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  • accident

    The latest posts for accident are listed below.
    • Can a Side-Swipe Car Accident Result in Neck or Back Surgery?

      A side-swipe accident can result in serious injuries, including significant neck and back injuries and surgery in some cases. A side-swipe accident occurs when two vehicles, side-by-side, collide. This generally occurs when a vehicle is changing lanes or where an inattentive motorist drifts into your lane. Vehicles that are struck can be forced off the road, into traffic barriers or into other ...
    • 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 ...
    • 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. ...

    aggravated battery

    The latest posts for aggravated battery are listed below.
    • Is There Misdemeanor and Felony Assault and Battery?

      Assault and battery often are charged together since physical violence on someone is typically preceded by verbal threats, or actions, that promise imminent physical harm on someone. Like many criminal offenses, assault and battery can be charged as either a misdemeanor or a felony. Misdemeanor Assault In Florida, a misdemeanor assault is a threat or act that causes a person to have a reasonable ...

    arrested

    The latest posts for arrested are listed below.
    • Can You Get Arrested for Speeding in Florida?

      Generally, a speeding ticket is not a serious enough offense to warrant an arrest, but there are circumstances under which you may be arrested. For example, if you were driving at a speed that substantially exceeded the speed limit, you risk an arrest. While you may not be arrested for traveling 100 mph on the Florida turnpike at 2 am, you face near certain arrest if you were doing so at rush hour ...
    • Were You Arrested at a DUI Checkpoint?

      Driving home after drinking at a party or nightclub can be treacherous and not advised. If you knew you had too much to drink, you may have been conscious of the speed limit and were taking extra care to drive carefully and within your lane, but a DUI checkpoint up ahead was looming and your chances of convincing the police there that you were sober will be an uphill battle. DUI checkpoints are ...
    • If You Are Arrested for Smoking or Possessing Marijuana

      To date, there are 11 states that have passed legislation decriminalizing the possession of small amounts of marijuana, generally less than one ounce or under 16 grams. Currently, there are 16 states that have legalized medical marijuana subject to certain restrictions on its cultivation, possession, use, and sale. Unfortunately, Florida has not subscribed to any of these measures and has some of ...

    Assault

    The latest posts for Assault are listed below.
    • Can I defend myself and not be charged with assault and battery?

      You can defend yourself in certain situations without being charged with an assault or a battery so long as you meet certain conditions. Right of Self Defense to Aggravated Assault and Battery Self-defense is the justifiable use of force, or violence, to protect yourself against harm and is an absolute or complete defense to aggravated assault or aggravated battery. These offenses necessarily ...
    • Charged with Battery and Assault?

      Many times people who have been arrested and charged with assault and battery have had momentary episodes of rage, were intoxicated, or were provoked into a fight. If you face criminal assault or battery charges, immediately contact the criminal defense attorneys at The Wiseman Law Firm in Orlando, Florida. Assault and battery can be charged together, but they are separate offenses in Florida. To ...

    back injury

    The latest posts for back injury are listed below.
    • Can a Side-Swipe Car Accident Result in Neck or Back Surgery?

      A side-swipe accident can result in serious injuries, including significant neck and back injuries and surgery in some cases. A side-swipe accident occurs when two vehicles, side-by-side, collide. This generally occurs when a vehicle is changing lanes or where an inattentive motorist drifts into your lane. Vehicles that are struck can be forced off the road, into traffic barriers or into other ...

    Battery

    The latest posts for Battery are listed below.
    • Can I defend myself and not be charged with assault and battery?

      You can defend yourself in certain situations without being charged with an assault or a battery so long as you meet certain conditions. Right of Self Defense to Aggravated Assault and Battery Self-defense is the justifiable use of force, or violence, to protect yourself against harm and is an absolute or complete defense to aggravated assault or aggravated battery. These offenses necessarily ...
    • Charged with Battery and Assault?

      Many times people who have been arrested and charged with assault and battery have had momentary episodes of rage, were intoxicated, or were provoked into a fight. If you face criminal assault or battery charges, immediately contact the criminal defense attorneys at The Wiseman Law Firm in Orlando, Florida. Assault and battery can be charged together, but they are separate offenses in Florida. To ...

    car accident

    The latest posts for car accident are listed below.
    • Enforcement Type: Primary and Secondary Offenses Explained

      When pulled over by a law enforcement officer, it is important to know your rights. In order to know your rights, you should understand the differences between a primary and a secondary offense. A primary offense is an act that allows a police officer to pull a vehicle over and give the driver a ticket. In the state of Florida, these violations are outlined in Chapters 316 , 320 , and 322 of the ...
    • Tips to Safeguard Against Theft If on Holiday in Orlando

      Under the new proposed law, texting and driving shall be considered illegal and will be classified as a "secondary offense." This means that law enforcement officers cannot use texting while driving as a basis to stop a driver behind the wheel. However, in the event that a driver is pulled over for a “primary offense,” such as speeding, driving under the influence of alcohol, or violating right of ...
    • 6 Things to Know Before Leaving the Scene of an Accident

      If you have been in accident involving property damage or personal injury, you are legally required to give certain required information. This includes your driver’s license number , home address , auto insurance company and policy number , and registration information . If you are for any reason considering leaving the scene of an accident, there are a number of things about Florida law of which ...

    citation

    The latest posts for citation are listed below.
    • The Difference Between a Civil Traffic Ticket/Citation and a Criminal Traffic Ticket/Citation

      Civil Traffic Ticket A traffic ticket is simply a form given to a motorist, or pedestrian, whom the officer has observed or believed has violated a civil traffic law such as running a stop light, speeding, making an illegal turn, crossing the street illegally, or committing a nonmoving offense like a parking meter violation. Tickets are forms listing a number of violations that the officer merely ...

    controlled substance

    The latest posts for controlled substance are listed below.
    • 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, ...

    conviction

    The latest posts for conviction are listed below.
    • How do convictions get overturned?

      Being convicted of a criminal offense is a serious matter that can adversely affect you and your family for the rest of your life. There are instances where convictions do get overturned. However, these are rare, and it usually involves some unusual circumstances before a Florida court will overturn your conviction. Generally, you must appeal your conviction within 30-days after you have been ...

    criminal charges

    The latest posts for criminal charges are listed below.
    • What is a Hate Crime?

      Hate crimes are considered particularly egregious offenses in the legal system. This type of crime refers to a bias that a perpetrator has against a person of a particular sexual orientation, gender, race, ethnicity, religion, or other social group. Just about any crime committed against a person can be classified as a hate crime if it was committed with some bias. What makes a hate crime ...
    • Tips to Safeguard Against Theft If on Holiday in Orlando

      Under the new proposed law, texting and driving shall be considered illegal and will be classified as a "secondary offense." This means that law enforcement officers cannot use texting while driving as a basis to stop a driver behind the wheel. However, in the event that a driver is pulled over for a “primary offense,” such as speeding, driving under the influence of alcohol, or violating right of ...

    Criminal Defense

    The latest posts for Criminal Defense are listed below.
    • What is a Hate Crime?

      Hate crimes are considered particularly egregious offenses in the legal system. This type of crime refers to a bias that a perpetrator has against a person of a particular sexual orientation, gender, race, ethnicity, religion, or other social group. Just about any crime committed against a person can be classified as a hate crime if it was committed with some bias. What makes a hate crime ...
    • Heroin an "Epidemic" in 2016

      Despite the long-fought “war on drugs” commissioned by lawmakers over the past several decades, it appears that overdose deaths, especially those involving heroin, are increasing. According to reports from the National Institute on Drug Abuse , annual heroin overdoses have been increasing at a rapid rate every year since 2010, with nearly 12,000 deaths related to heroin overdoses being recorded in ...
    • Who Can Carry a Firearm in Florida?

      Although it is generally illegal to openly carry a gun in the State of Florida, individuals may openly carry a number of different non-lethal weapons for self-defense purposes, including pepper spray, a stun gun, a dart-firing stun gun, or any other type of non-lethal electric weapon. Ordinary civilians are only permitted to possess a firearm in a few select places and scenarios, including a ...

    cyber crime

    The latest posts for cyber crime are listed below.
    • 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 ...

    defective tires

    The latest posts for defective tires are listed below.
    • Were you Injured in a Car Accident Due to a Defective Tire?

      Few people think about the safety of their tires when commuting to work or taking their children to school. Unfortunately, defective tires can cause catastrophic injuries when their tread suddenly separates and it explodes at a high speed, resulting in a rollover or a collision with a traffic barrier, pedestrian, or another vehicle. Types of Tire Defects There are several types of defects that can ...

    domestic violence

    The latest posts for domestic violence are listed below.
    • 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 ...

    driver's license

    The latest posts for driver's license are listed below.
    • What You Should Know if You Are Caught Driving on a Suspended License

      Driving with a suspended license in Florida is a criminal offense if you had notice of the suspension or should have known of it. Your license may be suspended for any of the following reasons: Reasons for Suspending a Driver’s License Refusal to take a blood alcohol test Failing a blood alcohol test Failing to pay traffic fines Driving without insurance Guilty of DUI Providing false information ...

    Drug Crimes

    The latest posts for Drug Crimes are listed below.
    • New Florida Laws on Opioids, Cough Syrup Effective on January 1st

      Three new laws in Florida will be effective on January 1 st , 2017. Two of those laws involve accessibility to pharmaceuticals, while the other deals with financial institutions being allowed to establish a venue or agent for services of process. SB 422: Coverage for Opioids There are two kinds of opioid painkiller drug products addressed in this law’s language: abuse-deterrent labels, and those ...
    • Heroin an "Epidemic" in 2016

      Despite the long-fought “war on drugs” commissioned by lawmakers over the past several decades, it appears that overdose deaths, especially those involving heroin, are increasing. According to reports from the National Institute on Drug Abuse , annual heroin overdoses have been increasing at a rapid rate every year since 2010, with nearly 12,000 deaths related to heroin overdoses being recorded in ...

    Drug possession

    The latest posts for Drug possession are listed below.
    • When does drug possession become with intent to sell?

      Most people who are involved in the illegal drug trade or who use drugs for recreational purposes are aware that intent to sell carries much more serious penalties than mere possession. Florida has some of the more onerous drug laws in the nation since many illegal drug runners and distributors are able to evade the US Coast Guard and border patrols and unload vast quantities onto Florida’s shores ...
    • Is Possession of Marijuana Legal?

      There are 17 states along with the District of Columbia that have medical marijuana laws, but Florida is not among them. Despite efforts to get a medical marijuana resolution on the ballot, the Florida legislature has yet to vote on it. Consequently, possession of any amount of marijuana in Florida is a criminal offense. Marijuana Possession Penalties Many states have decriminalized possession of ...
    • Is Drug Possession a Felony?

      In Florida, most drug possession charges are felony offenses except for possession of small amounts of marijuana. For the most part, Florida is very strict in imposing severe penalties for possession of a controlled substance or for the unlawful possession of prescription medication. Marijuana Possession Possession of small amounts of marijuana (otherwise known as cannabis) is not treated as ...

    DUI

    The latest posts for DUI are listed below.
    • Is Driving Under the Influence of Prescription Drugs Illegal?

      Many people associate a DUI charge with alcohol, but don’t realize that illegal and prescription drugs can also impair drivers. Florida law allows a person under the influence of drugs to be charged with a DUI, if they show signs of impairment. These cases can be complex and difficult to prosecute, but they carry the same consequences as an alcohol-related DUI. Prescription drugs can affect your ...
    • Prepare for Holiday DUI Stops

      The Wiseman Law Firm: Secure your Orlando Criminal Defense Lawyer The holiday season is one of the busiest times on our nation’s roadways. All across the country, millions of people travel and tragically, accident rates remain high. According to the National Safety Council, as many as 343 individuals lose their lives during the 3 days around Christmas and as many as 373, during the 3 days around ...
    • Memorial Day is Coming! Know Your Rights at a DUI Checkpoint

      With 2016 Memorial Day weekend just around the corner, many of us will be getting ready to go on vacation or enjoy some fun in the sun with friends and family. Amongst the grilling and good times, it is without a doubt that many Americans will be enjoying a few alcoholic beverages. While this is all good fun, it is important to remember to drink responsibly as law enforcement will surely be ...

    DUI Checkpoints

    The latest posts for DUI Checkpoints are listed below.
    • Prepare for Holiday DUI Stops

      The Wiseman Law Firm: Secure your Orlando Criminal Defense Lawyer The holiday season is one of the busiest times on our nation’s roadways. All across the country, millions of people travel and tragically, accident rates remain high. According to the National Safety Council, as many as 343 individuals lose their lives during the 3 days around Christmas and as many as 373, during the 3 days around ...
    • Memorial Day is Coming! Know Your Rights at a DUI Checkpoint

      With 2016 Memorial Day weekend just around the corner, many of us will be getting ready to go on vacation or enjoy some fun in the sun with friends and family. Amongst the grilling and good times, it is without a doubt that many Americans will be enjoying a few alcoholic beverages. While this is all good fun, it is important to remember to drink responsibly as law enforcement will surely be ...

    expunged record

    The latest posts for expunged record are listed below.
    • Can My Conviction be Expunged or My Record Sealed?

      Although expungement and sealing of a criminal record are similar, they apply to different circumstances. Expunging Your Record Expungement refers to the physical destruction of a record from public view, although a copy of the record is retained by the Florida Department of Law Enforcement. Unlike other states, you cannot apply to have your criminal conviction expunged but your record may be ...

    FAQ

    The latest posts for FAQ are listed below.
    • Can You Be Arrested for Shooting a Burglar?

      The Second Amendment guarantees Americans the right to bear arms, but it doesn’t say when we can use them. Since basically 1789 when the Amendment was passed by Congress, a person’s right to use a firearm in self-defense has been hotly debated. Today there is still no clear answer, despite gun laws and safety being a hot topic in the news and the public. Safety at home is the biggest concern for ...

    Federal Crimes

    The latest posts for Federal Crimes are listed below.
    • How Is a Federal Crime Different than a State Crime?

      Understanding the details of your charges is a critical aspect of your defense. If you are not an experienced criminal defense attorney, you might be thrown off when you read that your charges involve state or federal crimes. Just why is this distinguished and should you be worried about it? How Federal Crimes Are Different from State Crimes Federal crimes and generally considered to be the most ...

    felony charges

    The latest posts for felony charges are listed below.
    • Misdemeanors & Felonies: A Comparison

      If you have ever taken the time to look at someone’s criminal record or research criminal charges, you probably saw two words again and again: misdemeanor and felony. In fact, other than the rare and “harmless” infraction, every criminal violation in the country is considered either a misdemeanor or a felony. But what does that mean? And is it something you should be concerned with if you have ...
    • 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 ...
    • Is Drug Possession a Felony?

      In Florida, most drug possession charges are felony offenses except for possession of small amounts of marijuana. For the most part, Florida is very strict in imposing severe penalties for possession of a controlled substance or for the unlawful possession of prescription medication. Marijuana Possession Possession of small amounts of marijuana (otherwise known as cannabis) is not treated as ...

    Florida Laws

    The latest posts for Florida Laws are listed below.
    • Is Driving Under the Influence of Prescription Drugs Illegal?

      Many people associate a DUI charge with alcohol, but don’t realize that illegal and prescription drugs can also impair drivers. Florida law allows a person under the influence of drugs to be charged with a DUI, if they show signs of impairment. These cases can be complex and difficult to prosecute, but they carry the same consequences as an alcohol-related DUI. Prescription drugs can affect your ...
    • Enforcement Type: Primary and Secondary Offenses Explained

      When pulled over by a law enforcement officer, it is important to know your rights. In order to know your rights, you should understand the differences between a primary and a secondary offense. A primary offense is an act that allows a police officer to pull a vehicle over and give the driver a ticket. In the state of Florida, these violations are outlined in Chapters 316 , 320 , and 322 of the ...
    • How to Fight a Theft Charge at a Theme Park

      Florida’s tourism industry is one of the largest in the world. Orlando attractions include Seaworld , Universal Studios and Disney World which attract millions of visitors each year from across the globe. Unfortunately, these sites offer plenty of opportunities for theft. For people facing theft charges at a theme park, they should know what defenses are available to help fight them. Theme parks ...

    food poisoning

    The latest posts for food poisoning are listed below.
    • Were you Injured While Dining out at a Restaurant?

      Orlando has outstanding restaurants along with the usual fast food franchises. Under Florida’s premises liability laws , restaurant owners have a legal duty to ensure that their premises are kept in a reasonably safe condition. This mean restaurant owners need to prevent hazardous conditions from existing, however, in the event a hazardous condition does exist, they have a duty to warn of that ...

    Heroin Crimes

    The latest posts for Heroin Crimes are listed below.
    • Heroin an "Epidemic" in 2016

      Despite the long-fought “war on drugs” commissioned by lawmakers over the past several decades, it appears that overdose deaths, especially those involving heroin, are increasing. According to reports from the National Institute on Drug Abuse , annual heroin overdoses have been increasing at a rapid rate every year since 2010, with nearly 12,000 deaths related to heroin overdoses being recorded in ...

    Holiday safety tips

    The latest posts for Holiday safety tips are listed below.
    • Tips to Avoid a DUI on St. Patrick's Day

      Green Guinness, apple martinis, mojitos, and any other alcoholic beverage with green in it will be poured by the gallon this St. Patrick’s Day in the States as people from coast to coast celebrate the holiday in a bar with their best of buds. While anyone can appreciate a fun night knocking back a few lagers with your friends, no one really likes the driving under the influence ( DUI ) arrest that ...

    In the News

    The latest posts for In the News are listed below.
    • 6-Day Police Sting in Polk County, FL Ends in 114 Sex Crime Arrests

      Law enforcement officials in Polk County, Florida have stated that a total of 114 suspects were arrested as the result of a six-day undercover operation titled “Operation Not So Silent Night.” The goal of the operation was to identity and break apart an alleged sex and human trafficking ring in the region. The vast majority of the arrests brought about charged related to prostitution , either for ...

    indictment

    The latest posts for indictment are listed below.
    • What is the Difference Between Being Charged and Being Indicted?

      Being Charged A criminal charge is a formal allegation that you have committed one or more criminal offenses. These can be misdemeanor or felony violations. Once you are formally charged, you are subject to being arrested on a warrant if you have not been arrested already. If you were arrested before a warrant was issued, the State’s Attorney’s Office decides whether to charge you based on the ...

    Insurance

    The latest posts for Insurance are listed below.
    • 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 ...

    intent to sell

    The latest posts for intent to sell are listed below.
    • When does drug possession become with intent to sell?

      Most people who are involved in the illegal drug trade or who use drugs for recreational purposes are aware that intent to sell carries much more serious penalties than mere possession. Florida has some of the more onerous drug laws in the nation since many illegal drug runners and distributors are able to evade the US Coast Guard and border patrols and unload vast quantities onto Florida’s shores ...

    internet hacking

    The latest posts for internet hacking are listed below.
    • 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 ...

    judgement

    The latest posts for judgement are listed below.
    • 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 ...

    leaving scene

    The latest posts for leaving scene are listed below.
    • 6 Things to Know Before Leaving the Scene of an Accident

      If you have been in accident involving property damage or personal injury, you are legally required to give certain required information. This includes your driver’s license number , home address , auto insurance company and policy number , and registration information . If you are for any reason considering leaving the scene of an accident, there are a number of things about Florida law of which ...

    misdemeanor battery

    The latest posts for misdemeanor battery are listed below.
    • Is There Misdemeanor and Felony Assault and Battery?

      Assault and battery often are charged together since physical violence on someone is typically preceded by verbal threats, or actions, that promise imminent physical harm on someone. Like many criminal offenses, assault and battery can be charged as either a misdemeanor or a felony. Misdemeanor Assault In Florida, a misdemeanor assault is a threat or act that causes a person to have a reasonable ...

    Misdemeanors

    The latest posts for Misdemeanors are listed below.
    • Misdemeanors & Felonies: A Comparison

      If you have ever taken the time to look at someone’s criminal record or research criminal charges, you probably saw two words again and again: misdemeanor and felony. In fact, other than the rare and “harmless” infraction, every criminal violation in the country is considered either a misdemeanor or a felony. But what does that mean? And is it something you should be concerned with if you have ...

    moving violation

    The latest posts for moving violation are listed below.
    • 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. ...
    • If You are Pulled Over for Speeding

      There are a number of ways that Florida law enforcement can detect whether you were speeding. There are also defenses that a skilled speeding ticket defense attorneycan use to either mitigate the offense so that no points appear on your driving record or who can explore defenses that might get your ticket dismissed. Speeding tickets can result in hundreds of dollars in fines, or even $1,000 if you ...

    narcotics

    The latest posts for narcotics are listed below.
    • Is Driving Under the Influence of Prescription Drugs Illegal?

      Many people associate a DUI charge with alcohol, but don’t realize that illegal and prescription drugs can also impair drivers. Florida law allows a person under the influence of drugs to be charged with a DUI, if they show signs of impairment. These cases can be complex and difficult to prosecute, but they carry the same consequences as an alcohol-related DUI. Prescription drugs can affect your ...
    • 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, ...

    overturn sentence

    The latest posts for overturn sentence are listed below.
    • 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 ...

    penalties

    The latest posts for penalties are listed below.
    • Is Driving Under the Influence of Prescription Drugs Illegal?

      Many people associate a DUI charge with alcohol, but don’t realize that illegal and prescription drugs can also impair drivers. Florida law allows a person under the influence of drugs to be charged with a DUI, if they show signs of impairment. These cases can be complex and difficult to prosecute, but they carry the same consequences as an alcohol-related DUI. Prescription drugs can affect your ...
    • If You Are Arrested for Smoking or Possessing Marijuana

      To date, there are 11 states that have passed legislation decriminalizing the possession of small amounts of marijuana, generally less than one ounce or under 16 grams. Currently, there are 16 states that have legalized medical marijuana subject to certain restrictions on its cultivation, possession, use, and sale. Unfortunately, Florida has not subscribed to any of these measures and has some of ...

    Personal Injury

    The latest posts for Personal Injury are listed below.
    • Can a Side-Swipe Car Accident Result in Neck or Back Surgery?

      A side-swipe accident can result in serious injuries, including significant neck and back injuries and surgery in some cases. A side-swipe accident occurs when two vehicles, side-by-side, collide. This generally occurs when a vehicle is changing lanes or where an inattentive motorist drifts into your lane. Vehicles that are struck can be forced off the road, into traffic barriers or into other ...
    • 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 ...
    • 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 ...

    petite theft

    The latest posts for petite theft are listed below.
    • Can you be charged with a Felony for Stealing Soda?

      Could you be charged with a felony offense simply for stealing soda from an Orlando, Florida restaurant? For example, if you went to a fast food restaurant and took a cup intended only for water but filled it with soda instead and refused to pay for it, you could be charged with felony theft under certain circumstances under Florida law. Stealing soda or anything else of minimal value are ...

    premises liability

    The latest posts for premises liability are listed below.
    • 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 ...
    • Were you Injured While Dining out at a Restaurant?

      Orlando has outstanding restaurants along with the usual fast food franchises. Under Florida’s premises liability laws , restaurant owners have a legal duty to ensure that their premises are kept in a reasonably safe condition. This mean restaurant owners need to prevent hazardous conditions from existing, however, in the event a hazardous condition does exist, they have a duty to warn of that ...

    prescriptions

    The latest posts for prescriptions are listed below.
    • Is Driving Under the Influence of Prescription Drugs Illegal?

      Many people associate a DUI charge with alcohol, but don’t realize that illegal and prescription drugs can also impair drivers. Florida law allows a person under the influence of drugs to be charged with a DUI, if they show signs of impairment. These cases can be complex and difficult to prosecute, but they carry the same consequences as an alcohol-related DUI. Prescription drugs can affect your ...
    • 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, ...

    press release

    The latest posts for press release are listed below.
    • 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 ...

    probation

    The latest posts for probation are listed below.
    • 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 ...
    • 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 ...

    reckless driving

    The latest posts for reckless driving are listed below.
    • Is Driving Under the Influence of Prescription Drugs Illegal?

      Many people associate a DUI charge with alcohol, but don’t realize that illegal and prescription drugs can also impair drivers. Florida law allows a person under the influence of drugs to be charged with a DUI, if they show signs of impairment. These cases can be complex and difficult to prosecute, but they carry the same consequences as an alcohol-related DUI. Prescription drugs can affect your ...
    • Can You Get Arrested for Reckless Driving?

      Reckless driving in Florida is a serious traffic offense unlike a speeding ticket or running a red light. It denotes behavior that is more than just negligence or a lack of attention; it is the wanton or willful disregard for the safety of others. In most instances, you will be arrested for reckless driving. Examples of Reckless Driving Weaving at high speeds in traffic Driving at speeds ...

    resisting arrest

    The latest posts for resisting arrest are listed below.
    • If You Are Charged with Resisting Arrest without Violence in Florida

      There are times when people being questioned by police regarding a traffic offense , DUI , or who may be suspected of committing some other offense, are suddenly arrested and charged with resisting arrest without violence. In Florida, this is also referred to as an obstruction of justice charge. In many instances, the person arrested is also charged with the offense for which they were being ...

    retail theft

    The latest posts for retail theft are listed below.
    • Were you Caught Shoplifting at an Orlando Mall?

      Being at a mall in Orlando, Florida with friends is an enjoyable occurrence for many. But there may be a time when upon a dare or to impress your friends, or just because you are feeling depressed, you see an opportunity to take an article of clothing or some other item from a mall store without paying for it. Unfortunately, most mall stores have cameras or employ undercover security for just such ...

    robbery

    The latest posts for robbery are listed below.
    • 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 ...

    self-defense

    The latest posts for self-defense are listed below.
    • Can You Be Arrested for Shooting a Burglar?

      The Second Amendment guarantees Americans the right to bear arms, but it doesn’t say when we can use them. Since basically 1789 when the Amendment was passed by Congress, a person’s right to use a firearm in self-defense has been hotly debated. Today there is still no clear answer, despite gun laws and safety being a hot topic in the news and the public. Safety at home is the biggest concern for ...
    • 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 ...

    Sex Crimes

    The latest posts for Sex Crimes are listed below.
    • 6-Day Police Sting in Polk County, FL Ends in 114 Sex Crime Arrests

      Law enforcement officials in Polk County, Florida have stated that a total of 114 suspects were arrested as the result of a six-day undercover operation titled “Operation Not So Silent Night.” The goal of the operation was to identity and break apart an alleged sex and human trafficking ring in the region. The vast majority of the arrests brought about charged related to prostitution , either for ...

    shoplifting

    The latest posts for shoplifting are listed below.
    • Were you Caught Shoplifting at an Orlando Mall?

      Being at a mall in Orlando, Florida with friends is an enjoyable occurrence for many. But there may be a time when upon a dare or to impress your friends, or just because you are feeling depressed, you see an opportunity to take an article of clothing or some other item from a mall store without paying for it. Unfortunately, most mall stores have cameras or employ undercover security for just such ...

    smuggling

    The latest posts for smuggling are listed below.
    • What is the Difference Between Drug Trafficking and Smuggling?

      Trafficking Trafficking in drugs is an expansive term that includes any activity that involves the manufacture, importation, exportation, distribution or sale of illegal drugs. It also includes possessing drugs if you show the intent or there is evidence that you were conducting any of these activities. Generally, there is an element of earning money from engaging in these pursuits. Drug dealers ...

    speeding

    The latest posts for speeding are listed below.
    • Can You Get Arrested for Speeding in Florida?

      Generally, a speeding ticket is not a serious enough offense to warrant an arrest, but there are circumstances under which you may be arrested. For example, if you were driving at a speed that substantially exceeded the speed limit, you risk an arrest. While you may not be arrested for traveling 100 mph on the Florida turnpike at 2 am, you face near certain arrest if you were doing so at rush hour ...
    • If You are Pulled Over for Speeding

      There are a number of ways that Florida law enforcement can detect whether you were speeding. There are also defenses that a skilled speeding ticket defense attorneycan use to either mitigate the offense so that no points appear on your driving record or who can explore defenses that might get your ticket dismissed. Speeding tickets can result in hundreds of dollars in fines, or even $1,000 if you ...

    street racing

    The latest posts for street racing are listed below.
    • 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 ...
    • 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 ...

    suspended license

    The latest posts for suspended license are listed below.
    • Is Driving Under the Influence of Prescription Drugs Illegal?

      Many people associate a DUI charge with alcohol, but don’t realize that illegal and prescription drugs can also impair drivers. Florida law allows a person under the influence of drugs to be charged with a DUI, if they show signs of impairment. These cases can be complex and difficult to prosecute, but they carry the same consequences as an alcohol-related DUI. Prescription drugs can affect your ...
    • What You Should Know if You Are Caught Driving on a Suspended License

      Driving with a suspended license in Florida is a criminal offense if you had notice of the suspension or should have known of it. Your license may be suspended for any of the following reasons: Reasons for Suspending a Driver’s License Refusal to take a blood alcohol test Failing a blood alcohol test Failing to pay traffic fines Driving without insurance Guilty of DUI Providing false information ...

    Text and drive

    The latest posts for Text and drive are listed below.
    • Tips to Safeguard Against Theft If on Holiday in Orlando

      Under the new proposed law, texting and driving shall be considered illegal and will be classified as a "secondary offense." This means that law enforcement officers cannot use texting while driving as a basis to stop a driver behind the wheel. However, in the event that a driver is pulled over for a “primary offense,” such as speeding, driving under the influence of alcohol, or violating right of ...

    Theft Crimes

    The latest posts for Theft Crimes are listed below.
    • How to Fight a Theft Charge at a Theme Park

      Florida’s tourism industry is one of the largest in the world. Orlando attractions include Seaworld , Universal Studios and Disney World which attract millions of visitors each year from across the globe. Unfortunately, these sites offer plenty of opportunities for theft. For people facing theft charges at a theme park, they should know what defenses are available to help fight them. Theme parks ...
    • What to Do if Arrested for Theft in Florida

      Theft in Florida is a property crime that is charged as either a misdemeanor or felony depending on the value of the property taken, the particular item stolen, and if the offender has a record of prior thefts. Theft is the intentional taking or using of someone else’s property, either permanently or temporarily, that deprives the owner of his or her right to the property and any benefit from it, ...

    Theme park accident

    The latest posts for Theme park accident are listed below.
    • What to do if you are Injured at a Theme Park in Orlando

      Orlando is home to a number of theme parks including Disney World . Other Orlando theme parks like Universal Studios , Sea World , Islands of Adventure and the Holy Land Experience , as well as county fairs, provide incredible rides, sights, restaurants, and other amazing attractions for millions of visitors from all over America and the world. But if you are injured on a ride or anywhere else in ...

    things to know

    The latest posts for things to know are listed below.
    • Tips to Avoid a DUI on St. Patrick's Day

      Green Guinness, apple martinis, mojitos, and any other alcoholic beverage with green in it will be poured by the gallon this St. Patrick’s Day in the States as people from coast to coast celebrate the holiday in a bar with their best of buds. While anyone can appreciate a fun night knocking back a few lagers with your friends, no one really likes the driving under the influence ( DUI ) arrest that ...
    • Enforcement Type: Primary and Secondary Offenses Explained

      When pulled over by a law enforcement officer, it is important to know your rights. In order to know your rights, you should understand the differences between a primary and a secondary offense. A primary offense is an act that allows a police officer to pull a vehicle over and give the driver a ticket. In the state of Florida, these violations are outlined in Chapters 316 , 320 , and 322 of the ...
    • 8 Things to Know if You are Stopped at a Florida DUI Checkpoint

      Police are not permitted to randomly stop and detain anyone on a street or who may be in a motor vehicle. Before doing so, the law enforcement officer must have a valid reason for the brief detention of anyone’s liberty. DUI checkpoints, however, are an exception to some degree. These are roadblocks set up by police as a method of detecting intoxicated drivers. Even these intrusions on a person’s ...

    traffic ticket

    The latest posts for traffic ticket are listed below.
    • If You are Pulled Over for Speeding

      There are a number of ways that Florida law enforcement can detect whether you were speeding. There are also defenses that a skilled speeding ticket defense attorneycan use to either mitigate the offense so that no points appear on your driving record or who can explore defenses that might get your ticket dismissed. Speeding tickets can result in hundreds of dollars in fines, or even $1,000 if you ...

    Traffic Violation

    The latest posts for Traffic Violation are listed below.
    • Is Driving Under the Influence of Prescription Drugs Illegal?

      Many people associate a DUI charge with alcohol, but don’t realize that illegal and prescription drugs can also impair drivers. Florida law allows a person under the influence of drugs to be charged with a DUI, if they show signs of impairment. These cases can be complex and difficult to prosecute, but they carry the same consequences as an alcohol-related DUI. Prescription drugs can affect your ...
    • Can You Get Arrested for Speeding in Florida?

      Generally, a speeding ticket is not a serious enough offense to warrant an arrest, but there are circumstances under which you may be arrested. For example, if you were driving at a speed that substantially exceeded the speed limit, you risk an arrest. While you may not be arrested for traveling 100 mph on the Florida turnpike at 2 am, you face near certain arrest if you were doing so at rush hour ...
    • If You are Pulled Over for Speeding

      There are a number of ways that Florida law enforcement can detect whether you were speeding. There are also defenses that a skilled speeding ticket defense attorneycan use to either mitigate the offense so that no points appear on your driving record or who can explore defenses that might get your ticket dismissed. Speeding tickets can result in hundreds of dollars in fines, or even $1,000 if you ...

    trafficking

    The latest posts for trafficking are listed below.
    • 6-Day Police Sting in Polk County, FL Ends in 114 Sex Crime Arrests

      Law enforcement officials in Polk County, Florida have stated that a total of 114 suspects were arrested as the result of a six-day undercover operation titled “Operation Not So Silent Night.” The goal of the operation was to identity and break apart an alleged sex and human trafficking ring in the region. The vast majority of the arrests brought about charged related to prostitution , either for ...
    • What is the Difference Between Drug Trafficking and Smuggling?

      Trafficking Trafficking in drugs is an expansive term that includes any activity that involves the manufacture, importation, exportation, distribution or sale of illegal drugs. It also includes possessing drugs if you show the intent or there is evidence that you were conducting any of these activities. Generally, there is an element of earning money from engaging in these pursuits. Drug dealers ...

    trespassing

    The latest posts for trespassing are listed below.
    • If You Are Charged with Trespassing on Private Property in Florida

      Trespassing on private property in Florida can occur in any number of circumstances. It is essentially entering private property without the express or implied consent of the owner. Private property refers to any of the following: Residential -- You must be expressly invited by the owner. Commercial public and private property -- Access is limited to certain people. This includes schools, office ...

    violence

    The latest posts for violence are listed below.
    • What is a Hate Crime?

      Hate crimes are considered particularly egregious offenses in the legal system. This type of crime refers to a bias that a perpetrator has against a person of a particular sexual orientation, gender, race, ethnicity, religion, or other social group. Just about any crime committed against a person can be classified as a hate crime if it was committed with some bias. What makes a hate crime ...
    • If You Are Charged with Resisting Arrest without Violence in Florida

      There are times when people being questioned by police regarding a traffic offense , DUI , or who may be suspected of committing some other offense, are suddenly arrested and charged with resisting arrest without violence. In Florida, this is also referred to as an obstruction of justice charge. In many instances, the person arrested is also charged with the offense for which they were being ...

    Weapons Crimes

    The latest posts for Weapons Crimes are listed below.
    • Who Can Carry a Firearm in Florida?

      Although it is generally illegal to openly carry a gun in the State of Florida, individuals may openly carry a number of different non-lethal weapons for self-defense purposes, including pepper spray, a stun gun, a dart-firing stun gun, or any other type of non-lethal electric weapon. Ordinary civilians are only permitted to possess a firearm in a few select places and scenarios, including a ...
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