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WHAT IS A FELONY CRIME IN FLORIDA?

Posted in Blog on November 20th, 2013

What is a Felony Crime in Florida A felony is a crime that is punishable by the possibility of more than one year in prison.  Felony criminal charges are handled in circuit criminal court. Some examples of felonies are: Aggravated Assault, Aggravated Battery Battery on a Law Enforcement Officer or “BATLEO” Burglary and all of… Read more »

What are the Statute of Limitations in Florida?

Posted in Blog on October 16th, 2013

The Statute of Limitations is the time period that the government has to bring formal criminal charges against a person that they believe committed a crime.  The Time period begins to run at the completion of the alleged criminal act. Florida has codified the Statute of Limitation in Florida Statute 775.15.  The statute has many… Read more »

What is a Motion to Dismiss?

Posted in Blog on October 15th, 2013

What is a Motion to Dismiss? A Motion to Dismiss in a criminal case is where the defense is asking the judge to dismiss the case.  A Motion to Dismiss is very misunderstood.  It is very rarely used and even more rarely granted in criminal cases. The three most common forms of Motions to Dismiss… Read more »

WHAT IS AN ARREST?

Posted in Blog on August 29th, 2013

“There are essentially three levels of police-citizen encounters.” The first level is “a consensual encounter [which] involves only minimal police contact;” the second level is “an investigatory stop as enunciated in Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968);” and the third level is “an arrest which… Read more »

Battery on a Law Enforcement Officer

Posted in Blog on April 15th, 2013

Battery on a Law Enforcement Officer (BATT LEO) is a third degree felony punishable by up to five years in Florida State Prison. To obtain a conviction for battery of a law enforcement officer, the state must prove: That the accused had the specific intent to knowingly batter a law enforcement officer; and; That the… Read more »

Possession of a Firearm by a Convicted Felon

Posted in Blog on March 27th, 2013

Possession of a Firearm by a Convicted Felon The crime of Possession of a Firearm by a Convicted Felon is committed if a person: Has previously been convicted of a felony, either in Florida or another jurisdiction; and Knowingly owned, cared for, possessed, or controlled a firearm. Possession: Actual versus Constructive An important issue in… Read more »

Drug Trafficking – Minimum Mandatory Sentences

Posted in Blog on March 20th, 2013

Drug Trafficking cases in Florida are very serious charges which all carry a minimum mandatory prison sentence.  A minimum mandatory sentence means that, if convicted, the Judge must sentence the person to no less than the minimum mandatory sentence.  This is true even for first time offenders. When most people hear the term Drug Trafficking they have images in… Read more »

Should I Allow the Police to Search My Vehicle?

Posted in Blog on March 14th, 2013

I could never understand why so many people voluntarily consent to a search of their vehicle when asked by a police officer.   The best answer I can give to this tough question is a resounding NO. I often ask my clients why they would allow the police to search their vehicle, especially when they know… Read more »

Florida’s 10/20/Life Gun Law

Posted in Blog on March 11th, 2013

It seems that every time I walk into a convenience store I see a sign with a gun saying 10/20/Life.  In Florida, gun crimes are prosecuted to the fullest extend of the law.   Florida’s 10-20-Life law imposes mandatory minimum sentences for defendant who use guns during the commission of certain crimes.  This law covers the… Read more »

Why It Is Important To Hire A Lawyer Immediately.

Posted in Blog on March 8th, 2013

Pre-Filing Intervention with the Prosecutor An arrest is only the first step in the formal charging process, which means that there is still a chance we can have the case thrown out. Once you are arrested, all the paperwork from the police (probable cuase affidavit, narrative and supplemental reports, witness statements and etc) is sent over to… Read more »