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Posts tagged "criminal lawyer ocala"

Criminal Solicitation of Prostitution - Excessive Fine

The criminal offense of Solicitation of Prostitution is a second degree misdemeanor. Normally, a second degree misdemeanor is punishable by a maximum of sixty (60) days and a five hundred dollar ($500) fine. However, effective 2013, the Florida legislature changed the fine for soliciting a prostitute to a mandatory five thousand dollar ($5,000) fine. According to this relatively new law, a judge has no discretion.  The fine that is required to be imposed is five thousand dollars ($5,000).

Criminal Cases Involving an Auto accident

Auto accidents frequently give rise to criminal cases in addition to civil lawsuits and traffic tickets. For example law enforcement may charge a driver in a car crash with Reckless Driving with Property Damage, Vehicular Manslaughter, DUI Manslaughter, DUI with Serious Bodily Injury, DUI with Property Damage, Leaving the Scene of an Accident, Failure to Render Aid, etc. Vehicular Manslaughter is essentially Reckless Driving with a Death. If law enforcement does not believe a crime was committed, then the driver will be charged with careless driving. (More on the difference between Careless Driving and Reckless Driving)

Criminal cases and Surrender - Turning your self in

In a criminal case, surrender or turning yourself in is the best policy and really the only way to resolve an open warrant or arrest order, sometimes also called a capias . Some may argue with that statement but really every other option is merely turning your self in or surrendering in a different form.

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.

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.

Trafficking and Conspiracy to Traffic

Drug trafficking cases can include a conspiracy to traffic element. In Florida a conspiracy to engage in trafficking is committed when any person agrees, conspires combines, confederates, etc with another person to commit any act prohibited by section 893.135. Generally conspiracies are punished the same as the actual crime charged, such as trafficking, except that they are scored one level lower for purposes of the score sheet.

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