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Under 0.08 DUIs—A Surprising Reality in Florida

Under Florida law, a breathalyzer test which shows a blood alcohol concentration (or BAC) of 0.08 percent almost certainly guarantees that you will be charged with driving under the influence (DUI). However, in some circumstances you can still face DUI charges—even where you blow less than 0.08. For example, if you are younger than 21, […]

The Expungement Process in Florida

A criminal record can have a detrimental effect on a person’s ability to find and keep a job, find a place to live, or gain admission to school. Under the Florida statutes, adult criminal records are made public—that is, unless a court has sealed or expunged the record. While a sealed record is given restricted […]

The Consequences of a Sex Crime Can Last a Lifetime

A sex crime charge or conviction can disrupt and ruin every aspect of a person’s life. The general public has an extremely negative perception of sex offenders and child molesters. Consequently, the chances of gaining sympathy from a judge or jury in a sex crimes case are slim to none. Moreover, if you are ultimately […]

Probation Violations Can Send You to Jail

Florida law provides for periods of criminal probation to allow defendants time to rehabilitate themselves. However, probation violations in Florida can result in very serious penalties and consequences, including jail time, fines, and other serious consequences. In all Florida criminal cases, the State has the burden of proving your guilt beyond a reasonable doubt—or beyond […]

How Does a DUI Case Get Thrown Out of Court?

The legal DUI limits in Florida are 0.08 percent for most drivers ages 21 and older, 0.02 percent for drivers under the age of 21, and 0.04 percent for commercial drivers. Being found guilty or convicted of a DUI in Florida can have serious legal and personal consequences, including heavy fines, loss of employment, limited […]

Florida Criminalizes Sexual Harassment in Government Offices

Late last month, the Florida Senate Committee unanimously passed a bill that criminalizes sexual harassment that occurs within the confines of government offices. Senate Bill No. 1628 was introduced by Sen. Lauren Book of Plantation. The bill’s passage directly resulted from a sexual harassment claim brought by senate legislative aide Rachel Perrin Rogers against Sen. […]

Embezzlement Defenses

Crimes against property, including larceny, larceny by trick, and embezzlement, all fall under the umbrella of theft offenses. In order for the State to convict you of theft, the State must be able to prove its case beyond a reasonable doubt – or beyond a doubt based upon ordinary reason and common sense. In order […]

Did Your Heartburn Get You a DUI? The GERD Defense

A police officer who stops your vehicle and believes that you were drinking can—and likely will—ask you to give a breath sample. If the breathalyzer test reveals that your blood alcohol concentration, or BAC, is 0.08 percent or more, the officer can charge you with driving under the influence of alcohol (DUI). Understand, however, that […]

Can the Police Lie During an Investigation?

The Florida criminal justice system is responsible for identifying criminals and arresting them, prosecuting them through the Florida court system, and establishing the criminal penalties upon sentencing and conviction. Detectives and police officers are primarily responsible for identifying criminals and arresting them. To arrest individuals and investigate the crimes for which they were charged, police […]

Can Police Claim Protections Under Florida’s “Stand Your Ground Law”?

The initial purpose of Florida’s “Stand Your Ground Law” was to ensure that ordinary citizens have the right to defend themselves without fear of an arrest or trial. Lately, however, Florida police officers have tried to avail themselves of the law. Proponents say that the law applies to “any person”—and that police officers obviously fall […]

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