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Recent Posts in Felony Category

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Dealing with an Arrest Warrant When One Lives out of The State of Florida

Fighting your criminal case from your home state We often get calls from people who no longer live in Sarasota or Bradenton, Florida yet have an active warrant form their time here. Sometimes the ...
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How much does a criminal defense attorney cost?

Each attorney and law firm are different as are each Defendant's criminal case and history. I would like to give you an idea about how this law firm deals with pricing and give you a general ...
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Defenses to Tampering with Evidence Charges - Criminal Defense Attorney in Sarasota and Bradenton

Generally speaking, tampering with evidence involves altering, destroying, or concealing something in order to prevent it from being used by the police. There are several issues that may arise in the ...
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What is a VOP Early Case Resolution (ECR) In Sarasota, Florida?

What is a VOP Early Case Resolution (ECR) In Sarasota, Florida? A violation of probation (VOP) Early Case Resolution (ECR) court date is exactly as it sounds; it is an attempt or opportunity for a ...
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Charged with possession of a drugs after an overdose in Florida?

If you overdosed and were later charged a violation of Florida Statute 893 (the most common being possession of a controlled substance, possession of opiate pills, possession of heroin, possession of ...
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What is an arraignment for a criminal case in Florida?

An arraignment is a court date where the state (prosecutor) informs you of what they are charging you with. In some cases (particularly in misdemeanor cases) the state will make a plea offer. If you ...
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What can happen if a witness or victim does not show up for deposition in a battery case?

**Please DO NOT rely on this blog post to make a decision in your criminal case. Every situation is entirely unique. Please contact our attorneys to schedule a free consultation** Ultimately, the ...
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What are depositions? Can I attend the depositions in my criminal case?

A deposition is the taking of out-of-court testimony from a witness or witnesses. This is where your attorney will question witnesses involved in your criminal case under oath. In a criminal case, the ...
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What is discovery in a criminal case?

The "discovery process" in a criminal case is the process whereby the defendant demands, and the state turns over, all evidence that the state has in its possession that it plans on using ...
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Will my juvenile conviction count against me for my new arrest?

There are a lot of misconceptions about how juvenile charges work and how they effect charges later on in life. Most people view juvenile charges and convictions as being not very serious. However, ...
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What is the difference between drug offender probation and regular probation?

While the terms of probation can vary from area to area, there are some specialzed probation programs that will be given in some cases. One of the more popular types of probation in Sarasota and ...
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What's the difference between PTI (pre-trial intervention) and Probation?

Many people become confused about the difference between probation and pre-trial intervention (PTI). Both are "resolutions" to a criminal case. While there are some similarities, there are ...
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The police officer is lying: I never gave consent to search

It is becoming increasingly common to read police reports where evidence of drugs was allegedly found after a "consensual" search only to speak to the defendant who is adamant that he or she ...
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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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What is extradition in Florida?

The term "extradition" often brings up the image of an international criminal who jumps from country to country committing crimes and has finally been caught in some country and the relative ...
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In Florida, can trafficking minimum mandatories be waived?

Florida's drug crimes are strict, especially trafficking charges. Trafficking charges are not much harder to prove for the state than a simple possession case, but carry a much heftier penalty. ...
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Should I tell my attorney that I am Guilty?

The answer is undoubtedly yes. You should always be honest with your attorney in discussions. Anything you tell him or her is privileged and can only be discussed openly in very few situations. The ...
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Cops investigated a crime but haven't made an arrest? What's going on?

As odd as this question may first sound, people often become concerned when there is a delay between investigation and arrest. Many times a detective will talk with an individual, the individual may ...
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What is Early Case Resolution (ECR) in Sarasota and Manatee?

Early case resolution (ECR) is a court hearing held in front of a judge. Generally these hearings happen once a week in front of a series of rotating judges. ECR's are only for those facing a ...
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What is the difference between actual possession and constructive possession in Florida?

In order to convict one for possession of drugs or paraphernalia the state must prove that the person was in actual or constructive possession of the controlled substance or paraphernalia. Actual ...
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Should I testify in my case in Florida?

When you are represented by an attorney in your criminal case, the attorney has a large amount of control over how to proceed with your defense. A good attorney will always listen and try to proceed ...
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Can my child be charged as an adult in Florida?

Under Florida law it possible for a juvenile who is 14 or older to be charged as an adult. In legal terms, it is known as "direct filing". The decision whether or not to direct file a charge ...
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Can a polygraph exam (lie detector test) be used against me in Florida?

The answer, as usual, is it depends. Polygraphs cannot be used in court. Florida case law is clear that a polygraph is never admissible in court because it has not been shown to pass stringent enough ...
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