in Florida: Jail – 6 Months Maximum – blood alcohol level (BAL) from .08 to less than .15 Jail – 9 Months Maximum – BAL above .15 Fine – From $500 to $1,000 – BAL from .08 to less than .15 Fine – From $1,000 to $2,000 – BAL above .15 or Minor in Vehicle License – Suspended from 180 Days to 1 Year Hardship Reinstatement – Complete DUI School Prior to Hardship Application Ignition Interlock… […]

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Florida Probation Violation

Florida Probation Violation

Probation is a sentence which may be imposed by a court in lieu of incarceration. A criminal who is “on probation” has been convicted of a crime but has served only part of the sentence in prison, or has not served time at all. In most jurisdictions, probation is a sentencing option for misdemeanors and many felonies (these are commonly called “probation-able” offenses), but not for higher-order felonies, such as capital crimes, forcible rape, and many others. An offender on probation is ordered to follow certain conditions set forth by the court, under the supervision of a probation officer. He or she is ordinarily required to refrain from subsequent possession of firearms, and may be ordered to remain employed, abide to a curfew, live at a directed place, obey the… […]

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What To Do If You Have Been Accused of Animal Cruelty

What To Do If You Have Been Accused of Animal Cruelty

According to an article in WPTV News, another animal cruelty case has hit the front page. A neglected and abused bullmastiff mix was rescued last week in deplorable condition. Although his past had been bleak, he may have a promising future ahead of him with the help from donations and animal lovers everywhere. The bullmastiff mix, Colin, was rescued with a skin condition and puncture marks all over his body. It is believed he may have been used as a bait dog in a fighting ring – a common illegal practice in south Florida. He is undergoing medical care at Paws-2-Help and will be transferred to Big Dog Ranch Rescue in about two weeks to continue about six months of additional treatment and therapy before being available for adoption from… […]

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How A Teen Was Caught With Candy Bags of Cocaine

How A Teen Was Caught With Candy Bags of Cocaine

There are stories that are reported on a daily basis about drug trafficking, drug crimes, and drug busts. Many of these cases turn out to be some of the most elaborate schemes put on by professional criminals from all over the world. Some drug dealers however, are so sloppy and careless, that even they make headlines: FORT LAUDERDALE, Fla. — A teenager from Puerto Rico is accused of trying to smuggle cocaine through a South Florida airport. Federal officials say 18-year-old Jose Manuel Torres Perez of Puerto Rico arrived at Fort Lauderdale-Hollywood International Airport on Monday with suspiciously thick bags of clothes and candy. According to a criminal complaint, a U.S. Customs and Border Protection officer sliced open the bags and found a white powder that tested positive for cocaine.… […]

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Hiccup Girl Charged with Murder After Robbery Gone Wrong

Hiccup Girl Charged with Murder After Robbery Gone Wrong

Jennifer Ann Mee, 19, was once known as “Hiccup Girl.” Now, she is transcending her reputation as the girl who couldn’t stop hiccupping to the girl who lured a 22-year-old man into a trap that ultimately led to his murder. Mee admitted luring the victim, Shannon Griffin, to a house across from her apartment building. St. Petersburg Police Chief said Monday that Mee met Griffin through a website recently, and planned with her friends Laron Raiford, 20, and Lamont Newtown, 22, to rob him at gunpoint. The robbery went seriously wrong when Griffin struggled during the robbery, and was then shot several times. He died at the scene. Less than $50 was stolen from Griffin. All three suspects were taken into custody Sunday afternoon. Investigators say they confessed to their… […]

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How A Food Fight Turned Into Domestic Battery

How A Food Fight Turned Into Domestic Battery

A recently published article in WPTV News describes a curious little case that involved throwing food and domestic battery. A man accused of throwing a mustard-covered corn dog that hit his live-in girlfriend during a weekend quarrel faces misdemeanor charges, according to a recently released arrest affidavit. Fort Pierce police arrested Tommie Lee Mckeliver, 48, on Saturday after his girlfriend told investigators he “got mad at her and threw a paper plate that contained a mustard covered State Fair corn dog on it.” The corn dog crashed into her chest area, leaving her “coated” in mustard. “(The girlfriend) stunned by the situation then found herself being pushed out of the room, and (the) door locked behind her,” the affidavit states. The alleged corn dog attack happened shortly before 2 p.m.… […]

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