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Platt Hopwood Russell & Cole PLLC Serving Brevard County and Florida's Space Coast Region
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June 2015 Archives

1984 crime law deemed by Supreme Court to contain vague language

Although Florida officials may take a tough stance on crime, those facing legal action are entitled to proper interpretation of the laws used to make decisions about their cases. Vague language can create confusion as officials in different jurisdictions make different decisions based on their unique perspectives. This concern has even affected the Supreme Court of the United States in recent years as the Armed Career Criminal Act, a 1984 federal law, has led to challenges in interpreting a vague phrase. In fact, Justice Alito was the only dissenting vote in the 8-1 decision that deemed the phrase to be unconstitutional because of its vagueness.

Alimony

Title VI Chapter 61.08 in the Florida Statues details alimony awarded in a divorce, including the types of alimony and the factors the court takes into consideration when awarding alimony. An online copy of this statue can be found here.

Using the insanity defense in Florida

Florida residents may remember the event that occurred in July 2012 when a man opened fire in a Colorado movie theater and killed 12 people. His defense team is attempting to use the insanity defense at his trial. If he is found not guilty by reason of insanity, he would be sent to a mental health facility until he is no longer thought of as a danger to society. However, it is possible that he would stay there for the rest of his life.

Personal Injury Protection Insurance

Florida is among one of the twelve states plus Puerto Rico to have Personal Injury Protection (no fault or PIP) auto insurance. According to the Florida Office of Insurance Regulation the mandatory PIP insurance law was passed with intentions to expedite the process of paying injured driver's medical bills. With PIP insurance injured drivers are able to access $10,000 in immediate medical coverage rather than taking the case to court and only receiving payment after fault was established. In addition, this law will help reduce the number of cases waiting for their trial in the Florida Court System.

Teenage son of Canadian diplomat may face charges

A 15-year-old boy in Florida whose mother is a Canadian diplomat may face criminal charges following his alleged involvement in a drug deal that went wrong and left two people dead including the boy's 17-year-old brother. The other dead individual was a 17-year-old suspected of dealing drugs.

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