Blog Posts in 2013

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DUI Administrative Suspensions in Florida

As of July 1, 2013, the rules for the administrative suspension of a Driver License after a DUI arrest, and the right to have a review of administrative suspension have changed. If during a DUI ...
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DUI Driver License Basic Information

NOTICE: The following contents are for informational purposes only. You should consult with an attorney prior to taking any action. OVERVIEW: A DUI charge is a criminal charge, requires your ...
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DUI conviction and a Hardship License

There are many questions that come from a DUI arrest and conviction, but the most confusing seem to be related to your driver’s license. The laws are complicated and get harder with the more ...
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Fireworks in Florida

With the Fourth of July celebrations approaching, I get a good deal of questions regarding the legality of possessing and shooting off fireworks in Florida. It seems to be confusing because there are ...
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Not All Confessions are Created Equal - The Corpus Delicti Issue

What many people don’t understand in the criminal law world is that just because you make a statement against your own interest (otherwise known as a confession), it doesn’t necessarily ...
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DUI and your Driver's License

If you are arrested for a DUI in Florida, your license may be administratively suspended immediately by the Department of Highway Safety and Motor Vehicles (DHSMV). If you are later convicted for the ...
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The Criminal Process

The police need probable cause to believe that a crime has been committed in order to get an arrest warrant, or to arrest you because they witnessed you commit a crime, or they gathered sufficient ...
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Arrested... Now What?

If you are arrested for an alleged violation of a Florida criminal law, there are a few things you should know. First, don’t panic. Not all is lost. You have many rights that will protect you ...
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Stand-Your-Ground and The Castle Doctrine

Ever since the shooting death of Trayvon Martin by George Zimmerman, a volunteer neighborhood watchperson, everyone is talking about the Castle Doctrine and the Stand-your-Ground laws in Florida. Many ...
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What you need to know about Terminating your Probation

About once a week, I get a call from a person who always wants to know one thing. When can I get off of my probation? Most of the time the conditions of probation are interfering with their work or ...
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What to do if You have a Warrant for Your Arrest

You just found out that you have a warrant for your arrest. There may be a criminal investigation you didn’t know about. You may have missed a court date or events that you were suppose to show ...
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Innocent Citizens Protection Act

Are you presumed guilty even when proven innocent? If you are arrested for a crime you didn’t commit, you may have your record erased or “expunged” if you are exonerated. Or so you ...
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Florida Pretrial Intervention Programs

Florida law provides a mechanism for many types of non-violent criminal cases to be dismissed upon completion of a pretrial intervention program. If charged with a non-violent criminal misdemeanor or ...
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What is Mediation?

Mediation is a process during a divorce whereby a neutral third party, known as the “mediator”, helps a divorcing couple negotiate and settle their case without the necessity of going to ...
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Does Cheating Matter in a Florida Divorce?

The infidelity of one spouse is a common reason why many marriages crumble. However, Florida is considered “no fault” divorce state. This means that a spouse who is seeking a divorce does ...
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Juror Says "Stand Your Ground Law" Required Not Guilty Verdict

Daniel Greene was a juror in the Timothy Davis murder trial that resulted in a not guilty verdict last Friday. Greene also happens to be an attorney. As such, Greene was focused during the trial on ...
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Jurors Tell Longwell Lawyers Why They Acquitted

In an interview with Attorney Mark Longwell, of Longwell Lawyers, two of the jurors in the Timothy Davis murder trial revealed why they acquitted the retired Orlando police officer. Javier Zerquera, ...
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What your Attorney won't (can't) tell you about gain time

Sometimes it seems like your attorney can’t give you a straight answer about gain time in the Florida Prison Sentence. You want to know how much jail time you will actually serve on a particular ...
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Waiver of Impound Requirement After DUI Conviction

Florida Statute Section 316.193(6)(a) states that a court may order a ten (10) day impoundment or immobilization of the vehicle the defendant was driving,or in actual physical control of, when he/she ...
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Red Light Cameras: What You Need to Know

If you get a red light camera Notice of Violation in the mail saying you ran a red light and must pay a penalty, here is what you should know. The Notice of Violation must be sent to the registered ...
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Withhold of Adjudication: the Good and the Bad

I hear it all the time; I can’t have a conviction on this case. Unfortunately, most people outside of the courtroom don’t understand what a conviction is actually. Florida Statute 948.01 ...
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Temporary Relief in Orlando Divorce and Paternity Cases

Divorce law in Florida allows for parties to request temporary relief pending the final disposition of their divorce or their paternity case. The road to the end of a divorce case or a paternity ...
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DUI: Formal Review Hearing

When you are charged with Driving Under the Influence ( DUI ), your license may be automatically suspended for six (6) months if you had a breath test result of.08 or greater, or 12 months, if you ...
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What are the benefits of establishing Paternity?

“Paternity” is the legal process for determining who is the father of a child. Children born during a marriage are presumed to be children of the husband. However, if the child is born to ...
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Two strikes and you're out!

You have always heard the phrase “Strike Three -You’re Out”, but in Florida certain criminal acts don’t afford you such a luxury. In certain cases, you don’t get a third ...
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