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Blog Posts in October, 2012

  • 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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