DUI: To Blow or Not to Blow… That is the question

Driving 101. Driving is not a “right” (it is unlike your Constitutional rights, for example to free speech, against unreasonable searches and seizures, etc.) it is a privilege. The privilege to drive is extended to you by the State of Florida with contractual obligations. The State agrees to permit you to drive and in exchange…

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Sentencing in Florida: The mathematics, procedures and the realities

What are the Sentencing Guidelines? The Sentencing Guidelines are part of the “Criminal Punishment Code” (“CPC”). The purpose of the CPC is to “establish sentencing criteria… to make the best use of state prisons so that violent criminal offenders are appropriately incarcerated… {in a} neutral {manner} with respect to race, gender, and social and economic…

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Possession Charges: What are they? How does the State prove them? How can I win?

The purpose of this Legal Guide is to assist you in understanding “possession”, and various issues surrounding possession, in FL. It is only intended to provide “standards” and raise basic awareness. Always remember that each case is unique and requires its own independent analysis by a lawyer. What is possession? “Possession” means “having holding or…

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Theft & Larceny Offenses

The following Legal Guide is intended to provide an overview of Florida’s Theft laws (generally F.S. 812.14), as well as some issues collateral to the same (i.e. application of diversion, statute of limitations issues, civil theft statute, etc). I hope that it proves helpful to you. What is Theft? In Florida, “Theft” is defined as…

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Sealing and Expunging Records

The purpose of this Legal Guide is to provide information to the Reader about sealing and expunging criminal records in Florida State Courts. Note that this is not an instruction manual (i.e. this is NOT – caps intentional – “SEAL / EXPUNGE 101”) but it should be helpful nonetheless. What does “Sealed” mean and what…

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