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Blog Posts in February, 2013

I was charged with misdemeanor battery after a mutual combat fight, are there any defenses available to me?

A defense available to those charged with misdemeanor battery (also called "touch or strike battery") is the defense of consent. An essential element of misdemeanor battery involves an ...
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Accused of Domestic Violence or Battery? Be sure to take pictures of all defensive Injuries.

Oftentimes there are no independent witnesses in battery and domestic battery situations—they are often "he said, she said" crimes. Police often rush in and charge one person hastily, ...
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I was holding someone else's valid prescription and I was arrested for possession of a controlled substance. OR What is the prescription defense?

Florida law permits an individual to legally possess a controlled substance obtained pursuant to a valid prescription. The “prescription defense” is available to the prescription holder, ...
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Arrested in Sarasota's Latest Sex Sting?

The Sarasota County Sheriff's Office recently arrested 30 people in a sting called "Operation Intercept II." Most of the subjects arrested were charged with Traveling to Solicit a Child ...
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Did you get a DUI and get in an accident? The state may not be able to use any statements that you made during the traffic investigation against you!

The accident report privilege prohibits the state from using statements made by persons involved in a crash against them, if the statements were made to law enforcement during the course of an ...
Continue reading "Did you get a DUI and get in an accident? The state may not be able to use any statements that you made during the traffic investigation against you!" »

The state (prosecutor) wants jail, can I do rehab instead?

There are situations where a defendant in a criminal case can convince the state (prosecutor) to allow the defendant to enter into a residential rehab program rather than jail. It will usually depend ...
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What effect does pleaing guilty or no contest have on a civil suit?

While criminal and civil court are very different areas of law, sometimes they do crossover with one another. Many times when a battery or DUI with property damage occurs, there will be an ...
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What is a consensual encounter OR Why is the police officer being just a little too friendly?

The United States Constitution requires a law enforcement officer to have reasonable suspicion that a crime was committed before a police officer can detain a person. In other words, without a ...
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