Blog Posts in 2012

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Domestic violence: Will the State drop the charge?

When the police are called because of a domestic violence dispute, you can count on things getting out of your control. The laws of the State of Florida and the policies of police agencies presume ...
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What is entrapment?

Entrapment is a defense to a crime, such as trafficking. There are two different types of entrapment in the State of Florida: subjective and objective. Subjective entrapment is codified in Section ...
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What is "Speedy Trial" in Florida?

When a person is arrested or charged with a crime, the law requires that the person is given a trial within a reasonable period of time. This is known as the right to a speedy trial. This is a ...
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Arrested, booked and bonding

You or someone you know has just been arrested. This is a confusing and scary process, but understanding what is going on can help you feel a little better as you continue through the system. At the ...
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Sign a Prenup? That Is So Romantic!

A Prenuptial or Premarital Agreement is a written contract created by two individuals who plan to be married. While you may have the best hopes for your future, it is not a bad idea to consider ...
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Should I Prepare For Mediation?

If you are going through a divorce in Florida, it is almost certain you will attend mediation at some point. Mediation is often ordered by the court or scheduled by the parties themselves. Mediation ...
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Tips: When Involved in an Accident

If you are involved in a car crash, you don’t have to give any information that may be used to incriminate you in a criminal investigation (such as a DUI or Vehicular Manslaughter charge). You ...
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What is a Parenting Plan?

If you are going through a divorce in Florida and you have one or more minor children with your spouse, you must create a parenting plan and have it approved by the court before the divorce is ...
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How Long Will My Divorce Take?

So, you have decided your marriage has come to an end. When I speak to people who are contemplating filing for divorce, there is one question that is always asked: How long does it take to get ...
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Divorce - Term of the Day

n. the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states, including California) by one party. Some states still require at least a ...
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First Degree Murder - Term of the Day

n. although it varies from state to state, it is generally a killing which is deliberate and premeditated (planned, after lying in wait, by poison or as part of a scheme), in conjunction with felonies ...
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Second Degree Murder - Term of the Day

n. a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Second degree murder is different from first degree murder, which is a premeditated, ...
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Satisfaction - Term of the Day

n. examination of a person’s premises (residence, business or vehicle) by law enforcement officers looking for evidence of the commission of a crime, and the taking (seizure and removal) of ...
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Decriminalization - Term of the Day

n. the repeal or amendment of statutes which made certain acts criminal, so that those acts no longer are crimes subject to prosecution. Many states have decriminalized certain sexual practices ...
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Guardian Ad Litem - Term of the Day

n. a person appointed by the court only to take legal action on behalf of a minor or an adult not able to handle his/her own affairs. Duties may include filing a lawsuit for an injured child, ...
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Gag Order - Term of the Day

n. a judge’s order prohibiting the attorneys and the parties to a pending lawsuit or criminal prosecution from talking to the media or the public about the case. The supposed intent is to ...
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Jaywalking - Term of the Day

n. walking across a street outside of marked cross-walks, and not at a corner, and/or against a signal light. If there is vehicle traffic or clear markings of a place to cross, this is a traffic ...
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Larceny - Term of the Day

n. the crime of taking the goods of another person without permission (usually secretly), with the intent of keeping them. It is one form of theft. Some states differentiate between grand larceny and ...
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Magistrate - Term of the Day

n. 1) a generic term for any judge of a court, or anyone officially performing a judge’s functions. 2) in a few states, an officer of the court at the lowest level who hears small claims ...
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Temporary Injunction - Term of the Day

n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. A temporary injunction differs from a “temporary restraining order” which ...
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Criminal Law - Term of the Day

n. those statutes dealing with crimes against the public and members of the public, with penalties and all the procedures connected with charging, trying, sentencing and imprisoning defendants ...
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Joint Custody - Term of the Day

n. in divorce actions, a decision by the court (often upon agreement of the parents) that the parents will share custody of a child. There are two types of custody, physical and legal. Joint physical ...
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Reasonable Doubt - Term of the Day

n. not being sure of a criminal defendant’s guilt to a moral certainty. Thus, a juror (or judge sitting without a jury) must be convinced of guilt of a crime (or the degree of crime, as murder ...
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Parental Neglect - Term of the Day

n. a crime consisting of acts or omissions of a parent (including a stepparent, adoptive parent or someone who, in practical terms, serves in a parent’s role) which endangers the health and life ...
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White Collar Crime - Term of the Day

n. a generic term for crimes involving commercial fraud, cheating consumers, swindles, insider trading on the stock market, embezzlement and other forms of dishonest business schemes. The term comes ...
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