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Recent Blog Posts

Active and Passive Effort in the Transformation of Non-Marital Property into Marital Property

By William Wallshein P.A. |

When two people get married, they not only join themselves to each other, but every aspect of their life fuses. This includes marital property, unless the couple otherwise designates that certain assets are individual and should remain separate. If you and your partner are getting married, it is important to speak with an experienced… Read More »

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ABA Looks to Enforce the Inclusion of Miranda Warnings in Other Languages in Police and Law Enforcement Policies

By William Wallshein P.A. |

In the United States, citizens enjoy findamental rights, as outlined in the Constitution. The purpose of the Bill of Rights was to ensure that all citizens were aware of their fundamental rights as citizens and the role that the Government was permitted to have in their lives. Case law has helped in determining the… Read More »

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New Florida Law Prosecutes Fentanyl Dealers as Murderers

By William Wallshein P.A. |

A new Florida law that went into effect on October 1, 2017, now classifies drug dealers who peddle fentanyl under the trafficking and murder statutes. The first-degree murder section now includes verbiage related to adults who sell a lethal dose of fentanyl. This means a dealer who is convicted of first degree murder for… Read More »

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The Future of Deportation, Ineffective Assistance, and Plea Deals to Be Reviewed by the United States Supreme Court

By William Wallshein P.A. |

Dec 22, 2016 In the United States, we have structured our criminal justice system to be adversarial, meaning when a criminal defendant is brought in for trial, it is this defendant against the government. In a trial in which the defendant violated state law, the adversary would be the state, whereas if the defendant… Read More »

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Miranda Rights in Florida

By William Wallshein P.A. |

Aug 12, 2015 Anyone who is arrested in the United States has Miranda rights. This means that they must be advised of their Fifth and Sixth Amendment rights against self-incrimination and to have legal counsel available at the time of questioning. The Miranda Warning The term originated in 1966 U.S. Supreme Court case, Miranda… Read More »

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Conspiracy and Drug Offenses

By William Wallshein P.A. |

Aug 12, 2015 In Florida, in addition to being charged with a criminal offense such as theft or drug trafficking, a person can be charged with conspiracy to commit the crime. Conspiracy means plotting with one or more people to commit a criminal offense. Florida’s drug crimes statute specifically includes a provision addressing and… Read More »

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Loitering or Prowling

By William Wallshein P.A. |

Aug 04, 2015 In Florida, it is unlawful to act in an unusual or suspicious manner, causing a police officer to suspect that you are about to commit a crime. The facts of the case must reasonably create alarm and concern that the offender’s actions are an imminent threat to the public safety. The… Read More »

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Criminal Trespass

By William Wallshein P.A. |

Aug 04, 2015 In Florida, a person commits criminal trespass when he or she enters another’s property or remains on the property without the owner’s permission. A key requirement of trespass is that the person had notice that he or she was not supposed to be on the property, yet entered or remained on… Read More »

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Sexual Battery

By William Wallshein P.A. |

July 28, 2015 In Florida, assaults that are sexual in nature are punishable under the state’s sexual battery statute. A conviction for sexual battery can have lifelong consequences for both the victim and defendant, so it is vital that all parties have a sound understanding of the law in this area. If you have… Read More »

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Violating a Release on Recognizance

By William Wallshein P.A. |

July 20, 2015 Release on recognizance is an option offered to certain defendants, enabling them to avoid jail time while they wait for their first hearing without being required to post bail. Release on recognizance requires that defendants offer a written promise to the court agreeing to appear in court when ordered and to… Read More »

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