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What Is A Federal Indictment?

Posted in Blog on February 11th, 2014

A federal criminal indictment is a formal accusation that a person committed a crime.  An indictment is a charging document that is used to put the accused on notice that they are being accused of violating federal law.  The indictment is not substantive evidence of any wrong doing and is merely an accusation. An indictment is obtained… Read more »

What is a Violation of Probation (VOP)?

Posted in Blog on February 10th, 2014

What is a Violation of Probation (VOP)? A violation of probation occurs when the accused that has been previously placed on probation has violated the terms of that probation.  There are generally two types of violations that can occur. 1.         The first is a new law allegation.  This is when the person who is on… Read more »

Can A Judge Increase My Bond?

Posted in Blog on February 10th, 2014

Can A Judge Increase My Bond? A trial court does not have the authority to increase bond on its own motion. Montgomery v. Jenne, 744 So. 2d 1148 (Fla. 4th DCA 1999).  Florida Rule of Criminal Procedure 3.131(b)(1) provides that “bail is defined as any of the forms of release stated below,” which includes various… Read more »

WHEN SHOULD I HAVE MY RECORD SEALED OR EXPUNGED?

Posted in Blog on February 7th, 2014

IMMEDIATELY!!  If you are eligible to have your record sealed or expunged then you should do it immediately. I cannot tell you how many times I have had people call my office looking to get their record sealed or expunged because they are going to have a background check for a new job. I get… Read more »

WHAT IS A DEPOSITION?

Posted in Blog on February 7th, 2014

WHAT IS A DEPOSITION? There is an old saying in the legal profession: “Never ask a question that you don’t already know the answer to.” The way that a lawyer will already know the answer is by participating in the discovery process.  In some cases, witnesses or alleged victims give statements to the police.  These… Read more »

What is the difference between State and Federal Crimes?

Posted in Blog on February 7th, 2014

Federal Offenses vs. State Offenses The United States Government and each individual state government in the country have specific laws that define criminal behavior. If you break one of these laws, you can face federal or state criminal charges.  If you committed a state crime in the State of Florida then you will be prosecuted… Read more »

Can the Police Search My Phone When I Get Arrested?

Posted in Blog on February 7th, 2014

POLICE NEED A WARRANT TO LOOK SEARCH YOUR CELL PHONE The Florida Supreme Court in Smallwood v State 113 So.3d 724 (Fla. 2013) has recently held that upon arrest law enforcement is required to obtain a search warrant to view the contents of a person’s phone.  The court found that today’s cell phones differed from… Read more »

Should I Talk To The Police

Posted in Blog on February 6th, 2014

Do Not Talk to Law Enforcement Regardless if you are being investigated for Money Laundering or you have already been arrested for Drug Trafficking or Drug Importation, there is one rule that every person should follow and that is: Do not to speak with anyone from law enforcement without having your lawyer present. Law enforcement… Read more »

WHAT IS A SCORESHEET?

Posted in Blog on November 21st, 2013

WHAT IS A SCORESHEET? Felony cases are handled in Florida Criminal Circuit Courts.  In all cases, a scoresheet is created by the prosecutor.  The scoresheet is the way that the court determines the sentencing range for all felony criminal cases.  The score sheet is controlled and codified under the Florida Criminal Punishment Code, but is… Read more »