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Orlando Criminal Defense Law Blog

What happens when stolen property is found at a pawnshop?

It's a scenario that's plays out throughout Orlando and across the state of Florida on a daily basis: A person is searching for a high-value item that was recently stolen from them -- computer, smartphone, etc. -- and discovers that it has been sold to a local pawnshop.

While the person's natural reaction is simply to demand the item back, the reality isn't actually that simple. Indeed, Florida law dictates that law enforcement officials cannot recover allegedly stolen property from a pawnshop and return it to its purported owner without first affording the pawnbroker an opportunity for a hearing.

The 5 Most Unique Drug Trafficking Techniques

Ddrone.JPGrugs that make their way into the United States follow the simple rule of supply and demand, being that no matter how many resources you use to stop the supply, drug traffickers always find a way to meet the demand. Last year the US seized almost 2.5 million pounds of marijuana and almost four thousand pounds of cocaine along the Mexican border. However, as the government pursues new measures to strengthen the border by ramping up narcotics programs and enforcing strict drug trafficking laws, smugglers are only getting bolder in their tactics. Here are some of the craziest ways that have been used to smuggle drugs into the country in the last few years.

Can You Name One of the 130 Laws Going Into Effect Tomorrow?

On Wednesday, Florida will be putting 130 new laws into effect, but most Floridians can't name a single one of these new laws. We felt that this needed to be addressed, so we broke down a list of the ones we thought you needed to know about and of course the ones we thought were most entertaining.

How Florida has mistakenly identified people as sex offenders

If you really stop to think about it, your driver's license or state ID card contains a wealth of personal information outside of just your name and address. Indeed, it outlines whether you want to donate your organs in the event of a serious accident, whether you require corrective lenses and whether you have been diagnosed with certain medical conditions.

In addition, here in Florida, your driver's license or state ID card can also indicate whether you are a sex offender.

What happens when you are given community service?

There is no doubt that the prospect of standing before a judge during a sentencing hearing can be an intimidating and altogether nerve-wracking experience. That's largely because even though a person has a general idea of what the judge might decide concerning their punishment, they can never be 100 percent certain as to the outcome.

While this is understandable, it's important to remember that most judges are willing to entertain alternatives to incarceration in many situations, including probation and/or community service.

How much do you know about flakka?

Law enforcement officials at both the state and federal level are now sounding the alarm about flakka, a designer drug that has recently exploded in popularity across much of the U.S., including right here in the Sunshine State.

Indeed, statistics show that in Broward County, police have responded to over 275 incidents involving flakka in just over four months this year, while they responded to a total of 190 such incidents in all of 2014. Furthermore, seizures involving synthetic drugs like flakka recently overtook cocaine as the illegal narcotic most commonly listed in county crime lab reports.

Understanding what happens when you say no to a chemical test - II

Last time, we discussed how anyone holding a Florida driver's license has already given their tacit consent to submit to chemical tests in the event they are placed under arrest for driving under the influence thanks to the state's implied consent law.

We also started discussing just what can happen when a person refuses to submit to these breath, urine or blood tests in conjunction with a DUI arrest. We'll continue this discussion in today's post, examining the criminal consequences for a refusal versus the criminal consequences of a DUI conviction. 

Understanding what happens when you say no to a chemical test

In a post last week, our blog touched on the notion that states typically treat driving as a privilege, such that motorists forfeit certain rights or provide their indirect permission for certain actions to be taken by law enforcement officials.

By way of illustration, consider Florida's implied consent law, which essentially declares that anyone holding a driver's license has essentially already given their consent to submit to breath, urine or blood tests to determine their blood alcohol level in the event an officer has placed them under arrest for driving under the influence.  

Osceola County to Host Fugitive Safe Surrender Event

Next week the Osceola County Sheriff's Department will be offering anyone with outstanding warrants the opportunity to surrender safely. Those who decide to show up at Osceola heritage Park on June 5th will have their warrant "swapped" out for a court date. The Osceola county sheriff's department reports that this is not an amnesty program, but it can offer favorable considerations from the court. At past events, those who surrendered saw reduced fines and jail time because of their actions.

Why are some saying that you don't have to talk at DUI checkpoints?

Anyone who has had to stop at a drunk-driving checkpoint probably remembers the experience vividly. That's probably because it was so intimidating and so disorienting.

These checkpoints are almost always held during nighttime hours and may seem to materialize out of nowhere, complete with flashing police lights, lines of slowed traffic moving through parking cones and the watchful eyes of law enforcement officials busy looking for signs of driving under the influence among motorists.

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