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Posts tagged "abogado penalista"

In a criminal case: Deferred Prosecution v. Deferred Adjudication.

In criminal defense a common question is whether a deferred prosecution and a deferred adjudication mean the same or are different. Jurisdictions use different language for similar or even the same legal concepts. This can make legalese confusing for those new to the criminal justice system or the geography.

The Right to Travel Defense in Criminal & Traffic cases

In criminal defense and traffic defense much is made about the initial seizure or traffic stop. This is because if you fight the traffic stop and win, evidence is excluded which can lead to the entire case being dismissed. In regards to fighting a traffic stop, some people argue that there is a fundamental right to travel which is a defense to whatever violation of the traffic law that led to the seizure or the accusation itself. Essentially, the argument is that the fundamental constitutional right to travel invalidates whatever statute, law, rule or regulation the government is attempting to enforce or even the court's jurisdiction. In court, unrepresented defendants can be heard to argue things such as:

Seal or Expunge - Florida Criminal History or Records

In Florida, a person can seal or expunge criminal records but only once in a lifetime and only if the charge(s) qualifies. Not all charges can be sealed or expunged. The Petition to Expunge or Seal must be filed in the county where the case originated. In Florida, expunging a case or sealing an arrest or case are different things.

Florida Criminal Marijuana after Constitutional Amendment

Recently, Floridians voted over 71 percent in favor of medical marijuana for patients with certain conditions. However, legalizing medical marijuana in Florida does not change the penalties for the illegal use. Sale, cultivation and distribution are still crimes if not done pursuant to the new medical marijuana constitutional amendment. Very few companies are authorized to grow and dispense medical marijuana.

Clearing Traffic Suspensions

Part of the traffic ticket practice is clearing suspensions in the best possible way. Common reasons for suspensions are for failing to address the citation within thirty (30) days, failing to pay, failing to complete traffic school, failing to appear in Court in a criminal case, warrants, child support etc. Of course there are many other reasons a driver's license can be suspended and each case is unique.

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