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Orlando, Florida Criminal Defense Blog

We can be your shield in your fight against criminal charges

  • 17
  • October
    2014

Laws are made to maintain peace and order in the community. Central Florida readers are aware that each criminal offense can bring various consequences such as probation, fines, mandatory minimum sentences, and other penalties. If convicted, some severe criminal offenses can leave a permanent dent on your record. The good news is that anyone accused of a criminal offense has the right to tell his or her side of the story in an effort to prove his or her innocence of the criminal allegations.

Our Orlando criminal defense lawyers understand the intricate details of each criminal charge. We have handled numerous cases ranging from theft and drug offenses to sex crimes and other serious criminal offenses. Following criminal charges, there is always hope. By using an aggressive approach and a resilient criminal defense, an accused person can have a second chance if the charges are reduced or dropped, or the case is dismissed.

Synthetic Drug Charges Dropped Against Seminole County Liquor Store Owner

  • 14
  • October
    2014

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Prosecutors have dropped the charges against a Casselberry liquor store that was raided for supposedly selling illegal synthetic drugs. After seizing hundreds of packets of what was thought to be synthetic marijuana back in January, only two tested positive for illegal substances.

Store owner Doug Markovitz was charged for selling synthetic marijuana, but after producing paperwork from the supplier saying the products were legitimate, prosecutors dropped the case.

"We had the feeling, you know, deep in our gut that it was going to get dropped because we were not doing anything illegal," said Doug's brother, Brad Markovitz, who also works at the store.

Since 2012, legislature has cracked down on illegal synthetic drugs by banning hundreds of different chemical combinations. Florida law has made it a third degree felony to manufacturing, sell or possess synthetic drugs which is punishable by up to five years in prison and a $5,000 fine.

After all the trouble the store has gone through, Brad Markovitz said he wants nothing to with those products again. Since the raid, the brothers have been trying to repair the stores damaged reputation.

Source: http://www.wftv.com/news/news/local/prosecutors-drop-synthetic-drug-charges-case-again/nhgZt/

Gas station's daily customer faces robbery and theft charges

  • 10
  • October
    2014

Theft is the act of taking another person's property with the intention of depriving the victim of that property. Orlando, Florida, readers may be interested to learn the differences between some of the different types of theft such as burglary and robbery. Burglary refers to entering someone else's property and taking something inside that property, while robbery is the act of taking someone else's property with the use of force or weapon.

Theft charges vary. For example, a person accused of shoplifting may face petty theft charge while a person accused of stealing a car can be charged with grand theft.

Five of The Craziest Reasons to Get Arrested at a Tailgate

  • 09
  • October
    2014

Woman_in_Custody_at_Dolphins_Game.jpgWe are officially in the throes of football season in America. While students and fans enjoy open alcohol container policies across college campuses and tailgate lots there is always a small group of people who seem to take the party too far. Here are five people who should have just stayed home on game day.

1.  Game of Drones: A university of Texas student was arrested on September 9th for flying a drone over the football stadium during a game. Police reported a second drone being flown during the game but the owner of that one cooperated with police so no charges were filed. I wonder what the charge is for flying a drone while under the influence. Click here to read more...

2.  Urine for it now: In 2008 during the Indiana vs. Ball State game an Indiana fan was arrested for urinating in a cup and was purportedly going to throw it on Ball State fans. After an usher smelled the cup and reported the liquid did in fact smell like urine authorities were called to the scene. Click here to read more...

3.  I have a Streaking Suspicion: In 2012 a Texas Tech football fan was arrested for streaking during the game. Oddly enough, alcohol was said to have not played a factor in this one. Click here to read more...

4.  Chug this or you don't get an allowance: In September of this year a Tennessee Volunteers fan forced his 15 year old son to binge drink during a game against Oklahoma. The 15 year old was found passed on the floor. Click here to read more...

5. Dog keg stand (No Pun needed here): According to Time Warner Cable News, a man attending an off campus party at the College of Brockport: State University of New York was photographed making a dog do a keg stand. After the picture was posted on the twitter account @SUNYPartyStory police began an investigation for animal abuse. As it turns out the dog didn't even belong to the accused and had been stolen from its owner. Click here to read more...

13 People Arrested in Polk County Sex-Sting

  • 03
  • October
    2014

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Polk County Sherriff's deputies ended a successful sex-sting operation on Thursday after arresting 13 people. Of those arrested for soliciting prostitution, nine were married, one had cocaine and a baby, while another was scheduled to report to prison on Friday.

Polk County Sherriff's Deputy Grady Judd made a statement about the arrests, stating, "Crack cocaine was found in the car with an infant in the back seat, and one suspect celebrated his birthday by getting arrested. We just can't make this stuff up."

The owner of that car, Furious Shell, was charged with possession of cocaine, possession of paraphernalia, soliciting for prostitution and additional failure to appear warrants from previous arrests.

Kevin Hobby, the driver and man scheduled to report to prison, was arrested in July of 2013 for human trafficking charges and has been required to wear a GPS monitoring device since. He is now charged with possession of cocaine, possession of drug paraphernalia, and driving with a suspended or revoked license.

Detectives decided to work undercover after receiving information about possible solicitation activity in the Inwood and Lake Ida areas of Polk County. Detectives focused on males who were soliciting females for sex.

Don't Drink and Jog: College Student Arrested for Jogging Drunk

  • 02
  • October
    2014

According to a Lower Saucon police report James Finan a DeSales University student was arrested last Saturday morning for jogging while intoxicated.

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James Finan who is a business major was observed running along Route 378 in Lower Saucon in the early morning hours on Saturday. Police stopped him after "some vehicles were observed to take defensive maneuvers to avoid Finan."

Saucon Police reported that upon speaking with the officers "Finan smelled of alcohol and was unsteady on his feet."

According to lehighvalleylive the student was charged with public drunkenness after registering a blood alcohol level of 0.19, with the legal limit being .08.

Maybe after a hard night of drinking he just couldn't wait to burn off those beer calories or maybe he was training to take down this guy.

Michael Phelp's DUI Arrest Told Through Gifs

  • 01
  • October
    2014

Maryland police confirmed the arrest of Michael Phelps early Tuesday morning for driving under the influence. Phelps was pulled over by Maryland Transportation Authority police at 1:40 a.m. on Tuesday outside the Fort McHenry Tunnel on Interstate-95. This is his story told through gifs. Remember, if you get arrested for driving while under the influence be sure to get an experienced Orlando dui lawyer.



Tuesday Morning

A Maryland Transportation Authority (MDTA) Police Officer operating stationary radar device on southbound I-395 leaving Baltimore City clocked a White 2014 Land Rover going in excesses of 84 mph in a 45 mph zone.



The Officer followed the vehicle onto northbound I-95 and initiated a stop. Michael Phelps was identified as the driver by his driver's license and appeared to be under the influence.



Mr. Phelps was unable to satisfactorily perfom a series of field sobriety tests. The statement says the officer administered field sobriety tests to Phelps. Asked to do a one-leg stand, the statement says, "the operator stated 'that's not happening.'"



Mr. Phelps was then taken to jail but was cooperative throughout the process.

funny gifs



Authorities reported that Phelps also failed a Breathalyzer test, but would not confirm the results. Phelps was later released.

This is the second time Phelps has been charged with a DUI. The first charge came in 2004, when Phelps was 19.

What are the mandatory sentences for drug trafficking in Florida?

  • 01
  • October
    2014

In Florida, where drug crimes are more common, local residents may have heard about various drug offenses, including drug possession and drug trafficking. These two common types of charges carry unique penalties. If you were charged with drug possession, this could mean that authorities discovered or found an ample amount of drugs in your possession. When it comes to drug trafficking charges, authorities may have confiscated a large quantity of prohibited substance and they believe that you intended to distribute or sell the illegal drug.

There are mandatory sentences for those accused of drug trafficking. It is important to understand that the sentence depends on the type of drug confiscated and the quantity. If you were caught with more than 25 pounds of marijuana or 300 cannabis plants, you can be charged with trafficking in cannabis -- a first degree felony. If the confiscated cannabis is between 25 to 2,000 pounds, the defendant can be sentenced to a minimum of three years and fined $25,000. If the total weight of confiscated cannabis is between 2,000 to 10,000 pounds, you can be sent to prison for seven years and fined $50,000. If the confiscated cannabis weighs more than 10,000 pounds, you may be fined $200,000 and sentenced to a minimum of 15 years of jail time.

4 Costumes That Are Sure to Get You Arrested this Halloween

  • 01
  • October
    2014

Thinking of joining the many Americans who will be donning costumes this Halloween, well be careful what you wear or you'll be spending All Hallows' Eve in lock-up. That's right, sporting the wrong garbs this Halloween may give your friendly neighborhood police officers probable cause to book you for a slew of reasons ranging from trademark infringement to public indecency. So, in order to avoid an unwanted arrest record this Halloween we here at the Umansky Law Firm have a few tips that should help you with picking an appropriate get-up that won't get you thrown in the slammer.




1. Super-Heroes.
From Times Square to L.A., individuals wearing super-hero costumes are being arrested for trademark infringement. Apparently, while it is not illegal to wear these costumes per se, it is illegal to make a buck off of the trademarked intellectual property of companies like Marvel and Disney. Furthermore, according to RAWJUSTICE.com, there have also been cases of individuals who were not pan-handling being arrested for the same reason. So, be careful where you get your picture taken because you could be accused of infringing on trademarked property.




2. Law Enforcement Officer. It may be true that some love a man/woman in uniform, but this Halloween we recommend that you skip over anything resembling a police officer or other government agent. Believe it or not, wearing such disguises will get you arrested and possibly charged with Impersonating a Government Agent: a 3rd degree felony.




3. Culturally Insensitive/Terrorist Costumes. This one is a no brainer. Given the sensitivity of this issue, to sport a costume that remotely resembles a "terrorist" is simply asking for trouble. Furthermore, wearing cultural costumes like "burqas" (traditional Muslim garb worn by women) may seem like a hilarious idea, but if your costume insights any sort of public backlash or uproar, you can be arrested for disturbing the peace. All we can say is just don't do it.




4. Morally Questionable. Lastly, when deciding what costume you'll wear this Halloween ask yourself some important questions: "is this costume a bit much? or not enough?". Costumes that don't leave enough to the imagination (like Niki Minaj's infamous dominatrix outfit warning NSFW) will most definitely get you arrested for public indecency. Remember ladies (and gentlemen); while it may be a night to throw cares to the wind, it doesn't give you license to show everything your mama gave ya'.




And so, this year when you are perusing the isles of your local costume shop keep in mind that what you wear this Halloween could possibly get you thrown in jail. However, should you remember these helpful tips then you will assuredly have yourself a fun and arrest-free All Hallows' Eve.




Law Enforcement Cracking Down on DUI's in Central Florida

  • 26
  • September
    2014

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According to a report released Tuesday afternoon 668 people were arrested for DUI by the Orange County Sheriff's Office which represents an increase of 4 percent for the same time period last year.

The increase in arrests is part of a larger crackdown by the OCSO in the central Florida region. Currently, the major focus of the OCSO's DUI unit is East Orange County which includes the University of Central Florida.

The UCF Police department which recorded 70 DUI arrests last year has taken a strict approach to the increase in arrests. UCF Police Chief Richard Beary believes there is a greater lesson for students to learn that goes beyond just being arrested. 'It's not just about getting arrested. It's not just about getting a record. It's about taking another human's life. It's about putting someone in a wheelchair for the rest of their life." said Beary.

Just like anyone else arrested for DUI students can possibly serve jail time or probation, have their driver's license suspender and pay large fines. However, college students can also loans or grants revoked and possibly get kicked out of school.

With the recent increase in DUI arrests, students can expect elevated law enforcement presence throughout the greater Orlando and Central Florida area. The consequences of a DUI conviction can are severe, but despite knowing that many more students will be arrested for drunk driving.

Orange County had the most DUIs last year with just over 3,000 or about 25 DUIs for every 10,000 residents. However, Brevard County had the highest rate of DUI arrests with about 31 for every 10,000 residents.

Seminole County had the lowest amount of arrests for its population with a total of 628 or 15 for every 10,000 county residents. Volusia County had 1,110 arrests and Osceola County reported 621 DUI arrests. Both counties have an arrest rate of 22 arrests per 10,000 residents.

Lake County had a slightly higher arrest rate of 26 arrests per 10,000 residents and reported a total of 793 arrests.

Daytona beach Shores the highest rate of DUI arrests per population. The department reported 69 arrests for a population of just 4,258 residents, arrested 69 By comparison; Ormond Beach also had 69 DUI arrests with a population of 38,376.

Stephen Dembinsky the Public Safety Director of Daytona Beach Shores credits the high arrest to the unique public safety model at his department and not an increase in drunk drivers on the road.

"Every police officer you see on street is also a firefighter and has all his gear with him," Dembinksy said. "So I have twice as many police officers on the street or twice as many firefighters on the street.

"Dembinksy said the law enforcement agencies in Volusia County work hard to keep drunk drivers off the streets, and stressed that "a small town like this wouldn't have this many officers on the street if it wasn't for the public safety model."

Source: http://m.clickorlando.com/news/dui-arrests-on-the-rise-in-central-florida/28226156

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