Criminal Law

Record Expungment

Florida legislature requires your Florida criminal history record be made public unless you have had your record sealed or expunged. Criminal history records contain information regarding when you were arrested and fingerprinted, the disposition of the arrest and whether you were convicted, acquitted or had the charges dismissed. Regardless of whether your charges have been dropped or dismissed, institutions will still be able to view your criminal history record. A criminal history record may p...

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Staff 4/10/2012 11:58:00 AM Comments(0)

Possession of an Open Container in a Public Area

Open container laws for public areas are governed by local ordinances. Regardless of whether you reside within the city, you are expected to know their open container laws as long are you are present within the city. In the City of Orlando, it is illegal for any person within the city to consume or possess alcohol on any public property such as a street. During a night of fun you may not immediately recognize that you are walking out of a private area with a drink in your hand. The second you c...

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Staff 10/13/2011 10:59:00 AM Comments(0)

Disorderly Conduct/ Breach of Peace

In Florida, disorderly conduct/breach of peace can refer to a number of acts: that are of a nature to corrupt public morals, outrage the sense of public decency, affect the peace or quiet of persons who may witness them and acts involving brawling or fighting. Disorderly conduct/ Breach of Peace is a misdemeanor in the second degree. An individual can face a prison sentence not exceeding 60 days and/or pay up to $500 in fines. There are defenses to a disorderly conduct charge. Most disorderly c...

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Staff 9/29/2011 2:19:00 PM Comments(0)

Criminal Law: Burglary

In Florida, Burglary is defined as: 1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or 2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance: a. Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the i...

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Staff 9/6/2011 3:20:00 PM Comments(0)

Criminal Law: Disorderly Intoxication

In Florida, disorderly intoxication can refer to three things: being intoxicated in public place, causing a public disturbance while intoxicated or being in a state of intoxication in which you endanger the safety of a person or property. If you are convicted of disorderly intoxication you may face a fine of up to $500 and/or up to 60 days imprisonment. You may be required to disclose your conviction on employment and housing applications. In these difficult economic times disclosing this inform...

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Staff 8/22/2011 3:31:00 PM Comments(0)

Shoplifting

In 2010 retail theft rose in America. The National Retail Federation reported an increase in shrinkage, a term referring to inventory loss due to shoplifting, employee theft and paperwork errors, from 1.44% to 1.58%. The rise in retail theft is largely attributed to current fragile economic state. Although the economy has improved slightly from 2009 to 2010, unemployment is still an issue. In such uncertain times, not only are the usual repeat offenders shoplifting but also many newcomers who ma...

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Staff 8/9/2011 3:04:00 PM Comments(0)

DUI

A DUI charge may have a long lasting impact on your life. DUI charges range in severity based upon a number of factors including whether you are a repeat offender. In Florida, the charges for first time offenders are less serious than the charges for repeat offenders. Repeat offenders facing a second or more offense may face heavy fines, imprisonment, impoundment of their vehicle as well as revocation of their driver's license. Individuals charged with a second conviction within five years m...

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Staff 7/26/2011 11:59:00 AM Comments(0)

Criminal Law: Petit Theft

Florida divides petit theft into degrees based upon the amount taken. Petit theft in the first degree concerns stolen property valued at $100 or more, but less than $300. Petit theft in the second degree is any theft of property valued less than $100 or the theft of property not specified under any of Florida's theft statutes. Petit theft is a misdemeanor. The punishment may include up to a year in jail and/or up to $1,000 in fines. Further, any individual who commits petit theft and has bee...

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Staff 7/13/2011 11:43:00 AM Comments(0)

Criminal Law: Possession of Marijuana

Individuals facing possession of 20 grams or less of marijuana face prosecution as a misdemeanor violation. The penalty is up to one year of jail time even for the smallest amount of marijuana possession. Individuals possessing more than 20 grams may be charged with a felony and face up to five years in prison and pay $5,000 in fines. With the help of an attorney you may be able to file a motion to suppress evidence. A successful motion to suppress evidence bars a state from using the chal...

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Staff 7/8/2011 3:47:00 PM Comments(0)

Criminal Law: Possession

Drug possession convictions may leave a serious impact on your life. In many cases, however, a conviction for possession may be avoided. A charge for possession of an illegal substance may be the result of an illegal search and seizure conducted by police officers. An officer may only conduct a warrantless search of an individual's person if there is probable cause that would support the arrest of that individual or if an individual consents to the search. An officer's mere suspicion that ...

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Staff 7/8/2011 12:02:00 PM Comments(0)