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Tag Archives: criminal process

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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Defense For Your Criminal Case

To help protect your good name and reputation consulting a criminal defense lawyer is a must. There are over 6,000 lawyers in Palm Beach County and less than 1,000 of them specialize in criminal law. Your criminal defense attorney’s job is to protect your rights and ensure you get a fair trial. The criminal defense attorney will thoroughly examine the circumstances of your case and weigh the strength of the evidence against you. Criminal lawyers defend individuals or organizations charged with a crime. The primary role of a criminal lawyer is to represent their defendant in the criminal court system. The criminal process encompasses arraignments, pre-trial hearings, settlement conferences, trials and sentence hearings. An experienced criminal defense attorney will dedicate most of the time to evaluate charging documents, gather evidence,… […]

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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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Lesser Sentences For Less Serious Offenders

Lesser Sentences For Less Serious Offenders

Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. A felony involves serious misconduct that is punishable by death or by imprisonment for more than one year. Most state criminal laws subdivide felonies into different classes with varying degrees of punishment. Crimes that do not amount to felonies are misdemeanors or violations. A misdemeanor is misconduct for which the law prescribes punishment of no more than one year in prison. Lesser offenses, such as traffic and parking infractions, are often called violations and are considered a part of criminal law. Laws passed by Congress or a state must define crimes with certainty. A citizen and the courts must have a clear understanding of a criminal law’s requirements and prohibitions.… […]

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Criminal Procedures Begin With Booking

Criminal procedure involves a set of rules through which a government enforces criminal laws. In the United States, the federal government, states, and municipalities each have respective criminal codes regarding what does and does not constitute a crime. The overall criminal procedure process includes booking, arraignment, bail, a preliminary hearing, a trial, sentencing, punishment, and appeal. When someone is arrested and taken to jail, their primary thought is how they can get out. Several things must happen before the authorities release an individual from jail. The authorities must first book a person into the system, and then the person must go through a bail hearing to determine how much they must pay to go free. What Is Booking Booking records provide information about the people who are brought to jail.… […]

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Florida Assault And Battery Charges Explained

Florida Assault And Battery Charges Explained

A second man has been arrested for an alleged attack on a man in March at the Rib Roundup concert in suburban West Palm Beach. Daniel Cavanagh, 26, of Jupiter, was arrested late Wednesday on a charge of felony battery for his alleged role in a March 9 attack that left a Cruzan Amphitheatre security employee with permanent facial disfigurement. He was released from the Palm Beach County Jail Thursday on $10,000 bond. Cory Tharpe, 25, was arrested the night of the alleged incident. Tharpe, who was later released on bail, is also facing a battery charge. According to a Palm Beach County Sheriff’s Office arrest report, a Cruzan security employee was trying to break up a fight and pull Tharpe off a coworker when Cavanagh intervened. Source Assault And… […]

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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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Criminal Law, Types of Crimes and Importance of Having A Competent Criminal Attorney on Your Side

Criminal Law, Types of Crimes and Importance of Having A Competent Criminal Attorney on Your Side

The U.S. justice system divided into to two distinct branches, civil law and criminal law. Criminal law involves prosecution by the government of a person for an act legally classified as a crime. People convicted of a crime may be incarcerated and/or fined. Criminal cases differ fundamentally from civil lawsuits. Criminal prosecution intends to punish undesirable actions, while civil lawsuits generally intend to enforce private rights or obligations or redress private wrongs. In a criminal case, the state brings charges against the accused through a prosecutor, while civil cases generally are between private parties or between a private party and a government entity. Crimes include both felonies and misdemeanors. Felonies usually are punishable by imprisonment of a year or more, while misdemeanors are punishable by less than a year. However,… […]

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What You Need To Know About DUI Arrests in Florida

What You Need To Know About DUI Arrests in Florida

It is not illegal to drink and drive in Florida, so long as your blood alcohol content (BAC) is not over .08 or your normal faculties are not impaired. It is not illegal to have a drink with your meal and drive. However, it is illegal to drink too much and then drive. The thresh-hold for legal intoxication (.08 in Florida) is easy to exceed. The best advice to follow is not to drink and drive. Ever. Breath Tests You will be presented two tests- one roadside and one at the jail in most circumstances. The roadside units are subject to frequent challenges and are rarely recommended. In Florida, it is a crime if you refuse to take a breath test TWICE. That does NOT mean twice in the same… […]

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Bond Questions, Posting Bond and When Bail Is Denied

Bond Questions, Posting Bond and When Bail Is Denied

A 31-year-old cab driver, accused in the Dec. 22 fatal shooting of a nanny who was riding her bicycle on South Olive Avenue in West Palm Beach, was denied bond this morning in court. Rupert O’Neil Harty, of suburban West Palm Beach, told investigators that he “heard a voice tell him to go kill someone” around noon on Dec. 22. He shot Amaria Grant around 20 minutes later, according to the arrest report released by city police. Harty will be charged with one count of first-degree murder. He was arrested late Thursday night and booked into the Palm Beach County Jail just after midnight. Making his first appearance in court around 9:45 a.m. today, Harty appeared in jeans and a white plaid shirt with his hair pulled back.. He spoke… […]

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