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Criminal Defense

Criminal Defense

Recent Posts in Criminal Defense Category

  • What Are Misdemeanor Crimes in Florida?

    Every state in the U.S. classifies crimes into one of two categories: misdemeanors and felonies. Within these categories, there are subcategories based on the severity of the crime. Types of Misdemeanor Offenses A misdemeanor offense is generally classified as a ‘crime of mischief’ or an incident where there is a lack of violence. Examples of misdemeanor crimes include: petit theft; DUI; ...
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  • What’s the Difference Between Burglary and Robbery?

    Robbery vs Burglary Many people use "burglary" and "robbery" interchangeably when speaking about a theft crime, however, they are actually different crimes. Robbery refers to the act of theft while using force or the threat of force. Whereas burglary refers to when a person enters a building with the intention of committing a crime. Burglary A burglary happens when a person enters a home, ...
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  • What Is the Difference Between Sealing and Expunging Criminal Records?

    Anyone can make a bad decision and end up with a criminal record; even a small infraction can stay on your record for the rest of your life. This can create problems when you look for employment, a place to live, or even register for higher education. However, there are a few ways to have your record sealed or expunged. When a record is sealed, it is restricted from public view; only a certain ...
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  • Petit Theft vs. Grand Theft

    Theft is the unauthorized taking or use of another person’s property. In Florida, if found guilty of this action, there are two main types of theft a person could be charged with. Depending on the worth of the item(s) stolen, a person can be charged with either petit theft or grand theft. Petit theft holds less severe punishments, as it is considered a misdemeanor. If a person is charged with ...
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  • Marijuana Charges in Clearwater

    Across the country, there has been a lot happening in regard to marijuana reform. Some states, such as California, Colorado, and Nevada, have virtually decriminalized marijuana possession for recreational use. However, just because some states are decriminalizing pot and edibles, that doesn’t mean it’s legal in all states. Florida, along with states, such as Arizona, Texas, and Utah, still has ...
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  • What Are the Penalties for a Second DUI in Florida?

    In all 50 states, it’s against the law to drive a vehicle while under the influence (DUI) of alcohol, illegal drugs, and even lawfully prescribed medications. While it’s illegal to drive with a blood alcohol level (BAL) of .08% or above, a lot of Floridians don’t realize that they can actually be arrested for, and convicted of DUI if their BAL is under the .08% legal limit. All that the state has ...
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  • How Domestic Battery Accusations Can Affect Your Divorce

    No rational person believes that domestic violence should go unpunished. Abuse between partners and spouses is a terrible thing, and deserves to be prosecuted to the fullest extent of the law. Yet what if you have been accused without committing the crime? In the state of Florida, a conviction for domestic battery can have serious consequences on virtually every aspect of your life. If your ...
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  • What Constitutes a White Collar Crime?

    Although you have probably heard the term “white collar crime” before, you may not fully understand what it means. When you think of a white collar criminal, there’s a good chance you will conjure up images of Wall Street tycoons. However, while this depiction does capture part of what white collar crime is, it does not fully encapsulate the larger meaning. In the broadest sense possible, white ...
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  • Can a DUI Be Charged as a Felony?

    A DUI is a serious legal matter regardless of the circumstances. But did you know that in some cases, a DUI can actually result in felony charges? Learn the difference between regular and felony DUIs here, and contact a Clearwater criminal defense attorney at Tinny, Meyer & Piccarreto, P.A. for all your legal defense needs. What Constitutes a Felony DUI In the state of Florida, a charge of DUI, or ...
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  • How Does Implied Consent Law Relate to DUI Cases?

    While many Floridians are unfamiliar with it, the sunshine state’s “implied consent” law sets an important legal precedent for DUI cases . While it’s best to avoid drinking and driving at all costs, being aware of laws like this and understanding your rights can make all the difference in the event you get charged with a DUI. Read our blog to learn what you need to know, and make sure to call a ...
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  • Florida Cannabis Laws

    Whether it’s for recreational or medicinal purposes, many states throughout the country have legalized some form of marijuana. In 2016, Florida voters passed Amendment 2 which enables those suffering from certain types of medical conditions (e.g. cancer, PTSD, ALS, HIV/AIDS, glaucoma, epilepsy, etc.) to use medical cannabis. However, recreational use and sale of pot are still considered illegal in ...
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  • What You Should Know About Your Miranda Rights

    Most people know about the concept of Miranda Rights, or the Miranda warning. Because much of what most people know may come from film and television, it’s important to take a closer look at what Miranda Rights are, and why they matter when it comes to criminal law. Where they come from – Miranda Rights stem from a 1966 U.S. Supreme Court Ruling in Miranda v. Arizona . In that case, the Supreme ...
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  • Self-Defense Laws in Florida

    If you have been accused of or arrested for allegedly committing a serious violent crime, one of the main defenses available in Florida is self-defense. Such a claim aims to prove that force was necessary to prevent another person's impending use of illegal force. Florida self-defense laws permit the use of non-deadly force when a person finds it "reasonably necessary" to prevent another person's ...
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  • Can I Get a FL DUI Pleaded Down to Wet Reckless?

    A DUI charge in Florida can result in serious penalties, including jail time, license suspension, and fines. Furthermore, having a DUI conviction on your criminal record can limit your employment and educational opportunities. Fortunately, a motorist who’s accused of drunk driving may have an opportunity to plea bargain for a “wet reckless” charge. Wet reckless means a plea deal that turns a DUI ...
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  • Florida's Underage Drinking Law

    Underage drinking is not only a serious public health problem in the United States, it can also result in jail, probation, and a permanent criminal record if arrested and charged. In Florida, it is illegal for a person under the age of 21 to possess or drink an alcoholic beverage. There are also legal consequences for anyone who provides alcohol to minors. Here’s what you should know about ...
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  • What Is the Florida RICO Act?

    Passed in 1970, the federal Racketeer Influenced and Corrupt Organizations Act (RICO) makes it a crime for a criminal organization or enterprise to receive income through a pattern of racketeering activity or collection of unlawful debts. Florida's RICO Act closely mirrors the federal RICO Act, although there are slight differences. Here’s what you need to know. What Is Racketeering? The term ...
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  • How to Fight a Field Sobriety Test

    Field sobriety tests are used to determine whether you have exceeded the legal amount of alcohol consumption, and generally regarded as reliable in their use against you to convict you of driving under the influence. Unfortunately these tests are often incorrectly administered, or even administered in faulty conditions which may significantly alter results to the benefit of the courts. The ...
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  • Defenses for Driving on a Suspended License

    Driving without a driver’s license can result in some pretty serious consequences. In Florida, you can be arrested, your car can be impounded, and you could suffer a criminal conviction. Driving on a suspended license is not an infraction like a speeding ticket. It’s a crime that is taken very seriously by prosecutors and judges alike. Driving on a Suspended License Your driver's license can be ...
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  • When Does Borrowing Become Stealing?

    Odds are you’ve borrowed something and forgotten to give it back. While pens, lighters, and books are one thing, keeping something that’s worth a considerable amount can get you in trouble. However, from a legal perspective, in order to be accused of stealing, or theft, it must be proven that you had the intent to never return the item to its rightful owner. Role of Intent Under criminal law, the ...
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  • How to Get Your License Back After a DUI

    Losing your driver’s license is just one of the many consequences you face after a driving under the influence arrest. Without a license, you’ll no longer be able to drop off your kids at school, drive to work or run any number of errands. Let’s take a look at what you need to do to get your driver’s license back after a DUI arrest. First DUI Conviction A first time offense can result in a ...
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  • Are Field Sobriety Tests Accurate?

    A field sobriety test is a series of physical tasks and actions that a person will need to perform if they are suspected of driving under the influence. But are such tests scientifically accurate? In this bog, we walk you through the many flaws that field sobriety tests have. What Is a Field Sobriety Test? Field sobriety tests usually include things like making a suspect walk in a straight line or ...
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  • Will My Child Be Tried in Juvenile or Adult Court?

    Florida is actually the state with the highest number of minors charged as adults. According to the Human Rights Watch, 98% of juveniles who end up in adult courts do so because of Florida’s direct file statute. This statute allows prosecutors to move a minor’s case from juvenile to adult court without consulting a judge, unlike in other states. If your child is facing a serious charge, he or she ...
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  • Statute of Limitations for Criminal Charges in Florida

    In most states, prosecutors have a time limit for filing criminal charges against a citizen. This time limit is called a statute of limitations. After the statute of limitation has passed, prosecutor can no longer bring charges against you. They can also vary depending on the crime. Keep in mind that the statute doesn’t count if you are out of state or otherwise evading law enforcement. According ...
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  • Felonies vs. Misdemeanors

    You may have heard the terms felony and misdemeanor thrown around on TV or heard them on the street. However, not many people really know the difference between the two. According to Florida law, felonies are much more severe crimes than misdemeanors. They usually come with severe punishments and longer prison sentences. Felony offenses can only be handled by circuit court judges and are ...
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