The latest posts for accident are listed below.
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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 ...
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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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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. ...
The latest posts for aggravated battery are listed below.
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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 ...
The latest posts for Appeals are listed below.
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If you have been convicted of a criminal offense, your fight may not be over yet. It is possible that you can appeal your conviction. In order to do so, however, you must meet specific requirements. Below, we will discuss what you need to know about your appeal. You have the right to appeal any courtroom decision you disagree with as the defendant in a criminal court. Appealing is asking a higher ...
The latest posts for arrested are listed below.
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The Fourth Amendment protects one’s personal privacy and every citizen’s right to be free from unreasonable intrusion into their homes, businesses, persons, and property, regardless of where the law enforcement officer stops the citizen or attempts to conduct the search. This means that, as a citizen, you have rights that cannot be violated, unless certain limited circumstances apply. How Does the ...
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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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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 ...
The latest posts for Assault are listed below.
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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 ...
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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 ...
The latest posts for back injury are listed below.
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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 ...
The latest posts for Battery are listed below.
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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 ...
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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 ...
The latest posts for car accident are listed below.
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Accidents are chaotic and overwhelming events and we are often swept away by the weight of the moment, which can sometimes lead to mistakes. People often feel obligated to apologize, regardless if they were at fault or simply a victim caught in an unfortunate situation. However, apologizing for an accident is a critical error that must be avoided, or you could jeopardize your chances of obtaining ...
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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 ...
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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 ...
The latest posts for citation are listed below.
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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 ...
The latest posts for controlled substance are listed below.
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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, ...
The latest posts for conviction are listed below.
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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 ...
The latest posts for criminal charges are listed below.
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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 ...
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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 ...
The latest posts for Criminal Defense are listed below.
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Being in the mix of the criminal justice system can feel daunting with all of the paperwork, trial dates, and the fear of an upcoming sentencing. Before all that, there’s the task of finding the right criminal defense lawyer. Don’t let the legal system take advantage of you. Our Orlando criminal defense lawyers at The Wiseman Law Firm have the knowledge you need to guide you through your upcoming ...
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Your cell phone contains a considerable amount of private and sensitive data, and access to this data can be a considerable intrusion of privacy. However, some law enforcement offices seek to gain access to your cell phone after your arrest to look for evidence. Florida courts, however, are working to protect your privacy and block police officers from accessing your phone without a warrant. Here ...
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The end of the year is coming soon and with it the plethora of holiday parties. From Halloween to Thanksgiving to Christmas to New Year’s Eve, many people will be celebrating these events with beer, wine, and cocktails. It’s no secret there is a high correlation between the holidays and incidences of drunk driving and drunk-driving related accidents. If you’re hosting a party soon, here are a few ...
The latest posts for cyber crime are listed below.
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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 ...
The latest posts for defective tires are listed below.
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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 ...
The latest posts for Dog Bites are listed below.
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A large number of dog bites occur each year. What should you do in the event of a dog attack? Keep reading to learn more about the 4 steps you need to take after a dog attack: 1. Obtain Owner and Witness Information The dog’s owner may be liable for the attack, so it is important to obtain their name and contact information, as well as the name, breed, and age of the animal. Taking a picture of ...
The latest posts for domestic violence are listed below.
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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 ...
The latest posts for driver's license are listed below.
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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 ...
The latest posts for Drug Crimes are listed below.
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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 ...
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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 ...
The latest posts for Drug possession are listed below.
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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 ...
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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 ...
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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 ...
The latest posts for DUI are listed below.
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If you’ve been arrested for a DUI in Florida, you need to act immediately to protect your driver’s license. You have 10 days after your arrest to request a formal review hearing to contest the administrative suspension of your driver’s license. If you do not fight this suspension, you will lose your driver’s license, even if you win your criminal trial. What Happens at a DMV Hearing? A formal ...
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If you are a truck driver who was arrested in the state of Florida for driving under the influence (DUI) of drugs or alcohol, you could face the permanent loss of your commercial driver’s license (CDL). The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) is the agency that administers and suspends CDL licenses. Your CDL could be suspended for many reasons, one of which is a DUI ...
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Driving under the influence ( DUI ) of drugs or alcohol can lead to more punishments than you might think. If it’s your first charge, you might get off with no more than a brief license suspension and a fine; however, there are long-lasting consequences even to a single DUI on your criminal record. If you drive for a living and need a commercial driver’s license (CDL) to do your job, you might be ...
The latest posts for DUI Checkpoints are listed below.
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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 ...
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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 ...
The latest posts for expunged record are listed below.
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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 ...
The latest posts for FAQ are listed below.
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Being in the mix of the criminal justice system can feel daunting with all of the paperwork, trial dates, and the fear of an upcoming sentencing. Before all that, there’s the task of finding the right criminal defense lawyer. Don’t let the legal system take advantage of you. Our Orlando criminal defense lawyers at The Wiseman Law Firm have the knowledge you need to guide you through your upcoming ...
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Your cell phone contains a considerable amount of private and sensitive data, and access to this data can be a considerable intrusion of privacy. However, some law enforcement offices seek to gain access to your cell phone after your arrest to look for evidence. Florida courts, however, are working to protect your privacy and block police officers from accessing your phone without a warrant. Here ...
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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 ...
The latest posts for Federal Crimes are listed below.
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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 ...
The latest posts for felony charges are listed below.
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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 ...
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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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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 ...
The latest posts for Florida Laws are listed below.
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Your cell phone contains a considerable amount of private and sensitive data, and access to this data can be a considerable intrusion of privacy. However, some law enforcement offices seek to gain access to your cell phone after your arrest to look for evidence. Florida courts, however, are working to protect your privacy and block police officers from accessing your phone without a warrant. Here ...
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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 ...
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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 ...
The latest posts for food poisoning are listed below.
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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 ...
The latest posts for Heroin Crimes are listed below.
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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 ...
The latest posts for Holiday safety tips are listed below.
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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 ...
The latest posts for In the News are listed below.
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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 ...
The latest posts for indictment are listed below.
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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 ...
The latest posts for Insurance are listed below.
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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 ...
The latest posts for intent to sell are listed below.
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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 ...
The latest posts for internet hacking are listed below.
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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 ...
The latest posts for judgement are listed below.
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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 ...
The latest posts for leaving scene are listed below.
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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 ...
The latest posts for misdemeanor battery are listed below.
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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 ...
The latest posts for Misdemeanors are listed below.
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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 ...
The latest posts for moving violation are listed below.
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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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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 ...
The latest posts for narcotics are listed below.
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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 ...
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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, ...
The latest posts for overturn sentence are listed below.
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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 ...
The latest posts for penalties are listed below.
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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 ...
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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 ...
The latest posts for Personal Injury are listed below.
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Accidents are chaotic and overwhelming events and we are often swept away by the weight of the moment, which can sometimes lead to mistakes. People often feel obligated to apologize, regardless if they were at fault or simply a victim caught in an unfortunate situation. However, apologizing for an accident is a critical error that must be avoided, or you could jeopardize your chances of obtaining ...
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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 ...
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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 ...
The latest posts for petite theft are listed below.
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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 ...
The latest posts for premises liability are listed below.
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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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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 ...
The latest posts for prescriptions are listed below.
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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 ...
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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, ...
The latest posts for press release are listed below.
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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 ...
The latest posts for probation are listed below.
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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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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 ...
The latest posts for reckless driving are listed below.
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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 ...
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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 ...
The latest posts for resisting arrest are listed below.
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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 ...
The latest posts for retail theft are listed below.
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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 ...
The latest posts for robbery are listed below.
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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 ...
The latest posts for self-defense are listed below.
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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 ...
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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 ...
The latest posts for Sex Crimes are listed below.
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A false accusation of sexual assault can result in not only the loss of your reputation, but also in criminal penalties. That is why it is important to take immediate action after you have been accused of sexual assault to protect your rights and clear your name. How can you do this? If you have been accused of sexual assault, you should: Obtain legal counsel . As soon as possible, you should hire ...
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According to Florida law, indecent exposure is considered the act of exposing or exhibiting one’s sexual organs in public or on the private property of another, or so near to either as to be seen from private property. Likewise, the exposure must be in a vulgar or indecent manner. A well-known prank, streaking, would also be considered indecent exposure, as the law also includes being naked in ...
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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 ...
The latest posts for Sexual Assault are listed below.
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A false accusation of sexual assault can result in not only the loss of your reputation, but also in criminal penalties. That is why it is important to take immediate action after you have been accused of sexual assault to protect your rights and clear your name. How can you do this? If you have been accused of sexual assault, you should: Obtain legal counsel . As soon as possible, you should hire ...
The latest posts for shoplifting are listed below.
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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 ...
The latest posts for smuggling are listed below.
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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 ...
The latest posts for speeding are listed below.
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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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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 ...
The latest posts for street racing are listed below.
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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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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 ...
The latest posts for suspended license are listed below.
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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 ...
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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 ...
The latest posts for Text and drive are listed below.
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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 ...
The latest posts for Theft Crimes are listed below.
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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 ...
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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, ...
The latest posts for Theme park accident are listed below.
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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 ...
The latest posts for things to know are listed below.
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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 ...
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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 ...
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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 ...
The latest posts for traffic ticket are listed below.
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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 ...
The latest posts for Traffic Violation are listed below.
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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 ...
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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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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 ...
The latest posts for trafficking are listed below.
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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 ...
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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 ...
The latest posts for trespassing are listed below.
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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 ...
The latest posts for violence are listed below.
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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 ...
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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 ...
The latest posts for Weapons Crimes are listed below.
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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 ...
