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Emojis As Evidence In Criminal Cases

By William Wallshein P.A. |

People who are old enough to remember face to face communication and real time phone conversations can tell you how frustrating it is to communicate by text message.  The same words can have multiple meanings depending on context, and when someone is texting you, you cannot rely on the person’s tone of voice or… Read More »

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Can Young Adults Catch A Break In The Criminal Justice System?

By William Wallshein P.A. |

The law gives judges a range of possible sentences to hand down for each offense of which a defendant might get convicted.  Likewise, if the jury convicts the defendant of several separate offenses that each carry prison time, such as wire fraud and drug possession with intent to deliver, the judge might order the… Read More »

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To Prevent LSD Freakouts, Florida Lawmakers Go After Spores

By William Wallshein P.A. |

Last summer, two boys from Indian River County, ages 12 and 14, went to the emergency room because they were experiencing psychotic symptoms.  The boys had ingested hallucinogenic edibles, sold under the pretense that they contained psilocybin, a hallucinogenic compound found in psilocybin mushrooms.  When police tested the edibles in the crime lab, though,… Read More »

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Proposed Legislation Targets Nonconsensual Sharing Of Sexually Explicit Deepfakes

By William Wallshein P.A. |

Whether sexually themed content is offensive or harmless fun depends on context.  We can get drunk at a party, laugh uproariously at off-color jokes, and play strip poker, but if the people at the table next to us were behaving in such a manner while we were trying to have a serious conversation with… Read More »

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You Can Go Free On Bond Even After A Guilty Verdict

By William Wallshein P.A. |

Last week was an emotional and financial rollercoaster for Kisean Anderson, a South Florida recording artist known by his stage name Sean Kingston.  Anderson and his mother faced trial after pleading not guilty to wire fraud charges after prosecutors alleged that they defrauded businesses out of hundreds of thousands of dollars’ worth of luxury… Read More »

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Possession

The Three Ps Of Drug Possession

By William Wallshein P.A. |

Peace officers make almost two million drug arrests every year. 80 percent of these arrests are for simple possession. Field officers often believe that, since these arrests are easy to make, the cases are easy to prove in court. But as outlined below, that belief is seriously misguided. Prosecutors must establish three elements, two… Read More »

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PiggyBankSwiss

Are Swiss Bank Accounts A Red Flag For Fraud, Or Is The IRS Just Jealous?

By William Wallshein P.A. |

It isn’t just your imagination if you think that ordinary people like us pay dearly for minor breaches of the rules, while the wealthy brazenly act like the laws of nations do not apply to them.  Swiss bank accounts are a powerful symbol of this.  People who can afford to do so stash their… Read More »

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Bedsore

Man Faces Manslaughter Charges After Elderly Father Dies Of Neglect

By William Wallshein P.A. |

Neglect of elderly, infirm people often results in legal investigations, but only in the most severe cases does someone get criminal charges for manslaughter.  Providing adequate care for a medically vulnerable person is difficult when you have limited resources, and emotional burnout only makes it worse.  This problem can happen in nursing homes or… Read More »

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DUI_Test

What Are The 3 Standard Field Sobriety Tests?

By William Wallshein P.A. |

The National Highway Traffic Safety Administration has approved the three sobriety tests discussed in this post for use in DUI arrests. Officers often administer tests, such as Romberg’s balance test (the head back, eyes closed finger-to-nose test). Horizontal Gaze Nystagmus The DUI eye test accurately determines if the subject has nystagmus. However, police officers… Read More »

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How Does Probation Work In Florida?

By William Wallshein P.A. |

In a nutshell, probation in Florida is supervised release. Contrary to popular myth, probation is not a “slap on the wrist.” The conditions are so restrictive that being on probation isn’t much different than serving time in jail, except the cell is bigger and unlimited visitors are allowed. Additionally, because the conditions are so… Read More »

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