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Recent Posts in misdemeanor Category

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Can I get my DUI reduced to a Reckless Driving charge?

It is very difficult to tell from the beginning whether a DUI charge can or will be reduced to a criminal reckless driving charge. Generally, if the defense develops a strong enough case, and the ...
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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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The state is asking for jail at my arraignment, is there anything that can be done?

Often times, yes there is. At arraignment (which is very early in a criminal case) the state usually has done very little investigation. In other words, they might not have any idea what really ...
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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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Can I be convicted of DUI simply because I have an illegal drug or a controlled substance in my blood or urine?

In order to convict you of driving under the influence (DUI), the state of Florida must prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence of alcohol or ...
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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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Arrested in Sarasota or Manatee for underage drinking as part of Operation Dry Spring?

Recently, a statewide initiative to curb underage drinking took place in Sarasota and Manatee counties. Known as Operation Dry Spring, the initiative focused on underage drinkers out for spring break ...
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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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Two or more DUI's? Sarasota DUI Court focuses on getting you help rather than giving you a lot of jail time.

If you have been charged with driving under the influence (DUI) and have a prior DUI conviction, you may qualify for Sarasota County DUI Court. The Sarasota DUI Court Program is an excellent program ...
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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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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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Can I get off probation early in Sarasota?

One of the most common questions people have when considering probation is how long do I have to be on probation? Early termination is usually a possibility. The conditions that must be met before ...
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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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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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I can't make it to my court date for my misdemeanor criminal case in Sarasota County. What can I do?

If you hire our firm to represent you for your misdemeanor case in Sarasota County we can likely waive your appearance for your arraignment and your pre-trial conference court dates. This means that ...
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Is it a crime in Florida to let someone drive my car if I know they have a suspended driver's license?

Yes. Florida Statute 322.36, Permitting Unauthorized Operator to Drive, states: "A person may not authorize or knowingly permit a motor vehicle owned by him or her or under his or her dominion or ...
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Can I smoke marijuana in Florida if I have a prescription for it from another state?

The simplest answer is no. Florida has not recognized a medical use for marijuana and has not yet enacted legislation recognizing prescriptions from other states. Possessing or smoking marijuana in ...
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What is a wheel witness in Florida?

A "wheel witness" is an essential witness in a case against a person for various criminal driving charges. As part of all driving charges, the prosecutor must prove that the individual ...
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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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