Recent Posts in Criminal Law Category

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The Importance of Prosecutorial Discretion

“Prosecutorial Discretion” is the general concept that prosecutors are empowered with the ability to choose what to prosecute and/or what punishments to pursue. Basically, while some acts ...
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Bad Behavior by the "Good Guys?"

Our constitution was not crafted to protect us from individual crime. Instead, powerful rights are given to the People to protect us from a government that may abuse its power. The right to be free ...
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Longwell Lawyers Welcomes Attorney Benjamin L. Jones

Longwell Lawyers is exceptionally pleased to welcome Attorney Benjamin L. Jones to our team. Mr. Jones will be focusing his practice primarily in the area of Criminal Defense, and his extensive ...
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What's the Difference Between Burglary and Robbery?

Although many individuals use the two terms interchangeably, there is a significant difference between burglary and robbery – both in the definition of the crimes themselves, as well as in the ...
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Why You Should Hire a Private Defense Attorney

By law, you do have the right to retain legal counsel if you have been accused of a crime. If you are unable to afford a private defense lawyer, you may be entitled to a public defender by the court. ...
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Should You Accept a Plea Bargain?

A plea bargain is a bargaining chip used by the prosecution in order to help control the outcome of the criminal case. In this situation, you may be asked to plead guilty or no contest to a criminal ...
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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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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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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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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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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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5th Amendment Rights - They are that important!

I have been practicing law in the State of Florida for over twenty years. In that time, I have found that some of the most basic constitutional rights that we share in our free society are ones nobody ...
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Early Termination of Probation

Florida Statute § 948.04(3), states the following: If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all ...
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