Criminal DefenseWhat Happens at a VOP Hearing in West Palm Beach, Florida?
You may have missed an appointment with your probation officer, failed a drug test, fallen behind on required payments, or been accused of committing a new crime. Now you’ve learned that you could be facing a violation of probation (VOP), and your biggest question may be what happens next.
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Criminal DefenseFelony vs. Misdemeanor Charges in West Palm Beach, FL: What's the Difference?
Imagine receiving a call that a family member has been arrested in West Palm Beach. Knowing the difference between a felony and a misdemeanor — and how each can affect your loved one's future — matters.
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Criminal DefenseWhat Are the Possible Penalties for Aggravated Battery in West Palm Beach, FL?
You got into something that's now bigger than you expected, and now you’re facing an aggravated battery charge. You're not panicking, but you're not…
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AssaultHow Long Can You Go to Jail for Assault in West Palm Beach, Florida?
One moment you're in the middle of a confrontation. The next, you're under arrest, and suddenly you're staring down criminal charges you never saw coming. If you're…
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Criminal DefenseDefense Strategies for Sexual Assault Charges in West Palm Beach, Florida
Facing a sexual assault charge in West Palm Beach puts you in one of the most difficult positions a person can be in. You may be dealing with confusion, fear, and…
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Criminal DefenseHow Long Does a Felony Charge Stay on Your Record in West Palm Beach, Florida?
“ How long does a felony charge stay on your record ?” You're probably asking this question because something already happened. Maybe you were arrested. Maybe…
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Criminal DefenseBurglary vs. Robbery in West Palm Beach, Florida: What Are the Differences?
If you or a family member is facing criminal charges in West Palm Beach, FL, the wording of the charge matters more than you might realize. Being accused of…
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Criminal DefenseHow to Prepare for a DUI Court Hearing in West Palm Beach, Florida
If your DUI court date is approaching in West Palm Beach, you may be trying to sort through what the next few weeks look like, even if you’ve already hired a…
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Criminal DefenseWhat Are the Penalties for Assaulting a Police Officer in West Palm Beach, FL?
When an argument with a police officer turns into an arrest, it can happen before you fully process what is going on. You may have been trying to explain yourself,…
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Criminal DefenseHow to Beat a DUI Charge in West Palm Beach, Florida
A DUI charge in West Palm Beach often starts with an unexpected traffic stop that turns into something far more serious than you anticipated. In the hours after the…
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Criminal DefenseUnderstanding the Open Container Law in FL
You and your spouse finish dinner at a local Florida restaurant, sharing a quiet meal and a glass of wine. When the server offers to re-cork the remaining wine so…
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Criminal DefenseCan a Breathalyzer Detect Weed in West Palm Beach, Florida?
You’re driving through West Palm Beach when blue lights flash in your rearview mirror. Maybe you rolled through a stop sign, had a taillight out, or swerved…
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Bail & Bond ServicesCan You Get Bail Money Back in West Palm Beach, Florida?
It’s the middle of the night in West Palm Beach. Your phone rings, and the last thing you expect to hear is that your loved one has been arrested. At the jail,…
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Criminal DefenseIs Your License Suspended Immediately After a DUI in West Palm Beach, Florida?
You knew you shouldn’t have driven that night. But now the flashing lights are behind you, and everything is moving fast. You’ve been arrested for driving under the…
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Criminal DefenseWhat Does Nolle Prosequi Mean and How Will It Affect Your Criminal Case in Florida?
When you’re caught up in the criminal justice system in Florida, every court date, police report, and legal term can feel overwhelming. If you’ve been facing…
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Criminal DefenseHow Long Does a Warrant Last in Florida?
Maybe you found out during a background check. Maybe an officer showed up at your door. However you learned about it, seeing that there’s a warrant out in your name…
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Criminal DefenseWhat Is the Penalty for 3rd Degree Felony in West Palm Beach, FL?
You may not have seen it coming. Maybe it started with a misunderstanding, a heated moment, or a routine traffic stop that turned into something much bigger. Now…
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Criminal DefenseWhat Is Double Jeopardy in Florida?
If you’ve seen the 1999 movie Double Jeopardy , you might remember Ashley Judd’s character believing she could kill her husband without facing legal consequences…
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Criminal DefenseWhat You Need to Know About the Stand Your Ground Law in the State of Florida
You’re walking to your car late at night, and suddenly, a stranger steps into your path. In that moment, your heart races as you instinctively wonder how to…
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Criminal DefenseWhat Is Reasonable Articulable Suspicion in Florida?
You're driving home late one night after a long shift at work. Suddenly, blue lights flash in your rearview mirror. Your heart races as you pull over, wondering why…
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Criminal DefenseWhat Does Released on Own Recognizance (ROR) Mean in Florida?
An arrest in Florida, regardless of the circumstances, can be a stressful and confusing experience. Suddenly facing the legal system, you may be unsure of your…
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Criminal DefenseHow Long Can You Be Detained by Police Officers in Florida?
Ever gotten pulled over and felt like your "quick chat" with a police officer stretched into an eternity? You're not alone. Thousands of Floridians experience legal…
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Criminal DefenseHow to Prove Innocence When Falsely Accused in Florida: 5 Effective Strategies
Imagine facing the nightmare of being falsely accused of a crime you didn't commit. Your world is shattered, your reputation tarnished, and your future hangs in the…
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Criminal Defense5 Alternatives to Jail Time in Florida
Jail time can be a challenging experience, even for those in the limelight. Take, for instance, Tiger Woods . After a DUI arrest, rather than facing the inside of a…
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Criminal DefenseWhat Is the Difference Between Detained and Arrested in Florida?
Have you ever wondered about your rights if you're stopped by law enforcement in Florida? The difference between being detained and arrested can sometimes feel like…
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BatteryHave You Been Arrested for Domestic Battery in Florida? An Experienced Criminal Defense Attorney Shares 7 Things You Need to Know
Domestic battery is a serious offense under Florida criminal law. Persons convicted of domestic battery may face incarceration, a tarnished reputation, significant…
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Criminal DefenseHow Social Media Can Harm Your South Florida Criminal Defense Case
If you've been charged with a crime, you probably know that you must be careful about who you interact with and how you behave leading up to your trial. Still, many…
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Criminal DefenseAn Experienced Florida Criminal Defense Attorney Explains the Difference Between Federal Crimes and State Crimes
What makes federal and state crimes different? Not many Americans know the answer to this question, but knowing the difference is vital if you face criminal…
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Criminal Defense7 Qualities to Look For in a Florida Criminal Defense Lawyer
If you find yourself seeking the services of a criminal defense lawyer in Florida, you might be overwhelmed by the sheer number of choices. Every criminal law firm…
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Criminal DefenseBurglary and Property Crimes in the State of Florida
Definition of Burglary The definition of burglary of a dwelling. Structure or conveyance is contained in Section 810.02, Florida Statutes. Under the law, a burglary…
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Criminal DefenseUnderstanding Florida’s Asset Forfeiture Law and Criminal Cases
Suppose a person possesses property tied to illegal activity, such as property to commit crimes or vehicles to transport narcotics or stolen goods? In that case,…
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Criminal DefenseWhy You Need an Experienced Defense Attorney if You Are Charged With Animal Cruelty
If you abuse or neglect an animal in Florida, you can be charged with a crime. Cruelty to animals is illegal in Florida. Neglect includes abandonment and locking up…
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Criminal DefenseVehicular Homicide and Florida Law
Vehicular Homicide and Florida Law Negligent driving is far different than criminal driving in the eyes of the law. Careless driving subjects a person to civil…
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Criminal DefenseFlorida’s Trespassing Laws
Aggressive Representation for Your Trespassing Charge It is a criminal offense to enter or remain on another person's property without permission, under Florida law…
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Criminal DefenseRoutine Traffic Stops, Your Rights, and Florida Law
Routine traffic stops are sometimes necessary as law enforcement officials keep our roads safe. They pull over drivers who do not comply with the road. Law…
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Criminal DefenseThe 411 on Florida’s Traffic Laws and Highway Safety
The 411 on Florida’s Traffic Laws and Highway Safety A theft conviction can have serious consequences. Prison times, fines, and a criminal record are some of the…
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Criminal DefenseWhat Are Florida’s Stalking Laws? - Stalkers Beware
Stalking is a criminal offense in every state and a serious offense in Florida. Stalking involves invading another’s privacy and instilling fear in them. Those…
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Criminal DefenseFlorida’s Sentencing Guidelines for Misdemeanors and Felonies
Crimes have been committed for as long as Florida has been a state. The judicial discretion in sentencing had wide boundaries and sentences for similar crimes…
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Criminal DefenseKnow What Florida’s Stand Your Ground Law and Self-Defense Mean
Florida Statute 776.012 (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person…
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Criminal DefenseFlorida Search Warrants - Understanding Your Rights
Search Warrants A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location,…
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Criminal DefenseWhat is a Legal Search and Seizure in the State of Florida?
Searches Individuals are protected and are guaranteed a reasonable expectation of privacy under Florida and Federal law. Law enforcement must obtain a search…
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Criminal DefenseWhat Every Citizen Needs to Know About Traffic Stops
Routine traffic stops are more common than you think. Drivers should understand some things that can help them eliminate contact with law enforcement, so they are…
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Criminal DefenseThe Racketeering Influenced and Corrupt Organizations Act aka RICO
The RICO Act The RICO act is a federal law designed to combat organized crime was passed in 1970. This law allows for civil penalties for racketeering activity,…
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Criminal DefenseEverything You Need to Know About the Pretrial Intervention Program
What is a Pretrial Intervention? Pretrial intervention is a program run by your State Attorney’s Office. The state will consider sending minor, non-violent cases to…
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Criminal DefenseShould You Consent to a Search of Your Car by Florida Police Officers?
Police Searches Have you ever been pulled over by a police officer? It can be an intimidating scenario. Imagine the officer explaining that you have been pulled…
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Criminal DefenseEverything You Need to Know About Police Interrogations in Florida
Police Interrogations Interrogation is one tactic law enforcement uses to obtain confessions from people they suspect have committed a crime. Police will question…
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Criminal DefenseMistaken Eyewitness Identification is Common - Ways to Prevent It
Mistaken Eyewitness Identification Did you know that over 75% of cases overturned through DNA testing involved eyewitness error? Mistaken eyewitness identifications…
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Criminal DefenseThe American Judicial System and Jury Selection
America’s Judicial System The American Judicial System is a federal system with individual governments in each of the fifty states and the federal government at the…
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Criminal DefenseUnderstanding Florida’s Search and Seizure Law
Search and Seizure The Fourth Amendment to the United States of America states that Americans are constitutionally protected from unreasonable searches and seizures…
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Criminal DefenseAdmissible Evidence: The Rules About Which Types are Admissible in Court
Evidence Evidence is facts and information gathered to indicate that a belief is true. In legal terms, admissible evidence presented is crucial and admitted into…
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Criminal DefenseThe Issues and Penalties of Eluding Law Enforcement
Eluding Law Enforcement We have all seen car chases on TV - we watch in suspense as we wonder if the driver will get away or if the cops will catch up and arrest…
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Criminal DefenseRoutine Traffic Stops; Do I Have to Show My ID? What You Need to Know About Routine Traffic Stops.
What are Your Rights and Responsibilities During Routine Traffic Stops? It is common knowledge that Florida law requires all drivers in the state to have a valid…
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Criminal DefenseThe 5th Amendment; The Double Jeopardy Clause and How it Works
What is Double Jeopardy? Double Jeopardy shares its name with a game show, but, it is no game. The term double jeopardy has been around since 1905. Double jeopardy…
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Criminal DefenseWhat is Culpable Negligence and What Are Its Penalties in Accordance With Florida Law?
Culpable Negligence Negligence happens every day in Florida as a result of another person failing to fix, clean or care for something that may cause injury to…
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Criminal DefenseConfessions: Are They Always Admissible in Court or Can They Be Thrown Out?
Confession Defined: Confessions are out-of-court statements made by a suspect in which he or she voluntarily, knowingly and intelligently acknowledges that he or…
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Criminal DefenseChild Abuse and How Ronald S. Chapman Can Help
Child Abuse and How Ronald S. Chapman Can Help What Constitutes a Child Abuse Charge? Child abuse is defined as a willful or threatened act resulting in physical,…
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Criminal DefenseBurglary, Florida Law and How Ron Chapman Can Help
Burglary Burglary, Florida Laws. Burglary is when a person enters or remains in a dwelling or structure with the intent to commit a criminal offense inside or…
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Criminal DefenseAnimal Abuse and Florida Law
Animal Abuse and Florida Law Cruelty to animals, also called animal abuse or animal neglect, is both the unintentional ( animal neglect ) and the intentional…
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Criminal DefenseThe Death Penalty and Florida Law
The Death Penalty and Florida Law Florida is known as the sunshine state, so when one hears the word Florida, they think sun, sand and Disney World. Therefore, many…
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Criminal DefenseAre Police Allowed to Search Your Computer or Cell Phone?
Are the Police Allowed to Search Your Computer or Cell Phone Without a Warrant? Can police search your cell phone or computer? Since your computer and cell phone…
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Arizona Sheriff Could Be Facing Criminal Charges
It isn’t often that you see a federal judge asking a federal prosecutor to file criminal charges against a sitting sheriff, but according to the following CNN…
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Florida Paramedics Facing Criminal Charges for Taking Selfies with Unconscious Patients
The following article from the Washington Post is about two paramedics in Florida who are facing criminal charges after taking selfies with unconscious patients. To…
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Woman Posts a Video of her Fiancé Dying Just Moments After He Was Shot by a Police Officer
CNN posted the following shocking story about a woman in Minnesota actually narrating her fiancé’s death on Facebook from her cell phone just moments after he was…
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Ron Chapman in the News | West Palm Beach Defense Attorney
With all the news circulating around the most deadly mass shooting in modern U.S. history, a lot of questions and issues have been raised about how the FBI…
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Be Careful What You Say on Facebook - Especially If You’re a Prosecutor
If you're a prosecutor on Facebook, some posts may have consequences. CNN recently reported the following story about a Florida prosecutor who made statements on…
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A Free Market May Kill the Death Penalty in Florida
The death penalty has been a long contested issue in Florida. Now with the new restrictions on the ability to buy lethal drugs, how will the correctional…
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Traffic Stop | How Long Can the Police Hold You?
During a West Palm Beach traffic stop you may stopped for what seems like a long time to you. The West Palm Beach Police or Sheriff’s office may require that you…
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Who Can the Police Detain in a Traffic Stop?
Can the police detain a car passenger even if that’s not the reason they were pulled over? Several Florida courts have said that the police are not allowed to…
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Who Can the Police Detain in a Traffic Stop?
Can the police detain a car passenger even if that’s not the reason they were pulled over? Several Florida courts have said that the police are not allowed to…
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Be Careful Who You Send Text Messages To
It’s important to be careful who you are sending text messages to. Even if they are deleted, there is still a chance those messages could be recovered. Consider the…
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What is the Best Evidence Rule?
How Can the “Best Evidence Rule” Help You in Your Case? If you have a court case in West Palm Beach, it’s important to know of the best evidence rule and how it can…
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It's Important Your Lawyer Thoroughly Investigates Your Case
If you have been charged with a crime in West Palm Beach, it is not enough to simply hire a lawyer to represent you when you go to court. Your lawyer has to…
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Be Careful What You Say to a Judge
If you have to make a court appearance in West Palm Beach, it is important to know how to act when you’re in the courtroom and what’s appropriate to say. Florida…
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FBI Threatens the Security of Your Smartphone
Your Smartphone May be Less Secure if the FBI Gets Its Way A federal judge in California has ordered Apple to increase its efforts to help the FBI search the locked…
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Can the Police Listen to my Phone Calls While I’m in Jail?
If you have been incarcerated, you may be wondering how private your phone calls are. Be careful when talking on the phone if you are in jail. You don’t know who…
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What Are My Rights at Airports and Borders?
Are you traveling from Florida anytime soon? Will you be at the Palm Beach International Airport ? Do you know what your rights are? It’s important to know your…
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When Can the Police Search My Home or Office? | West Palm Beach | Criminal Defense Attorney
When it comes to police home or office searches in Florida , a lot of people have questions and concerns regarding the legality of the searches and what their…
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What Are My Rights If I Am Stopped Or Arrested By a Police Officer?
When you are stopped by a Florida police officer , you may have many questions regarding your rights during the police interaction. Whether it is a traffic stop or…
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Do You Have to Answer a Police Officer’s Questions?
In the event that you are dealing with a Florida police officer, it is a common question, do you have to answer all of their questions? Depends on a number of…
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Can the Police Search Your Car Without a Warrant in Florida?
During traffic stops in Florida, it is sometimes the case that police officers will request to search your vehicle. Or perhaps if some crime was committed, FL…
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Huffington Post Article About Colorado Shooter Analysis
The Huffington Post published the following article about the man who was arrested for the Planned Parenthood killing spree in Colorado Springs this past Friday: A…
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StingRays and Search Warrants
The following article appeared in Vice News on August 25, 2015: "Law enforcement's secretive and often-times warrantless use of the cellphone tracking device known…
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Asset Forfeiture Laws
The following article appeared on the website fourthamendment.com on May 12, 2015: Joseph Rivers was hoping to hit it big. According to the Albuquerque Journal ,…
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Evidence Suppressed Where Police Entered Home Without a Search Warrant
In the federal case of United States v. Harris, police officers entered the accused person's home without a search warrant in order to look for another person.…
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West Palm Beach Judge May Soon Throw Out Red Light Tickets
Last month I published an article about a recent case in which an appeals court ruled that it is illegal for a private company to issue traffic tickets to people…
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Prosecutors and the Criminal-Justice System
People who are not familiar with the criminal-justice system often tend to believe that the most powerful person in the courtroom is the judge. But that is not…
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Private Companies Cannot Issue Traffic Tickets for Running a Red Light
In the case of the City of Hollywood versus Eric Arem , an appeals court ruled that it is illegal for a private company to issue traffic tickets to people for…
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Private Companies Cannot Issue Traffic Tickets for Running a Red Light
In the case of the City of Hollywood versus Eric Arem , an appeals court ruled that it is illegal for a private company to issue traffic tickets to people for…
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Mother's Convictions for Culpable Negligence Overturned on Appeal
In the case of Jennifer Kish versus the State of Florida , Ms. Kish was convicted of the crime of culpable negligence for allowing her three children--ages 10, 8,…
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Mother's Convictions for Culpable Negligence Overturned on Appeal
In the case of Jennifer Kish versus the State of Florida , Ms. Kish was convicted of the crime of culpable negligence for allowing her three children--ages 10, 8,…
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How to Avoid Mandatory Minimum Penalties in Federal Court
A "mandatory minimum penalty" refers to a federal law that requires a judge to sentence a person convicted of that law to a specified minimum term of imprisonment…
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82-Year-Old Man Not Guilty of Animal Cruelty
In the case of Hume Hamilton versus the State of Florida , Mr. Hamiton was an 82-year-old man who was out walking his dog on a leash when a cat got too close to the…
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The Police Need a Search Warrant to Obtain Information About the Location of Your Cell Phone
In the case of the United States versus Quartavious Davis , Mr. Davis was convicted of several armed robberies that occurred at different times and in several…
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The Police Need a Warrant to Search Your Cell Phone
In the case of Riley versus California , the United States Supreme Court ruled that the police generally may not, without a warrant, search the contents of a cell…
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Why did a Judge Deny a Fire Fighter's Request to Have His Record Sealed?
On my website Florida Criminal Records: Frequently Asked Questions , I just wrote an article entitled "Why Was a Fire Fighter's Request to Seal His Record Denied?"…
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Trespass and Stolen Cars
In the case of D.L. v. the State of Florida , a juvenile with the initials "D.L." was convicted of the crime of trespass to an automobile. The facts of this case…
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Sending Child Pornography From Your Cell Phone to Your Computer is Not Necessarily a Crime
In the case of the United States versus Michael Grzybowicz , Mr. Grzybowicz was charged with, among other things, committing the federal crime of distributing child…
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Even the Police Can Rely Upon the Stand-Your-Ground Law
In the case of Brad Heilman versus the State of Florida , Heilman was a correctional officer employed by the Florida Department of Corrections who worked at the…
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Not Enough Evidence for Stalking Injunction
In the case of Kevin Touhey versus Frank Seda , a judge issued an injunction for protection against stalking based on the following facts: Mr. Seda filed a sworn…
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The Police Have to Get a Search Warrant Before Looking at the Contents of Your Cell Phone
In the case of Cedric Smallwood versus the State of Florida , Mr. Smallwood was arrested for robbing a convenience store. Following his arrest, the police seized a…
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Inextricably Intertwined Evidence
Prosecutor's often use something called "inextricably intertwined" evidence. For example, if someone charged with the crime of rape steals jewelry from…
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You're Allowed to Question a Witness About the Fact that He's a Liar
In the case of the United States versus Jorge Cedeno , the trial judge prevented Cedeno’s lawyer from questioning a detective about the fact that he had lied…
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You Have the Right to Face Your Accuser When Charged with the Crime of Making a False Statement in a Passport Application
In the federal case of the United States of America versus Napoleon Bustamante , Mr. Bustamante was convicted of illegally reentering the United States, making a…
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Your Consent to Search Has Its Limits
The facts in the case of Huey Lee Oldham versus the State of Florida are as follows: Deputies from the Hillsborough County Sheriff's Office went to Mr. Oldham's…
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What Happens if the Police Arrive at Your Friend's Home Just as You are Leaving?
In the recent United States Supreme Court case of Chunon Bailey versus the United States , the facts were as follows: While police were preparing to execute a…
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Can a Judge Refuse to Seal Your Record Without Providing a Valid Reason?
Can a judge refuse to seal your criminal record without providing a valid reason for doing so? In an article that I just published on my criminal records website ,…
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When Can You Be Strip Searched in Florida?
When can the police strip search you in Florida? If you are interested in finding out the answer to this question, please see my article on my…
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Will George Zimmerman Actually Stand Trial for Killing Trayvon Martin?
Since it was reported that George Zimmerman killed Trayvon Martin, the media has talked a lot about Florida's Stand Your Ground law . But what does that law…
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9 Ways to Prevent An Eyewitness from Misidentifying an Innocent Person
In the case of State of New Jersey versus Larry Henderson , the New Jersey Supreme Court found that observing the following nine things may help prevent an…
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GPS Tracking Devices, Search Warrants, and Your Car
In the case of the United States versus Antoine Jones , the U. S. Supreme Court answered the following question: Do the police have to get a valid search warrant…
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Words Alone are Sometimes Not Enough to Convict You of Disorderly Conduct
In the case of C.N. versus the State of Florida , a juvenile with the initials "C.N." was convicted of the crime of disorderly conduct based upon the…
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Changes in Florida's Clemency Law
Clemency has been defined as "the forgiveness of a crime or the cancellation (in whole or in part) of the penalty associated with it." I posted an article…
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Sealing Your Record
In the case of Wells versus the State of Florida , Kim Wells appealed a judge's decision denying her petition to expunge her criminal record without first holding a…
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Doctor Shopping and Unlawful Police Investigation
The facts in the case of the State of Florida versus Jeffrey Singming Sun are as follows: "A deputy arrested Jeffrey Sun's brother for driving under the…
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RICO Does Not Apply to Garden-Variety Criminal Activity
In the case of Kevin Jackson versus the State of Florida , Mr. Jackson was convicted of racketeering (more commonly known as RICO ), and conspiracy to commit…
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RICO Requires a Pattern of Racketeering Activity
The Racketeer Influenced and Corrupt Organizations Act , more commonly referred to as RICO, is a federal law that provides for criminal penalties for acts performed…
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What Evidence Is Needed to Convict Someone of Aggravated Fleeing or Attempting to Elude a Police Officer?
In the case of Casey Steil versus the State of Florida , Mr. Steil was convicted of the crime of aggravated fleeing or attempting to elude a police officer based on…
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RICO Indictments and the Importance of Distinguishing Between a "Person" and an "Enterprise"
In the case of United States of America versus Goldin Industries, Inc. , the Eleventh Circuit Court of Appeals reversed a RICO conviction because the indictment…
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RICO Indictments and the Importance of Distinguishing Between a "Person" and an "Enterprise"
In the case of United States of America versus Goldin Industries, Inc. , the Eleventh Circuit Court of Appeals reversed a RICO conviction because the indictment…
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Doctor Shopping and Your Obligation to Disclose Information About Previously-Obtained Prescriptions
Florida's doctor-shopping law states that it is illegal for any person "[t]o withhold information from a [doctor] from whom the person seeks to obtain a…
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How to Reduce the Cost of Florida's Prison System
A recent article by Will Hanlon, a Tampa criminal attorney , discusses a change to the sentencing process in Missouri's criminal courts which could come to Florida.…
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Eyewitness Identification and Expert Testimony
In a case from New York called People v. LeGrand , the issue was whether the trial judge was correct in refusing to admit expert testimony regarding the reliability…
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10 Privileged Communications Recognized by Florida Law
A privileged communication is a statement that you cannot be forced to disclose in a legal proceeding because it was made in connection with a legally-protected…
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How Long Do the Police Have to Wait to Question You if You Ask for an Attorney?
In the case of Edwards v. Arizona , the United States Supreme Court ruled that when the police question someone who is in custody and that person expresses a desire…
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Splitting a Child's Lip and Choking Him is Not Necessarily Child Abuse
In the case of State of Florida v. Figarola , Mr. Figarola was charged with child abuse because he struck his son Carlos twice for refusing to eat food which Mr.…
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A Spanking that Causes Bruises and Welts is Not Necessarily Child Abuse
In the case of King v. State of Florida , Mr. King, who was a school administrator, was charged with child abuse based on the following facts: "One of the…
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What Constitutes the Crime of Child Abuse in Florida?
In Florida, the crime of child abuse is defined as the: (a) Intentional infliction of physical or mental injury upon a child; (b) An intentional act that could…
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Sex Offender Restrictions Eased in Miami-Dade County
I frequently get calls and emails from people telling me how difficult it is for them or for a family member to comply with various sex-offender restrictions. Based…
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When Are the Police Not Allowed to Search Your Car?
I previously wrote an article on this website entitled "U.S. Supreme Court Modifies Search-Incident-to-Arrest Exception to Warrant Requirement" in which I discussed…
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How to Get Your Name Removed from Florida's Sex Offender List
One question that I am often asked is whether it is possible for someone to get his name removed from Florida's sex offender list and, if so, how? In an attempt to…
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Florida Search & Seizure Law
Recently, police here in Florida have been going to different pharmacies and obtaining copies of the pharmacy records of individuals suspected of doctor shopping .…
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IQ Tests Key in Palm Beach County Trial
The following article was published Monday, February 8th in the Palm Beach Post News , and was written by Susan Spencer-Wendel . It refers to one of my recent…
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The Manuel Tapes - Comments on Tom Manuel & Use of an Entrapment Defense
I am quoted in the following article which appeared February 7th in the St. Augustine Record and was written by Tiffany Pakkala . The Manuel Tapes He's guilty…
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When Are the Police Allowed to Search Your Home Without a Warrant?
In a recent case called Michigan v. Fisher , the United States Supreme Court ruled that a police officer may enter a home without a search warrant to render…
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Florida's New DNA Law: Is It Constitutional?
Earlier this month, Florida's governor, Charlie Crist , signed Senate Bill 2276 which permits the police to take a DNA sample from anyone who is merely arrested for…
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Rush Limbaugh's Pretrial Intervention Agreement
In 2006, political commentator Rush Limbaugh was charged with committing the crime of Withholding Information from a Practitioner . On May 1, 2006, Limbaugh entered…
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When is it Illegal to Search a Student?
In the case of New Jersey v. T.L.O. , the United States Supreme Court stated that "[u]nder ordinary circumstances, a search of a student by a school or other…
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When Does Police Trickery Cross the Line?
On March 4, 2008, I wrote an article on this blog entitled "Are the Police Allowed to Lie to Get You to Confess?" I answered that question by saying,…
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When is a Police Roadblock Illegal?
You have probably seen police roadblocks when you were out driving your car, and you may have even been stopped at one, but did you know that before the police are…
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How the FBI Misidentified a Suspected Terrorist Using Fingerprint Evidence
In May 2004, the Federal Bureau of Investigation (FBI) arrested Brandon Mayfield , a lawyer, as a material witness in an investigation of terrorist attacks on…
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What Can You Do When the Police Break the Law? Sometimes Nothing at All Says the U.S. Supreme Court
Earlier this year, the U.S. Supreme Court decided the case of Herring v. United States in which the issue presented was whether evidence found during a search…
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U.S. Supreme Court Modifies Search-Incident-to-Arrest Exception to Warrant Requirement
The United States Supreme Court has repeatedly stated that searches conducted by the police without first obtaining a search warrant are unlawful unless those…
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Federal Appeals Judge Declares Capital Punishment System to be Broken Beyond Repair
In the case of Wiles v. Bagley , Boyce F. Martin, Jr. , a judge on the United States Court of Appeals for the Sixth Circuit , stated that " [c]apital…
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When Does the Government Cross the Line Between Trapping an Unwary Innocent Person Versus Trapping an Unwary Criminal?
In the case of Jacobson v. United States , the U.S. Supreme Court reversed the conviction of Mr. Jacobson after finding that agents of the federal government…
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When Does the Government Cross the Line Between Trapping an Unwary Innocent Person Versus Trapping an Unwary Criminal?
In the case of Jacobson v. United States , the U.S. Supreme Court reversed the conviction of Mr. Jacobson after finding that agents of the federal government…
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Racial Prejudice in the Criminal Justice System
In spite of all the progress that has been made during the last several decades in the area of race relations in the United States, a recent study suggests that…
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Heat of Passion is a Recognized Defense to the Charge of Murder in Florida
In the courts of Florida, heat of passion is recognized as a defense to the crimes of first and second-degree murder . Heat of passion is a mental state provoked by…
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3 Reasons to Be Careful About Admitting Guilt When Entering a Pretrial Diversion Program
On July 12, 2008, I wrote an article on this website entitled "How to Get a Criminal Charge Dropped" in which I discussed Florida's pretrial intervention…
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Man Falls to His Death After Being Tasered: See Video
On September 20, 2008, I posted an article on this site which contains a videotaped recording of a police officer repeatedly using a taser on a man who was sitting…
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Former West Palm Beach Mayor Nancy Graham Facing Criminal Charges
During the 1990's, many people credited the revitalization of downtown West Palm Beach, Florida to then-Mayor Nancy Graham . Graham's fortune has changed for the…
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Be Careful About Where You Leave Your Trash!
If you think that the police cannot search your trash simply because you put it into your garbage can and place it in front of your home to be picked up by trash…
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So What If the Police Knock Down Your Door!
Florida statute section 933.09 --sometimes called Florida's version of the so-called knock-and-announce rule--states that a police officer "may break open any…
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U.S. Supreme Court Gives Police More Authority to Search People
In the recent case of Virginia v. Moore , the United States Supreme Court ruled that the police did not violate the fourth amendment's prohibition against…
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Philadelphia Police Caught on Tape Beating Suspects
Just in case you thought that police beatings stopped with Rodney King, check out this videotape recording which shows numerous Philadelphia police officers pulling…
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The Florida Legislature Rejects the Mandatory Recording of Police Interrogations
On December 8, 2007, I posted a blog entitled "Police Interrogations Should Always Be Tape Recorded." Around that same time, an article appeared in the…
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Are the Police Allowed to Lie to Get You to Confess?
The answer is yes, the police are allowed to lie to you to get you to confess. The law in Florida is that the use of tricks or factual misstatements by the police…
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Being Handcuffed by the Police Doesn't Necessarily Mean You're Under Arrest
Just because the police handcuff you does not necessarily mean you're under arrest. That's what the Florida Supreme Court ruled in a case called Reynolds v. State…
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When the Police Come Knocking
Florida law states that the police may break open a door leading into a home if: The police have a warrant. The police announce who they are and what they want. The…
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Keep an Eye on Your Watch When the Police Stop Your Car
The law throughout the United States is that the police may not detain an individual whom they have stopped for any longer than necessary to accomplish their reason…
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Capital Punishment in Texas and DNA Testing
Since the reimposition of the death penalty in the United States in 1976, 1,029 people have been executed (as of March 2007). Over one-third of those have been…
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Is Lethal Injection Unconstitutional
Is Lethal Injection Unconstitutional? The United States Supreme Court is set to decide this very important question. The following article discusses the death…
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Mistaken Identification | Wrongful Conviction | DNA
The following story appears in the Palm Beach Post newspaper. Although it originates in South Florida, the story could happen anywhere. DNA TESTING ON TRIAL By…
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Police Interrogations Should Always be Tape Recorded
All police interrogations should be tape recorded so that there is an accurate record of what was said both by the suspect and by the police. The following story…
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If you are arrested in Florida, do you have to have a trial?
If you are arrested in Florida, do you have to have a trial in order to resolve your case? I am sometimes asked this question by clients who are understandably…
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Prisoner Overcrowding in Florida
Time Magazine These days, judges are handing out prison time like it's candy. I have personal knowledge of one case in which a person was convicted of kidnapping…
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Reasons Why We Shouldn't Have a Death Penalty
A few years ago, the Governor of Illinois imposed a moratorium on the death penalty in that state because of his well-founded fear that wrongfully-convicted people…
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10 Things to Look for (and Avoid) when Hiring a Florida Criminal Attorney
There are many things to consider when hiring a Florida criminal attorney. The following is a list of some (but by no means all) of the things that you should…
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I, The Juror
Globe reporter Gary Greenberg gives his impressions as a juror in a criminal trial where Ron Chapman served as the defense counsel. [ See a PDF copy (8MB) of the…
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