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Orlando, Florida Criminal Defense Blog

Penalties for abusing prescription drugs in Florida

  • 28
  • January

Because of the addictive effects of some drugs, they are strictly prohibited in all states, including Florida. Individuals need to understand that each drug is viewed and treated differently in court and the severity of drug charges depends on the kind of drug and amount confiscated. Some drug charges fall into a misdemeanor category while others are felony or federal offenses. In this blog post, readers will learn more about prescription drugs and how possession of prescription drugs may lead to a drug charge.

Prescription drugs, as the name implies, refer to drugs that are prescribed by doctors to specific individuals with serious medical conditions. Some of the most common prescription drugs are morphine, oxycodone and hydrocodone. These drugs can become addictive and be abused by users, which is why they are prescribed in small amounts.

What is prostitution?

  • 24
  • January

Sex crimes are subdivided into numerous categories, including prostitution. Here in Florida, readers are familiar with the term prostitution since it refers to people hired to engage in sexual activities. Readers need to understand that prostitution is a serious offense. To better understand prostitution, it is important to read and understand all of the Florida Statutes regarding prostitution.

Generally, prostitution is defined as a sexual activity between two persons, using money as a medium. A person can be charged with prostitution by providing a venue for any alleged sexual activity. The person can also be charged with prostitution through solicitation or through direct involvement. The person who buys the service of a prostitute can also be charged with this offense.

An introduction and explanation of robbery charges in Florida

  • 16
  • January

Theft is a general term used for criminal offenses that involve taking another person's property. Orlando, Florida, residents may be more familiar with common theft offenses such as shoplifting, burglary and robbery. Each offense can have far-reaching consequences, depending on the amount of stolen property. How the crime was committed can also define the type of theft charge. For example, burglary refers to entering someone else's property to take someone else's property with no intention to cause harm. Robbery, on the other hand, is a different matter.

Generally, robbery refers to the use of assault, violence or force to take someone else's property. In robbery and other theft crimes, perpetrators intend to deprive the victim of their property. Robbery charges can become more serious if the accused person uses a weapon to commit the theft. If a weapon was used, the robbery will be categorized as a first-degree felony, which can lead to a long prison sentence upon conviction. If the accused person was carrying a firearm during robbery but did not brandish it, the robbery will also be considered a felony first-degree charge. Additionally, the accused person may face a second-degree felony charge if a weapon that was not deadly was used during robbery.

What constitutes an alibi when it comes to criminal defense?

  • 09
  • January

Allegations of criminal activities can lead to life-altering consequences for people in Florida, including jail time, fines and other penalties. However, all people are presumed innocent until proven guilty. To avoid conviction, the accused has to craft a solid criminal defense. The failure to do so can increase the chance of a conviction. It is important for people facing criminal charges to determine which types of defense arguments best suit them. One of the many defenses that can be used is an alibi defense.

Generally, an alibi defense refers to the location of the accused person when the crime was committed. The defendant can present substantial evidence to prove that the accused was in a different location, away from the crime scene, and therefore had no ability to commit the crime. To further solidify the alibi defense, the defendant may present witnesses' accounts, which can prove the defendant's location at the time the crime was committed. If the defendant is able to convince the court that they were not present at the crime scene, the judge may dismiss the case.

Drug offenses involving cannabis in Florida

  • 02
  • January

There are many drugs that are illegally distributed in Florida. Each drug carry unique fines and penalties, some of them leading to lengthy prison sentences and costly fines. It is important for Orlando, Florida, residents to understand each drug offense so they know the penalties attached. One of the most common drug offenses stem from cannabis. Generally, "cannabis" refers to parts of the plant from the cannabis genus. The resin or seeds of the cannabis are extracted and formed into a highly addictive mixture. Manufacturing, distribution and use of cannabis extracts can lead to drug charges.

Importing any amount of cannabis in Florida is a felony offense. This can lead to maximum of 5 years prison sentence and $5,000 in fines. Carrying at least 20 grams of cannabis is considered a misdemeanor offense. This can lead to $1,000 in fines and maximum of one year of jail time. People who manufacture up to 25 pounds of cannabis can be charged with a felony offense that carries a five-year prison sentence and $5,000 in fines.

How to Avoid a DUI At The 2015 Super Bowl In Arizona

  • 29
  • December

super-bowl-arizona.jpgJust four short years after hosting its first Super Bowl in 2011, University of Phoenix Stadium in Glendale, Arizona is about to host its second. Thousands of football fans from all over the country will convene in Glendale, on the west side of Phoenix, ready for tailgating and celebrating the two best teams in football face off for the 49th annual championship game.

Phoenix, and the cities surrounding it, offer a multitude of entertainment options. Phoenix has fantastic museums and theaters, as well as some of the country's best golf courses. The Phoenix Zoo and Wildlife World Zoo are wonderful family destinations. For those traveling alone or looking to have a good time, Phoenix and the areas surrounding it offer a fantastic nightlife. Tempe's Mill Avenue is a popular spot with several popular bars and hangouts like Endgame, Moonshine Whiskey Bar, and World of Beer. Shopping Districts such as Tempe Marketplace and Westgate, which is settled right next to University of Phoenix Stadium, offer a variety of restaurants and bars as well such as the Yard House, the Thirsty Lion, and Margaritaville. The Phoenix Metro area is also a growing craft beer hub. Arizona Wilderness brewery was recently voted best brewery in the world by Rate Beer, and the West Valley (the western part of the Phoenix Metro area) has five breweries within only a few miles of the stadium including Freak'n, Saddle Mountain, Peoria Artisan, Dubina, and 8-Bit Brewery.

With all of these fantastic options and the tailgating that's sure to take place, visitors would be wise to take note of Arizona DUI laws to avoid ruining the trip. Arizona's DUI penalties can be serious, so it's important to be familiar with what could happen if anyone were to be pulled over for driving under the influence. Here are the penalties a DUI charge could result in:

Misdemeanor DUI/DWI (BAC .08-.149): A conviction will result in 10 days in jail, required DUI classes, a suspended license for 90 days, an ignition locking device for 1-year, and fines up to $1,500.

Extreme DUI (BAC .15-.199): Consequences for a conviction include 30 days in jail, required DUI classes, a suspended license for 90 days, an ignition locking device for 1-year, and fines up to $2,700.

Super Extreme DUI (BAC .2.0 or above): Individuals convicted of this can expect 45 days in jail, required DUI classes, a suspended license for 90 days, an ignition locking device for 18 months, and fines up to $3,200.

Felony or Aggravated DUI: This would result in a minimum of four months in prison for a 3rd offense in seven years, receiving a DUI with a child (under 15) in the car, or receiving a DUI while driving with a suspended license.

Although a DUI charge can be intimidating, there are options if you need to defend yourself against DUI charges. Some possible defenses include:

Proof of Defective Testing Equipment - This includes out-of-date certification of testing equipment by the DHS

Stopped Without Probable Cause - Law enforcement must have probable cause to stop any vehicle.

Not Operating the Vehicle (No Actual Physical Control) - The driver must be in the act of operating the vehicle, not just sitting in it.

Violation of Civil Rights - You have the right to speak with attorney if you ask law enforcement to speak with one. Any delay could be a violation of your civil rights.

The Super Bowl is no doubt one of the biggest celebrations held each year in America. It's a great reason to get together and party, and an opportunity to visit somewhere new. Those lucky enough to attend shouldn't have to worry about their vacation being ruined by a DUI arrest. Educate yourself on safe methods of transportation to and from the game as well as legal places to consume alcohol.

This article is provided by Scottsdale DUI Lawyer, David Michael Cantor. David has been licensed to practice law in Arizona for over 25 years and is a Certified Criminal Law Specialist by the Arizona Board of Legal Specialization. For more information about Arizona DUI see his website:

District fire chief faces driving under the influence charges

  • 24
  • December

There are many reasons why drunk driving is strictly prohibited all over the United States, including in Florida. First, drunk drivers are prone to errors, endangering their lives and other people's lives as well. Second, drunk drivers often drive too slow or too fast, which is a common cause of motor vehicle crashes. All drivers need to understand that they can be pulled over if there is probable cause or a sign that they are intoxicated. Suspected drunk drivers are likely to face charges that can lead to serious repercussions.

In Clay County, Florida, a 44-year-old district chief of the Jacksonville Fire and Rescue Department was recently arrested on DUI charges after his vehicle was found in a ditch. Based on a report, the suspected drunk driver had difficulty following directions during field sobriety tests. The district chief had 0.313 and 0.339 percent blood alcohol content levels at the time of the arrest. Following the man's arrest, he was assigned to an administrative role.

Florida couple faces theft charges

  • 18
  • December

Theft crimes can range from minor criminal offenses such as shoplifting to serious offenses like grand theft and fraud. Taking someone else's property with the intent to deprive that person of the property is called theft. In Orland, Florida, it is a common knowledge that theft charges depend on the nature of the offense. Some theft offenses fall into misdemeanor category while others are felony offenses. People who are charged with theft need to determine the nature of their offenses so they can build a solid criminal defense.

In Keystone Heights, Florida, a 23-year-old woman and 24-year-old man are facing serious theft charges after they allegedly faked documents to claim a $1 million house. Based on a report, authorities received information about a man who presented forged documents to a real estate agent. The agent told authorities that the house was already sold to another couple. The young couple was charged with forgery and grand theft charges.

Child Porn sting Nets 16 Arrests in Central Florida

  • 15
  • December

Over a dozen people have been arrested and for child pornography in central Florida from a sting operation put on by the FDLE (Florida Department of Law Enforcement).

FDL office Danny Banks who is the special agent in charge of the FDLE office in Orlando confirmed the investigation resulted in 12 search warrants, 16 arrests and currently one suspect remains at large.

"For the past month, cyber task force agents have increased vigilance and investigative activities, watching for criminals who target our community's children for pornography and online sexual activity," he said.

The charges ranged from possession and distribution of child pornography as well as probation violations and drug offenses.

Operation Cyber Claws

"Operation Cyber Claws," the name of the child sex sting operation included 15 jurisdictions and several local law enforcement agencies, including the sheriff's departments from Orange, Brevard, Osceola and Seminole counties. Banks said investigators checked on 39 previously-convicted offenders, some of whom were not obeying court-ordered restrictions.

According to special agent Banks the operation "was intended to make two statements."

"One, to the families and children in Central Florida, our message is: Happy holidays, your streets are a little bit safer today," he said. "The second message is to the people who prey on the innocence of children in our community. We are watching, we are aggressively looking and we are coming for you next."

Among those arrested were employees of Universal Orlando and Seminole State College, Banks said.

What are the consequences of commercial drunk driving?

  • 11
  • December

Drunk driving cases are common in Orlando, Florida. Drivers who have consumed a little or a lot of alcohol can be charged with drunk driving, if they get pulled over and the officer believes that the driver is intoxicated. A series of sobriety and blood-alcohol level tests may ensue to confirm police suspicions. Readers should understand that passenger vehicle drivers may face different penalties compared to commercial vehicle drivers of trucks or cars when it comes to drunk driving.

If a commercial vehicle driver refuses a breath test or is convicted of any drunk driving offense, the driver will be disqualified from operating a commercial vehicle for one year. Subsequent offenses can lead to permanent disqualification from operating a commercial vehicle.

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