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Category Archives: Criminal Law

DUI Without Driving

By William Wallshein P.A. |

May 11, 2015 Driving under the influence is a serious crime in Florida. This makes sense, because driving while impaired by drugs or alcohol puts others’ safety and lives at risk. However, you do not actually have to be driving to be convicted of a DUI. Driving Under the Influence Florida law provides that… Read More »

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Prostitution Bill Passes Both House and Senate

By William Wallshein P.A. |

May 4, 2015 Prostitution is a criminal offense in Florida, but visiting a prostitute is also a crime, and may soon become a more serious one. A bill increasing sentences for soliciting a prostitute has been passed unanimously by both the Florida House and Senate. The goal of the increased sentences is to crack… Read More »

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Refusing a Breathalyzer

By William Wallshein P.A. |

April 30, 2015 Patricia Ebels, of Naples, a bikini-clad 49-year-old grandmother, was arrested for driving under the influence after rear ending a car stopped at a traffic light. She and her 10-year-old grandson were not injured, but the driver of the other car was taken to the hospital with non-life-threatening injuries. At the scene… Read More »

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Juvenile Restitution Bill

By William Wallshein P.A. |

April 28, 2015 Under Florida law, victims of crimes have a right to restitution from the people who commit crimes against them. Restitution is the repayment, whether in money or in kind, of the costs and injuries that a crime caused, directly or indirectly. Both adult and juvenile offenders must pay restitution. What Is… Read More »

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Bill to Expand Juvenile Diversion

By William Wallshein P.A. |

April 22, 2015 Juveniles often make foolish choices. Unfortunately, sometimes those choices involve illegal activities and lead to encounters with the law. A criminal record can be seriously detrimental to a young person. But under Florida law, law enforcement officers may issue civil citations to juveniles who have committed first-offense misdemeanors, instead of arresting… Read More »

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What Do Grand Juries Do?

By William Wallshein P.A. |

April 17, 2015 A grand jury is an agency of the court, composed of 15 to 21 citizens. They determine whether there is probable cause in a criminal case, and if they find that there is probable cause, they indict, or formally accuse, the suspect. Grand juries may also report on the public welfare,… Read More »

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What Is a Grand Jury?

By William Wallshein P.A. |

April 15, 2015 Marc Wabafiyebazu, a Canadian diplomat’s son, was arrested recently after a shooting. The 15-year-old and his 17-year-old brother called drug dealers to buy two pounds of marijuana. A shootout followed, during which the older brother and a 17-year-old suspected drug dealer were killed. A grand jury will convene to determine whether… Read More »

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Florida’s Motor Vehicle Theft Laws

By William Wallshein P.A. |

April 9, 2015 Police in St. Petersburg have recently warned citizens to lock up their cars and valuables because of a recent rash of car thefts. Police attributed the thefts to students on spring break. In one recent weekend, there were 18 auto thefts and 44 auto burglaries, which is approximately double the numbers… Read More »

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Slungshot Legalization Makes Headway in Florida

By William Wallshein P.A. |

April 7, 2015 In Florida, the rise in popularity of the slungshot has made the legislature reconsider the law making it illegal to carry concealed slungshots. A slungshot is a length of rope, the end of which is knotted over a weight such as a steel ball or rock. Traditionally, sailors used them to… Read More »

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The Exclusionary Rule of Search and Seizure: An Overview

By William Wallshein P.A. |

April 2, 2015 The prohibition against unlawful search and seizure is fundamental to our country’s justice system. Both the U.S. and the Florida Constitutions guarantee freedom from unreasonable searches and seizures by law enforcement officers. Sometimes, however, police officers and other officials violate this rule, and sometimes that leads to the discovery of evidence that would not… Read More »

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