April 10, 2014

Help for Arrested Tourists in Daytona Beach

Florida is one of the world's greatest tourist draws, attracting some 89.3 million visitors in 2012. Roughly 600,000 flock to Daytona Beach just for Bike Week.
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Sometimes though, vacations wind up being less than idyllic. Many Florida tourists are arrested. This can be an especially frightening prospect for those who are non-citizens.

As Daytona Beach criminal defense lawyers, we know it is important for these individuals to seek experienced legal counsel. Not having the benefit of living nearby or even familiarity with the legal system can put defendants at a disadvantage. Florida has some of the country's strictest penal laws, and an arrest can quickly turn a trip into a nightmare, especially if the case is handled poorly from the outset. A good attorney can help guide you through the process - whether you're facing a misdemeanor or felony charge.

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April 4, 2014

Criminal Expungement in Florida an Option for Former Defendants

A criminal arrest can reverberate through so many areas of a person's life. A lapse of judgement in one's late teens or early 20s can hinder educational and occupational opportunities for many years thereafter.
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One way that our Daytona Beach criminal defense lawyers work to mitigate the impact is by seeking expungement of a client's criminal record. It's not an option for every case, but it's one that is worth exploring, particularly if several years have passed since the arrest.

It may seem unfair that records still exist, even in cases where charges were dropped or dismissed. However, the Florida legislature has determined that criminal history records must be public unless the record is sealed or expunged. That criminal history will exist regardless of whether you were convicted, acquitted, or have had the charges dismissed.

In today's world, where online court records, arrest records and even mug shots are available to anyone, far too many continue to experience discrimination or other negative consequences of a past brush with the law.

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March 22, 2014

Daytona Beach Criminal Defense Attorneys Rarely Advise Talking to Police

Anyone who has ever watched a crime show on television is probably familiar with "Miranda Rights." That is, a criminal defendant must be made aware that he or she has the right to remain silent, the right to speak to an attorney and the right to end a police interrogation at any time.
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You may have even heard that some cases have been tossed because confessions were gained without a subject first being given a Miranda warning.

But here's what you may not realize: If you aren't formally under arrest, the officer is under no obligation to read you these rights. You may not realize that you aren't under arrest. It could feel very much like you are "in custody," even when you are technically free to go. If you don't ask to leave, the officer is under no obligation to tell you that you may. Or, you may not even realize you are being interrogated. It may seem more like a friendly conversation. Although the officer won't necessarily tell you this, the statements you make are absolutely admissible in court, and may be used against you.

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March 12, 2014

Florida Guilty Plea Limits Appeals Options

A former information technology specialist is facing up to 30 years in prison after pleading guilty to six counts of possession of child pornography in Daytona Beach.
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According to WNDB News1150, the 34-year-old faces five years in prison for each count. He had originally been charged with 20 counts. Authorities agreed to drop 14 of the other charges in exchange for his guilty plea on six.

Our Daytona Beach criminal defense attorneys know that sometimes when defendants are facing extremely serious felony charges, accepting the prosecution's offer for lesser time in exchange for some kind of guilty plea could make sense. But that all depends on the amount of evidence in the case. As well as a host of other factors. A defendant should never feel bullied or pressured into agreeing to a plea bargain. It's not a decision that should be made under duress.

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February 26, 2014

Lesser-Included Offenses & Daytona Beach Criminal Defense

A California man may have lost the chance to avoid a child molestation conviction because his trial lawyer failed to ask for the jury to consider a lesser crime.

The case points out the necessity of having an experienced defense lawyer by your side at trial. Our Daytona Beach criminal defense lawyers know these lesser-included offenses often make a critical difference when it comes to sentencing.
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February 18, 2014

Daytona Defense Lawyers: The Flaws of Inevitable Discovery

The rights of each and every criminal defendant in this country are shielded by numerous laws aimed at ensuring due process and fairness throughout criminal proceedings.
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However, there are ways prosecutors will attempt to skirt these requirements. The inevitable discovery doctrine is a common instance. This is the doctrine that holds that certain evidence pointing to a defendant's guilt, which might otherwise be inadmissible in court under the exclusionary rule, can be admitted if prosecutors can show that, based on a preponderance of the evidence, a routine police investigation would likely have led to the discovery of the evidence.

Police might call it "inevitable," but our criminal defense attorneys in Daytona Beach would argue that there are a great number of "what-ifs" in these scenarios.

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January 30, 2014

United States v. Breton and Marital Communications Privilege

Defendants in felony cases must be exceedingly careful about whom they speak with in the midst of an ongoing criminal investigation.
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This obviously includes law enforcement officers, acquaintances and even close friends. Our Daytona Beach criminal defense lawyers advise, however, that it should also include relatives - even spouses, parents and children.

Criminal investigations have a way of intimidating people, including those who might otherwise protect you. Secondly, there is nothing to say that officers wouldn't be recording or following your communications secretly as part of the investigation. And finally, even in relationships like marriage that enjoy a special privilege with regard to communication, you can't always assume that your spouse will shield you. And, in any case, the marital communications privilege is not limitless.

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January 20, 2014

Experienced Juvenile Criminal Defense Vital for Teens Nearing 18

Is your teen in serious trouble with the law? If so, you need to understand that Florida prosecutors have a wide range of options in charging your child, particularly if they are about to turn 18.

Our Daytona Beach criminal defense lawyers understand the complexities of juvenile law regarding teens entering adulthood.
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Florida law generally defines a "juvenile" as someone under the age of 18. Criminal offenses committed by juveniles are usually handled within the juvenile court system, which is a good thing for defendants because juvenile courts tend to be more concerned with rehabilitation than punishment.

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December 30, 2013

Daytona Beach DUI Defense & Field Sobriety Tests

A recent survey by Mothers Against Drunk Driving revealed that almost 75 percent of over-21 adults reported being at an event where they witnessed someone attempting to leave after consuming too much alcohol. coldbeerglassonwhite2.jpg

End-of-the-year holiday parties can make it easy to get carried away, and unfortunately, it's not always easy to recognize your limits.

If you get pulled over though, you should at least know your rights.

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December 27, 2013

Florida Credit Card Fraud Arrests Spike

As Target Corp. is working feverishly to reassure customers in the wake of a massive security breach that compromised some 40 million credit and debit card accounts at the height of the holiday spending season, it's an appropriate time to discuss penalties for fraud. creditcard3.jpg

Florida is routinely among the states with the most arrests and reports for both fraud and computer-related crime.

Our Daytona Beach defense attorneys know that while this level of breach was unprecedented, credit card fraud is a daily occurrence in Florida. Just as individuals have gotten increasingly creative in terms of how the schemes are carried out, Florida authorities have focused on enforcement and the consequences of conviction.

Per Florida Statute 817.61, fraudulent use of a credit card twice or more to rack up more than $100 worth of goods or services is a third-degree felony, punishable by up to five years in prison. (Less than $100 in charges over a six-month period is a first-degree misdemeanor, punishable by up to one year in jail.)

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December 20, 2013

Daytona Traffic Arrest Could Make You a Felon

Most people recognize that drinking and driving in Florida can have serious repercussions, up to and including a jail, or even prison for habitual offenders or in cases where someone is seriously hurt or killed.
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However, sometimes clients are stunned to find themselves facing felony charges for traffic offenses that occur when they haven't consumed a single drop of alcohol.

The recent arrest of a commercial driver out of Miami is a good example. The former charter bus driver was behind the wheel when the vehicle slammed into an overpass at Miami International Airport in December 2012, killing three people and injuring several others. Following an extensive investigation, he now faces three felony counts of vehicular homicide and reckless driving.

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December 5, 2013

Sex Assault Allegations Leave Young Men Vulnerable to Arrest in Datyona Beach

Sexual assault allegations against Florida State's star quarterback, Jameis Winston, a Heisman Trophy hopeful, have cast a pall over excitement regarding the player's incredible season. stampoffinger3.jpg

While there is little doubt that a sexual encounter occurred almost a year ago - police reportedly found Winston's DNA on the alleged victim's underwear - the two sides vehemently disagree about the nature of that encounter. The young woman, a fellow FSU student, says it was rape. Winston maintains it was consensual.

While police have yet to file formal charges (the case remains under investigation), such allegations are becoming alarmingly commonplace on college campuses in Florida and throughout the country.

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November 25, 2013

Daytona Beach DUI Checkpoint Defense

DUI Checkpoints (sometimes called sobriety checkpoints) are not always properly executed by law enforcement officers. Checkpoints often appear on busy roads on days and nights that drinking and driving is anticipated by law enforcement.

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Our Daytona Beach DUI Defense lawyers know that not all DUI checkpoints are legally executed and that law enforcement officers sometimes break the rules when they conduct stops.


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November 21, 2013

Domestic Violence Arrests & the Thanksgiving Holiday

Although the holidays are supposed to be quality family time, instances of domestic violence increase dramatically around the Thanksgiving holiday and the holiday season overall.

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Our Daytona Beach defense lawyers know husbands and boyfriends in these cases are too often guilty until proven innocent. Temporary protection orders and other consequences of an arrest can quickly lead to significant legal trouble.

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October 15, 2013

Florida "Grand Theft" Heist Considered a Robbery

A couple arrested for robbery in Florida is accused of heisting the video game "Grand Theft Auto" from a mentally challenged man as he left the game store, shortly after making his purchase.
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According to the police incident report, the alleged victim had just bought the game and was crossing a fast food restaurant parking lot to get to work when he was accosted by the two suspects. The two physically attacked him, kicking and punching him to obtain possession of his new game. After they were successful, the two jumped back into a vehicle and drove away.

While the theft of a video game may not ordinarily be considered a serious crime, the manner in which it was carried out boosts it to the level of second-degree felony. In this case, the petty theft of "Grand Theft" was actually a robbery, carrying a possible sentence here of up to 15 years in prison.

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