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Recent Posts in Criminal Defense Category

  • Common Tourist Crimes in Florida

    Destination Vacations and Crime Florida is a common destination for vacationers from out of state and out of the country. Although you may have spent time learning about the laws and appropriate behavior when you are visiting a new place, that doesn’t mean you won’t make mistakes. If you are facing criminal charges and you are not a Florida resident, you will need the legal counsel of an ...
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  • What Happens When You Are Arrested in Florida While on Vacation?

    Now that summer has arrived once again, many Americans are embarking on their vacations in order to visit a new town, relax, and have fun. From our beautiful beaches to our famous amusement parks, Orlando remains a go-to vacation spot for people from around the world. However, sometimes individuals can have too much fun. Whether it’s DUI or drug possession , visitors may find themselves in a ...
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  • Thinking of Representing Yourself? Read This First!

    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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  • Can the Police Search My Cell Phone Without a Warrant?

    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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  • Helping Party Guests Avoid a DUI

    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 ...
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  • Handling Your DUI with a Past Conviction

    Most people are concerned when they get pulled over and arrested for driving under the influence (DUI) of drugs or alcohol; however, 1 st -time offenders have less to worry about than people with more than one prior offense on their criminal record. The severity of the subsequent sentence would be significantly harsher if the previous conviction was also a DUI. If you are facing a 2 nd or even a 3 ...
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  • What Is Considered Indecent Exposure?

    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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  • Criminal Charges and Their Impact on Your Driving Privileges

    Surprisingly, not many people know driving is a privilege, not a right. If you do something against the law, the state of Florida can take away your license as a result. A person’s driving privilege can be suspended, canceled, or revoked for many reasons, including failing to pay a ticket, failing to pay child support, or failing to attend traffic school. Likewise, more than just a DUI can get ...
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  • 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 ...
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  • What Convictions Are Eligible For an Appeal?

    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 ...
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  • 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 ...
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  • 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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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • Can a Sentence be Overturned from New Evidence?

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

    Both misdemeanors and felonies are criminal offenses though the penalties for either vary significantly as do the collateral consequences of a conviction. Misdemeanors generally involve less serious crimes though some violent offenses can be charged as misdemeanors so long as the victim is not seriously injured. Felonies are the most serious of crimes with offenders facing prison time and extended ...
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  • How Do Points Work on a Driver's License?

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

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

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

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

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

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