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Criminal Defense Archives

Cyberbullying: A real crime with real consequences

Cyberbullying is a very real concern that affects the health and safety of every young person on the internet. The mistreatment and harassment of others in chat rooms, through private messaging and on social media platforms is now a major public health concern, and, as a result, new statutes in Florida can bring strict penalties to students convicted of this type of criminal activity.

What is the difference between murder and manslaughter?

Someone died violently and police believe that you killed him or her. When police arrested you, they told you that you face charges of either murder or manslaughter. Your fear of not knowing what happens next increases dramatically due to not understanding what you could be facing.

States including Florida pass marijuana legislation on Election Day

With the new election results, many changes are coming nationwide. Not only is the country getting a new president, but several states passed legislation to allow the recreational usage of marijuana, and several approved or loosened restrictions on medical marijuana, including Florida. It's a move that's a boon for pro-marijuana legalization groups and for those who support decriminalization of marijuana usage and possession.

Hit and Run Accidents

  • The driver is always required to stop either at the scene of the accident or, if that is not safe, as close as safely possible.
  • If the accident results in bodily or property damage each driver is required to provide the other drivers with their name, address, and the registration number of their vehicle. They must also provide their license to the other drivers if asked. Additionally, if someone was injured in the crash the others involved must provide him or her with reasonable assistance in traveling to medical assistance.
  • In the event that there is no other driver available to give the above-mentioned information to, then this information must be given to the nearest police officer.
  • Anyone involved in an accident with property where the owner is not present, they must leave a note, securely and in plain sight with the driver's contact information. The driver must also notify the nearest police officer or law enforcement agency of the crash.

What are the possible penalties of a hit and run conviction?

AAA study says marijuana impairment tests flawed

As marijuana is legalized in more and more states, Florida residents may wonder what methods law enforcement officers will use to determine if drivers are impaired by the drug. Currently, six states have marijuana tests for drivers, but, according to a study by AAA, those tests have no scientific basis and should be scrapped.

DUI on a Bicycle

It is commonly known that driving a car while under the influence of drugs and alcohol is illegal and dangerous. What about operating other types of vehicles while under the influence of drugs or alcohol? It is commonly thought that riding your bike home from a night of drinking is an easy and safe way to avoid harm and a DUI arrest. However, Florida is one of five states that have statues considering a bicycle a vehicle. Because of these statues Florida considers biking under the influence a crime. If your ability to drive is impaired, whether you are operating a motorized vehicle or a non-motorized vehicle, you are at risk for a DUI arrest.

Record number of prisoners exonerated in 2015

Florida residents are likely familiar with cases involving innocent individuals who were freed from prison after spending years behind bars. These wrongly-convicted individuals are usually exonerated when new evidence emerges or witnesses change their stories, but they are sometimes released after prosecutors have conducted reviews of their questionable cases. A National Registry of Exonerations report released on Feb. 3 revealed that 149 prisoners were exonerated in 2015, and the researchers gave much of the credit for this record figure to prosecutors who have established conviction integrity units.

How to Handle a Traffic Stop

If you are pulled over for a traffic stop you have nothing to fear, in fact it is the police officer that may be fearful because they never know what situation they are walking into. A police officer may pull you over for any traffic violation, no matter how minor. If you are ever pulled over, do not fight with the police or disrespect the officer, it will worsen your situation and ruin both your day and the officer's. 

Dangers of Social Media During a Lawsuit

Social media seems to run into every aspect of modern lives with the rise in mobile technology and social sites such as Facebook and Instagram. These social media sites are often utilized as fun tools to reconnect with old friends or keep in touch with current ones. However, lurking behind the fun of social media is great potential to damage your case in a divorce, custody or alimony battle. The opposing party may use your statuses, posts and photos as evidence in trial. If you are going through a legal battle stop and think before you post or before you allow someone to tag you in a post, "If a judge saw this post or photograph and nothing else, would this harm, benefit or have a neutral impact on my case?"

U.S. to increase prosecutions for workplace safety violations

On Dec. 17, the U.S. Department of Justice and the U.S. Department of Labor issued a memorandum announcing the government's intention to more vigorously and cohesively prosecute workplace safety crimes in Florida and nationwide. The effort is expected to increase investigations into safety violations by employers, particularly when worker fatalities are involved.