Law Blog

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Should I Purchase a “Named Peril” or an “All Risks” Insurance Policy?

Florida has higher homeowner’s insurance rates than any other state. One potential way to reduce your premiums is to purchase a “named peril” insurance policy rather than an “all risks” insurance policy. However, before you make the…
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Broward County Elementary School Teacher Accused of Tipping off Suspect in Drug Trafficking Sting

According to a federal indictment, a Broward County elementary school teacher now faces charges of corruptly obstructing an official proceeding after she allegedly tipped off the target of a drug trafficking sting. The accused, 31-year-old Porsha…
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Broward County Man Charged with Attempted Murder of Mother and Her Boyfriend

According to Coral Spring Talks, an argument over smoking marijuana led to a double attempted murder at the Island Club apartments. The suspect, Artner Jocelyn, 26, was arguing with his mother and her boyfriend, Cenel Saul, about Jocelyn’s…
Damage caused by damp on a wall in modern house

When Can a Homeowner’s Insurance Company Deny a Water Damage Claim?

Some homeowner’s insurance policies in Florida will cover water damage caused by wind-propelled rain but many have restrictions and exclusions that you may not realize exist. For example, if your home sustains roof damage and wind blows rain…
Car insurance claim concept

What Is “Insurance Bad Faith?” Fort Lauderdale Insurance Attorney Explains

Insurance bad faith describes a claim that a policyholder makes against an insurance company due to unethical or unlawful business practices. In most jurisdictions of the United States, insurance providers owe a duty of good faith and fair dealing…
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What Are the Penalties of a DUI Manslaughter Conviction in Florida?

In the state of Florida, DUI manslaughter is typically a second-degree felony offense. However, if the court finds that the defendant knew the crash happened and failed to give information or render aid, it will be charged as a first-degree…
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Justin Bieber Impersonator Charged with Child Pornography and Extortion

A 24-year-old man was arrested after allegedly impersonating Justin Bieber online and blackmailing an 11-year-old girl to send him nude photos. The suspect, Bryan Asrary, allegedly found his victim two years ago on Justin Bieber’s Instagram…
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What Are the Penalties for Oxycodone Possession in Florida?

Drug crimes in Florida carry harsh penalties compared to other states. The specific consequences of drug possession charges depend on several factors, one of the most important being the amount of drugs found in your possession. Possessing…
Sink Hole

Do Homeowner’s Insurance Policies in Florida Cover Sinkhole Damage?

Florida has more sinkholes than any other state, and they can cause catastrophic damage to a home. Sinkholes are cavities in the ground that usually form in limestone bedrock. They are often  caused by water erosion, which leads to a collapse…
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Florida’s Cocaine Possession Laws Considered Some of the Strictest in the United States

In Florida, possessing any amount of cocaine – even a bag of residue – is considered a Third Degree Felony. A conviction could come with up to five years in prison, five years’ probation and a $5,000 fine. Pursuant to Florida Statute…
Repairman

Do You Know the Top 4 Causes of Home Destruction over the Holidays?

Powerful hurricanes, rainstorms, and fire – there are countless ways a home could suffer unexpected damage. Although serious fires and floods can wreak havoc on any day of the year, homes are particularly vulnerable to damage over the holidays. According…
inside roof framework

Did Your Homeowner’s Insurance Company Deny Your Claim Due to Design Defects?

A recent case has given hope to property owners whose claims were denied by profit-minded insurance companies due to construction or design defects. On December 1, the Florida Supreme Court ruled in favor of John Robert Sebo, who was denied…
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Who Cannot Legally Possess a Firearm in Florida?

Pursuant to Section 790.23 of the 2016 Florida Statutes, it is illegal for a felon or delinquent to possess firearms, electric weapons, ammunition and certain unlawful devices if that person has been: Convicted of a felony in Florida; …
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Are You Facing DUI Charges?

A DUI conviction can have life-changing consequences – affecting your relationships, career and freedoms. This is particularly true for repeat offenders who face much harsher penalties, and for those who face charges for aggravated DUI or…
Roofing Works

4 Scenarios When You Should Immediately Contact a Homeowners’ Insurance Claims

Floridians are still recovering from Hurricane Matthew’s strong winds and heavy rains. The storm closed hundreds of businesses and caused billions of dollars in damage to residential and commercial properties. Sadly, many homeowners learned…
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Are You Facing DUI Charges in Florida? 4 Possible Defenses

A conviction for driving under the influence in Florida can have life-changing consequences – especially if this is not your first offense. Depending on your past DUI record, you could face third-degree felony charges, which come with a maximum…
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What Constitutes “Vehicular Homicide” in Florida?

According to Section 782.071 of The 2016 Florida Statutes, vehicular homicide is the killing of a person or an unborn child by an injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner that is likely…
Repairman

Did Your Homeowner’s Insurance Contractor Botch the Repairs after Hurricane Matthew?

Hurricane Matthew wreaked havoc on the southeast, causing damage in excess of $10 billion, according to the Associated Press. Floridians and their homeowner’s insurance companies are footing much of that bill as they attempt to restore the…
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What Are My Options If My Homeowner’s Insurance Company’s Contractor Damaged My Home during Repairs?

There once was a time when homeowners could choose their own contractor to repair a roof leak, mold outbreak or other damage. The insurance company would then reimburse these costs. Although some homeowner’s insurance providers still…
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Are Charges of Unlicensed Carrying of Concealed Weapons or Firearms a Misdemeanor or Felony?

The laws related to charges of unlicensed carrying of concealed weapons or firearms are outlined in Section 790.01 of the 2016 Florida Statutes. Whether the charge is a felony or misdemeanor depends on the nature of the weapon you are carrying.   If…
Ft Lauderdale Insurance Attorney, Managed Repair

3 Tips to Recover Fair Compensation from Your Homeowner’s Insurance Company after Hurricane Matthew

Category 4 Hurricane Matthew is heading straight toward Florida’s coastline. According to CNBC, the superstorm may be the most destructive hurricane to hit Florida in 10 years. This is a stressful time for property owners. Torrential…
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What Constitutes Domestic Violence in Florida?

Under Florida law, Domestic Violence Battery is defined as any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person, when the person struck is a “family…
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How Can I Prevent Friends and Family from Driving Drunk?

In 2014, nearly one-third of all traffic accidents in the United States involved alcohol, according to the Centers for Disease Control and Prevention. Despite the danger, DUI is still one of the most common criminal offenses in Florida. At…
Woman Showing Water Leaking From Ceiling To Maintenance Guy

Rental and Condo Insurance: Are You Truly Aware of What Your Policy Will Cover?

They are beautiful, luxurious, and provide a number of different amenities for you and your family to enjoy. Condominiums and apartments are sprouting up all around the state of Florida as the demand to live in the Sunshine State rises. But…
Flood Insurance

Hurricane and Flood insight and tips

Some insight and tips shared with me from a friend with some minor revision from me: Were you preparing for a flood from Hurricane Hermine that hit with some warning or even if it surprised you, most flood policyholders are in the same position:…
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Does an Out-of-State DUI Follow Me to Florida? Fort Lauderdale Criminal Lawyer Explains

In most situations, the Florida Department of Highway Safety and Motor Vehicles can find out if you were convicted of a DUI or other traffic offense in another state. As a result, Florida would honor the sentence you received in that state as…
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How Does the “Not Guilty by Reason of Insanity” Defense Work in Florida? Fort Lauderdale Criminal Attorney Explains

Florida courts use the “M’Naghten” rule as the basis of the “legally insane” standard. This rule was named after Daniel M'Naghten, who attempted to assassinate England's Prime Minister Sir Robert Peel in 1843. M’Naghten was…
Electricians Replace 20 Amp Breaker

How Can You Avoid Hiring a Fraudulent Company to Repair Your Home?

Our home insurance claims lawyers here at Leader & Leader P.A. are here to tell you that as you may be preparing to have your home repaired from water damage, fire, flood or other damage caused by an accident or nature, be wary of who you…
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How Accurate Are Breath Tests? Fort Lauderdale Criminal Lawyer Explores the Stats

Anyone who has been convicted of DUI in Florida knows that the consequences are severe. Nobody should have to endure the jail time, license suspension, fines and other penalties without substantial evidence that he or she was in fact breaking…
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How Does Your Body Metabolize Alcohol? Fort Lauderdale DUI Lawyer Explains

It’s rare to attend a social event that doesn’t involve alcohol. Although having a few drinks with family and friends is fine, it is important to understand the risks that come with drinking alcohol so you can avoid overindulging. Three…
Repairman Confused

Does Your Homeowner’s Insurance Policy Contain the “Managed Repair” Clause?

If so, our Florida insurance claims lawyers here at Leader & Leader P.A. want to help you make an informed decision your homeowner’s insurance company may be trying to deceive you out of obtaining. How familiar are you with…
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How Common Is Boating under the Influence in Florida? Fort Lauderdale Criminal Lawyer Investigates

Boating under the influence is a serious charge in Florida. Although it is not illegal to consume alcohol before operating a vessel if you are over 21 years old, it is illegal to drive a boat if your blood-alcohol level is 0.08 or more grams…
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How Do Florida Police Identify Drunk Drivers? 4 Signs Explained by a Fort Lauderdale Criminal Attorney

Many drivers think they can avoid DUI charges by checking their taillights, obeying the speed limit and following traffic laws. However, as the National Highway Traffic Safety Administration explains, there are more than 100 visual cues that…
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Can Florida Police Search My Phone without a Warrant? Fort Lauderdale Criminal Attorney Explains

The Fourth Amendment of the U.S. Constitution protects citizens from illegal searches and seizures. In most situations, an officer needs a warrant to conduct a legal search. However, there are exceptions to this rule; for example, if an individual…
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Are You Eligible to Expunge or Seal Your Criminal Record in Florida? Fort Lauderdale Criminal Attorney Explains

Florida law allows for the expungement and sealing of criminal records in certain situations. There are several reasons why a person may seek to expunge his or her criminal record. Examples include: The criminal record is inaccurate; The…
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What Are the Penalties for a Hit and Run in Florida? Fort Lauderdale Criminal Attorney Explains

A car accident is a nerve-racking experience. It can be difficult to think clearly, and in the midst of the adrenaline and shock, some drivers choose to leave the scene. In Florida, leaving the scene of an accident is a serious offense. Depending…
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What Is the “Ten Day” Rule in Florida? Fort Lauderdale DUI Attorney Explains

From the flashing blue lights to the officer’s stern interrogation, a DUI traffic stop is never a pleasant experience. This is particularly true if you wind up in the back of a squad car. If you are facing DUI charges in Florida, then you…
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Typo Could Cause Thousands of DWI Cases to Be Thrown Out – Fort Lauderdale Criminal Attorney Insights

A typo in the breathalyzer calibration requirements for police officers may cause thousands of DWI cases to be thrown out in Missouri. According to KRCG13, the error happened in 2012 when the Department of Health adjusted its breathalyzer calibration…
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Should You Let Police Search Your Vehicle? Advice from a Fort Lauderdale Criminal Attorney

A traffic stop is always a nerve-racking experience – even if you did nothing wrong. Unfortunately, many people wind up facing charges because they do not understand their rights. In most cases, police cannot search your vehicle unless:   …
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Facing Weapons Charges in Florida? Fort Lauderdale Criminal Attorney Explains the 10-20-Life Law

Weapons offenses are serious in the state of Florida. In 1999, Florida enacted the “10-20-Life law” as part of Fla. Stat. § 775.087, which mandates:   A minimum 10 year prison sentence for certain felonies or attempted felonies…
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Florida Law Would Make Penalties Tougher for Crimes Against Real Estate Agents

Fort Lauderdale, FL- A recently proposed bill would make criminal penalties tougher for individuals who commit crimes against real-estate agents in Florida. The Tampa Business Journal reports that last week the Criminal Justice Committee…
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Fort Lauderdale Criminal Attorney Discusses Sealing and Expunging a Criminal Charge

Fort Lauderdale, FL- If you were arrested or found guilty of a criminal charge as a teen or an adult, you know first-hand the negative impact it can have on your life. Your criminal record can hold you back and make it difficult to find a good…
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How Will A Criminal Conviction Affect Employment in Fort Lauderdale?

Fort Lauderdale, FL- If you were arrested and charged with a crime in Fort Lauderdale, you are undoubtedly aware that you face, in some cases, severe criminal consequences. But you may not be thinking about how an arrest or criminal conviction…
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What Are Consequences of a Third DUI in Fort Lauderdale?

Fort Lauderdale, FL- Are you facing a DUI charge in Fort Lauderdale? Is it your third DUI charge? If you answered “Yes” to either or both of those questions, you might already realize you have some serious legal decisions to make. Amongst…
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Planning to Party on Super Bowl Sunday? Here Are 3 Tips from a Fort Lauderdale DUI Lawyer

A DUI arrest is the quickest way to ruin your Super Bowl weekend. Unfortunately, drunk drivers cause forty (40) percent of all fatal crashes on Super Bowl Sunday, according to the National Highway Traffic Safety Administration. This is why Florida…
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Is My DUI a Felony? Fort Lauderdale DUI Lawyer Discusses 4 Aggravating Circumstances

  Although driving under the influence is one of the most common criminal offenses in Florida, a conviction can still carry life-changing consequences, as outlined by the Florida Department of Highway Safety and Motor Vehicles. However,…
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Fort Lauderdale Criminal Lawyer Explains the 4 Types of Felonies in Florida

Most people do not understand the legalities of a criminal offense until they face charges. To start, these crimes fall under one of two categories: felonies or misdemeanors. According to the U.S. Department of Justice, a misdemeanor is punishable…
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What Are the Most Common Criminal Offenses in Florida? Fort Lauderdale Defense Attorney Investigates

Facing charges for a criminal offense is likely to be the most stressful chapter in a person’s life. Depending on the nature of the crime, a conviction can come with a steep fine, time behind bars and a loss of other freedoms. This is why…
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Fort Lauderdale DUI Lawyer Offers 6 Tips for Avoiding Arrest over Christmas and New Year’s Eve

Floridians love the festive season. It is the perfect time to visit family and friends, and to enjoy a few days off work or school. However, the Independent Institute reminds readers that there is a spike in criminal activity over the holidays. Florida…
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3 Defenses That Will Not Work against Statutory Rape Charges in Fort Lauderdale – Insights from a Criminal Defense Attorney

Statutory rape, or lewd or lascivious battery, criminalizes all sexual acts with children older than 12 years but younger than 16, as explained in the applicable Florida Statute. This law applies even when the sexual activity is consensual.…
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Criminal Attorney Discusses 5 Potential Defenses to Use against Robbery Charges in Fort Lauderdale

A robbery charge involves either the use of physical force to steal another person’s possessions, or threatening to use force so that he or she complies. Generally, will not face robbery charges for shoplifting because you are unlikely to…
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Criminal Defense Lawyer Answers 2 Questions about Heroin Offenses in Fort Lauderdale

Heroin is tied to a long list of violent crimes, which is why possessing, selling or trafficking this drug is a serious offense. A conviction for these crimes can come with a steep fine and several years in prison. If you are facing heroin-related…
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Fort Lauderdale Criminal Lawyer Answers 3 FAQs about Prescription Drug Offenses in Florida

When most people imagine drug charges, cocaine, heroin or marijuana comes to mind. The truth, however, is that offenses related to prescription medications can be just as serious. The abuse of prescription drugs is a widespread problem.…
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5 Common Defenses against Criminal Charges in Florida - Lessons from a Fort Lauderdale Criminal Lawyer

The American justice system entitles defendants who face criminal charges to legal representation. The Sixth Amendment provides indigent defense services to those who cannot afford legal representation, as the Bureau of Justice explains. The…
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4 Ways to Stay out of Jail This Thanksgiving Holiday – Advice from a Fort Lauderdale DUI Defense Attorney

Nobody outside of a jail cell plans to spend Thanksgiving behind bars. Each year, though, police arrest thousands of people across the country – particularly drivers – for offenses they commit over the holidays. In fact, according…
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Fort Lauderdale DUI Defense Lawyer Discusses 10 Types of DUI Charges in Florida

In all states, driving under the influence of drugs or alcohol is a serious offense – and Florida is no exception. According to the Department of Highway Safety and Motor Vehicles, a DUI conviction may come with exorbitant fines, time behind…
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Fort Lauderdale DUI Lawyer Explains Why People Should Always Fight DUI Charges in Florida

  Few experiences are as frightening as facing DUI charges. However, even if you were indeed driving under the influence, there may be several defenses that could lead to reduced penalties or charges, or to an outright dismissal. DUI…
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Fort Lauderdale Criminal Defense Lawyer Reveals 3 Arrest Mistakes to Avoid

Few experiences can match the overwhelming stress that accompanies an arrest. From the chill of handcuffs to the sound of police reading your Miranda Rights, there’s nothing pleasant about being detained. Unfortunately, anxiety often overcomes…
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Potential Alternative Sentences to Jail/Prison Time in Criminal Cases

The United States has more people in prison per capita than any other country in the world. It costs taxpayers billions of dollars to keep these facilities and the judicial system running. Reducing these expenses is one reason why Florida and…
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Criminal Attorney Insights: 4 Possible Defenses against Charges of DUI in Fort Lauderdale

The penalties for driving under the influence, or DUI, are severe in Florida. The state has little tolerance for drunk (or impaired) drivers, and a conviction may come with life-changing consequences. DUI penalties can depend on the history…
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Can I Get a DUI If I’m Not Driving? 3 FAQs about DUIs in Florida

Although driving under the influence is one of Florida’s most common offenses, most people do not know the intricacies of the laws until they face DUI charges. This causes many drivers to make mistakes that compromise their interests during…
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2 Ways to Safeguard Your Rights If Police Arrest You

An arrest can be one of the most traumatic and stressful experiences of your life. Understandably, most people are not sure what to do in such a situation, and they assume the steps they take only matter once the case goes to court. No…
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3 DUI Myths You Should Stop Believing Now

Like many other legal processes, there are several popular myths related to DUI laws. Some of these misconceptions are entirely untrue and can do more harm than good if you believe them. If you are facing DUI charges and would like to speak…
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A Brief Overview of Marijuana Laws in Florida

Marijuana legislation reform continues to make headlines across the country. Many states have legalized medical marijuana, and some now allow its recreational use. As these changes take place, U.S. citizens should pay close attention to their…
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4 Ways to Fight Charges of Battery and Assault

Few situations are more frightening than police charging you with assault or battery. The Florida Senate makes it clear that the state does not tolerate these crimes. In fact, you may go to go to jail if you are found guilty. Fortunately, there…
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5 Ways to Fight Drug Possession Charges in Florida

Florida courts have little sympathy for drug offenders. In fact, the state’s list of controlled substances is lengthy, and the penalties for possessing controlled substances are severe. As Norml explains, a conviction for possessing marijuana…
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Broward County to Relax Penalties for Misdemeanor Marijuana Possession

According to Broward County, misdemeanor marijuana possession may soon become a civil violation instead of a criminal one. On June 19, Vice Mayor Marty Kiar proposed a new bill to decriminalize marijuana possession – but only if the person…
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How Florida's Ignition Interlock Program Works

Driving under the influence is one of the most common criminal offenses in America – and the Sunshine State is no exception. According to Florida Department of Highway Safety Motor Vehicles, Florida courts convicted more than 30,000 people…
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3 Important Florida Laws Regarding Hit and Run Accidents

Since 2013, there has been a marked increase in the number of hit and run incidences in the state of Florida. Law enforcement are working hard to raise awareness of this offense and to help reduce the total number of hit and run crashes. Those…
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How to Handle Robbery Charges in Florida

Robbery takes many different forms, and depending on the circumstances, it can carry a severe penalty in Florida. According to the Florida Department of Law Enforcement, there is one robbery every 22 minutes in the Sunshine State, making it…
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What Constitutes Statutory Rape in Florida?

Statutory rape is a serious offense in the United States. According to the United States Department of Justice, approximately one statutory rape occurs for every three forcible rapes that involve a juvenile victim, and these are only taking…
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A Brief Overview of Marijuana Possession Penalties in Florida

The state of Florida takes drug crimes seriously, and police arrest thousands annually for contravening state and federal drug laws. According to Norml.org, police arrest approximately 16,000 people each year on drug-related charges, which cover…
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When You Will Face Felony or Misdemeanor Charges for Theft in Florida

Florida Statues define theft as when a person knowingly and unlawfully takes the property of another with the intention of either permanently or temporarily depriving the victim of that property. All theft charges in Florida tend to be serious,…
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The Implications of Refusing a Florida DUI Test

Police and other law enforcement personnel in Florida are working hard to reduce the number of deaths on state roads, and they plan to come down hard on drunk drivers in order to do so. If police believe you are driving erratically and may be…
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How Florida Courts Punish DUI Offenders

Each year, drunk drivers kill hundreds of people in the state of Florida. According to Mothers Against Drunk Driving, 676 people died in Florida during 2014 in alcohol-related crashes, making up close to 30 percent of all traffic fatalities. While…

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