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Blog Posts in August, 2012

  • 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 ...
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  • 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 ...
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  • 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 ...
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  • What Remedies Do I Have if I Am Convicted?

    You can be convicted of a criminal offense by either entering a plea of guilty or of nolo contendere (no contest) or by being found guilty by a judge in a court trial or by a jury. Although it is difficult to overturn or vacate your conviction, you do have several remedies. Vacating a Conviction Any attorney who represents you in a criminal case must adhere to certain standards of competency. The ...
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  • 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. Arrested on a Charge 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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