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May 2014 Archives

Aggravated Battery with a Deadly Weapon using a Vehicle, and Reckless Driving

When someone is accused of the criminal charge of aggravated battery with a deadly weapon, the deadly weapon can be almost anything.  For example, a table, chair, baseball bat, firearm, or even a car or other vehicle can become a deadly weapon if used in a certain manner. 

Child pornography

Recent headlines regarding sex crimes and child pornography charges brought on 71 people in a state other than Florida reminds us that sex offenders come from all walks of life. All but one of those people arrested on charges of trading child pornography were men. The overwhelming majority of sex offenders are men, there is no other pattern. In that case there was a rabbi, a police chief, a police officer, a paramedic and a Boy Scout leader/little league coach.

Hit and Run - Leaving the Scene of an Accident

In Florida, the criminal offense of Hit and Run is called Leaving the Scene of an Accident. The severity of this crime sometimes referred to as LSA, as do so many other criminal traffic charges, depends upon the nature and the extent of the damage.

Unusual Child Support Order

In family law, there are several consequences for not paying child support. An unusual sentence, at least in my opinion, was handed down and appealed in another state not Florida. The individual was actually sentenced on a crime and the court took the liberty of addressing back child support in the criminal case.

Marijuana or other drug sale and purchase

Practicing criminal law or being involved in the criminal justice system is never boring. Recently a caller to 911 asked "where can I buy some marijuana this morning?" This call looking to buy pot from the police almost sounds like a joke.

Celebrity Disorderly Conduct and Resisting

Yesterday I posted a blog regarding celebrity battery, today another celebrity, Alec Baldwin, provides the launching point for this blog about disorderly conduct and resisting. Mr. Baldwin was arrested in New York for disorderly conduct, even though, according to the article I read, he claims it was for violating a traffic control device. Perhaps a creative prosecutor could also find grounds to charge Resisting an Officer Without Violence or Obstruction of Justice although I am not advocating for those charges.

Celebrity Battery or is it Domestic Battery - still a crime

Battery is a criminal offense that reaches all levels of society, as proven by the recent encounter between Jay-Z and Solange, his sister-in-law, in the elevator at the Standard Hotel. While the description of the video on TMZ refers to this wild kicking and swinging as an assault, Solange's actions are called battery in Florida. For more on the difference between assault and battery, see my blog Assault and Battery - Very Different Meanings in Florida Criminal Law. Fortunately for Jay-Z, this video captured the altercation, otherwise he could be painted as the aggressor and could easily be the defendant instead of the victim.

Open or Active Warrants

Oftentimes, I am contacted by a person who has an active or open warrant for their arrest. A warrant for arrest issued by a court can be for various different reasons. An order for arrest can be issued if a person missed a court date, violated probation, or was the subject of a criminal investigation. Sometimes a commit order is issued when a person violates the terms of, fails to comply with, or there is a failure to submit proof that conditions were completed in a deferred sentence.

Substantive versus Technical Violation of Probation

What is the difference between a technical and a substantive violation of probation? This is a common question that I receive when a family is facing a probation violation. There are basically two ways a person can violate probation. One type of violation of probation is called is substantive and the other is technical.

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