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Aggravated Identity Theft Charges

Aggravated Identity Theft Charges

A U.S. Marine who violated the trust of members of his unit in Afghanistan was sentenced Friday to nearly five years in prison for stealing their identities so he could commit tax refund fraud. Jobson Cenor, of North Miami, had been stationed in Afghanistan when he got the names, birth dates and Social Security numbers of more than 100 Marines, many of them from his own unit. He sent the personal information to a Coral Springs woman who agreed to use it to file false tax refunds and split the money with him. The plot unraveled when Cenor’s accomplice, Dorothy Boulin, talked to a FBI informant about filing fake tax returns. When Boulin was arrested in February, she began cooperating with the FBI and placed a recorded phone call to… […]

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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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DUI 1st Offense in Florida

DUI 1st Offense in Florida

In the state of Florida when arrested for a first offense DUI charge the arresting officer will confiscate the driver’s license and issue the driver what is referred to as a “Notice of Suspension”. This notice will act as the driver’s license for the next 10 days. Important: A person who has been arrested on a first offense DUI charge in Florida only has 10 days from the date of arrest in which to request a hearing with the FLHSMV if they wish to avoid having their driving privileges automatically suspended for the next 6 months. If you hope to have a successful outcome at your hearing it is very important that you contact one of Florida DUI lawyers today to have our lawyers schedule your hearing and represent you… […]

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Drug Trafficking Crimes, Oxycodone Pill Mill Investigation and Charges

Drug Trafficking Crimes, Oxycodone Pill Mill Investigation and Charges

Trafficking is defined under Florida criminal drug laws as, “Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of X amount of a controlled substance or illegal drug.” Florida Drug Trafficking Penalties All FL drug trafficking crimes are First (1st) degree felonies and carry mandatory sentences. (§893.135, Fla. Statute) What the Difference Between Trafficking, Smuggling, or Intent to Distribute? Trafficking is a specific Florida criminal charge which has specific drug quantities listed in the law that define the amounts required for a trafficking charge. However, the circumstances involved in the transportation or sale of drugs are still open to interpretation. Smuggling generally refers to bringing drugs into the country. It is typically a federal charge in federal… […]

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Drug Trafficking Crimes, Oxycodone Pill Mill Investigation and Charges

Drug Trafficking Crimes, Oxycodone Pill Mill Investigation and Charges

Trafficking is defined under Florida criminal drug laws as, “Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of X amount of a controlled substance or illegal drug.” Florida Drug Trafficking Penalties All FL drug trafficking crimes are First (1st) degree felonies and carry mandatory sentences. (§893.135, Fla. Statute) What the Difference Between Trafficking, Smuggling, or Intent to Distribute? Trafficking is a specific Florida criminal charge which has specific drug quantities listed in the law that define the amounts required for a trafficking charge. However, the circumstances involved in the transportation or sale of drugs are still open to interpretation. Smuggling generally refers to bringing drugs into the country. It is typically a federal charge in federal… […]

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Florida Drunk Driving Laws, Statistics, Penalties and DUI Attorney

Florida Drunk Driving Laws, Statistics, Penalties and DUI Attorney

Can a person be guilty of drunk driving if he only had one drink? The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person’s blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 (or 8 percent). Therefore, if it is proven that the person’s BAC at the time of the incident was .08 or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed (source). In contrast, the second definition does not refer… […]

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State of Florida vs. Francisco Henry Case

State of Florida vs. Francisco Henry Case

A “writ of prohibition”, in the United States, is an official legal document drafted and issued by a supreme court, superior court or an appeals court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court’s jurisdiction. The document is also issued at times when it is deemed that an inferior court is acting outside the normal rules and procedures in the examination of a case. In another instance, the document is issued at times when an inferior court is deemed headed towards defeating a legal right. In criminal proceedings, a defendant who has been committed for trial may petition to the superior court for… […]

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Florida Sexual Battery Case

Florida Sexual Battery Case

Sexual battery is an unwanted form of contact with an intimate part of the body that is made for purposes of sexual arousal, sexual gratification or sexual abuse. Sexual battery may occur whether the victim is clothed or not. It is a crime, which varies by state laws, so local laws should be consulted. A charge of sexual battery in Florida against a victim older than 12 years where a weapon or actual physical force was not used can be charged as a felony of the 1st or 2nd degree depending on several factors. You will need the help of an experienced criminal defense attorney to assess your case. If you are identified for committing a crime you need a criminal defense lawyer who understands the taint and has experience… […]

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Rape Trial of Mr. Henry and Mr. Lherisson Begins At Palm Beach County Courthouse

Rape Trial of Mr. Henry and Mr. Lherisson Begins At Palm Beach County Courthouse

Henry and Lherrisson, both 22, each face multiple counts of sexual battery, robbery and false imprisonment. Their attorneys Andrew Stine and Josh Leroy in opening statements to jurors in the trial Monday said the victims’ stories were inconsistent. For a full report please visit Palm Beach Post article. Stine in his questioning of one of the teens asked him over and over again what happened to the clothes he was forced to strip out of that afternoon “You wouldn’t know to give your clothes over to police for evidence, because that’s something that you would expect law enforcement to know to do, wouldn’t you?” he asked the teen. “Yes,” the teen answered.” Investigators arrested Henry soon after the February 2010 incident, and a day later they arrested then 17-year-old Spencer… […]

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Oxycodone Charges Attorney

Oxycodone Charges Attorney

Oxycodone is a powerful and addictive pain medication that is often abused as recreation. Oxycodone charges include possession of Oxycodone, drug trafficking, racketeering and prescription fraud. These may lead to a mandatory minimum prison sentence of three years or longer, as well as fines and a criminal record that haunts you the rest of your life. Possession of illegal drug is a growing concern for the law enforcement officers of the US. Drug trafficking has become a common mode of offense. In Florida, anyone caught committing this offense receive severe punishment. Drug trafficking refers to possession of illegal drugs with the intention of distribution or import. Florida law ruthlessly prosecutes this offense and anyone caught doing so will be harshly punished, if the prosecutor succeeds in establishing this offense in… […]

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