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Blog Posts in 2012

  • Is it Illegal to Attack a Robber?

    If you are the victim of a robber, can you legally fight back by attacking the robber? In most states, you can defend yourself and use deadly force, such as a firearm, if a person enters your house with the intent to commit a burglary , robbery , sexual attack or assault . Florida law, however, presumes that a person entering your home without your knowledge or consent is doing so to commit a ...
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  • Is it Illegal to DDOS Attack a Website?

    DDOS refers to a Distributed Denial of Service . In attacking a website using this strategy, a computer user will flood a targeted website with multiple requests for service, overloading the server so that requests or services are slowed or halted and the website and its business becomes inoperable. Sophisticated users target a site by bombarding it with thousands of “ zombie ” machines, called ...
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  • Is it Illegal to Give Someone Your Prescription Drugs?

    Many people have drugs prescribed to them to treat particular illnesses or conditions including depression, high blood pressure, pulmonary issues, arthritis and others. These drugs are often narcotics and considered controlled substances under state and federal laws. You are allowed to possess narcotics or certain controlled substances if you have a prescription . Prescriptions are personal, ...
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  • Jury renders $1.7 million to Mr. Wiseman's client in negligent security case.

    Premises liability claims are notoriously difficult to prove in most instances. There are complicated issues of notice and liability that must be addressed. Since many defendants are corporate entites, they find it more cost-effective to zealously defend themselves against most injury claims that occur on their property. This was not the case in a recent verdict awarded by an Orange County jury ...
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  • Can a Sentence be Overturned from New Evidence?

    In Florida, the law does allow an individual convicted of a crime to move the court to overturn their conviction and sentence based upon a claim of newly discovered evidence pursuant to Florida Rule of Criminal Procedure 3.850. To qualify as “newly discovered” evidence, the defendant must demonstrate that the evidence could not have been previously obtained by due diligence during the original ...
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  • What is the Difference Between a Misdemeanor and a Felony?

    Both misdemeanors and felonies are criminal offenses though the penalties for either vary significantly as do the collateral consequences of a conviction. Misdemeanors generally involve less serious crimes though some violent offenses can be charged as misdemeanors so long as the victim is not seriously injured. Felonies are the most serious of crimes with offenders facing prison time and extended ...
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  • How Does Florida Handle No-Fault Car Accidents

    No-fault is an insurance law followed by a handful of states including Florida. Following a car accident In a no -fault state, you are required to use your own auto insurance to pay for your medical expenses and lost wages regardless if the other party was at fault. PIP Insurance No-fault insurance is also referred to as PIP or personal injury protection. If you are injured in a car accident, you ...
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  • How Do Points Work on a Driver's License?

    Whenever you are guilty of a moving violation, you will receive a penalty as points on your driver’s license. In some cases, you can avoid accumulating points by taking and completing a traffic school course or receiving a withhold of adjudication. The following is a list of some of the more common moving violations and the points that are assigned to your license if you plead guilty or are found ...
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  • Do Not Leave the Scene of an Accident!

    Returning home one evening after a long day at work you stopped for a drink with some people from the office. After a couple of hours, you drove home feeling a little tired and still thinking about work when the traffic light in front of you turned red. Though you have been down this road a thousand times, you ignored the light and drove into the intersection, colliding with another vehicle. ...
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  • Why is Street Racing Illegal?

    Street racing has become more popular in recent years for many different reasons. People have become enamored by extreme sports or competitions like base jumping, bungee jumping, ultramarathoning, surfing huge waves, storm chasing, and organizing fight clubs. Street racing is another example of an extreme sport. While street racing can be legal in some circumstances, it is not lawful if ...
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  • Arrest for Street Racing on YouTube

    In recent years, the sport of street racing has returned to American towns and cities. Once practiced by teens in the 1950s and early 1960s, youths in American and around the world have rediscovered this extreme sport to the consternation of law enforcement. Street racing is simply motor vehicles pitted against each other on city streets, country roads, parking lots or any straightaway and then ...
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  • Standard of Proof in Probation Violation Hearings

    Most people are aware of the standard of proof in criminal cases--proof beyond a reasonable doubt. This means that if a juror or trier-of-fact has a reasonable doubt about your guilt, such as the reasonable possibility that someone else committed the crime or that the evidence presented is not so convincing that you would be “willing to rely and act upon it without hesitation in the most important ...
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  • Are You Entitled to Bond on a Probation Violation?

    Probation is nearly always ordered when someone is convicted of a crime and sentenced to either jail or some other alternative punishment. Probation may be shortened provided the offender does not commit any other crimes and abides by conditions of probation. If a condition is violated and the defendant arrested, he or she can still get a bond in many instances. An example of a probation violation ...
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  • Why Does the Man Get Arrested in a Domestic Violence Incident?

    Florida has a vague domestic violence statute that seemingly encourages law enforcement to make an arrest whenever there are allegations or complaints of domestic violence. Law enforcement also apparently has a financial incentive to make arrests based on federal funding requirements. Domestic violence encompasses acts such as assault, battery, stalking, kidnapping, or any aggravation of these ...
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  • DUI for Riding a Bicycle, Moped or Lawnmower?

    Anyone who operates a vehicle on a roadway or highway cannot do so if they have a blood or breath alcohol content of at least 0.08 percent or if they are impaired. For people who ride mopeds, golf carts or motorcycles, Florida’s DUI law is applicable to you. But what happens if you are on a lawnmower or riding a bicycle while intoxicated? According to Florida law, you can be arrested and convicted ...
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