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Florida Legal Blog

How to fight a DUI in court?

Fighting your DUI charges means that you will be revealing the flaws in the prosecution's depiction of the facts. The defense strategies you choose will depend on the variety of factors that led to the police officer's decision to pull you over, the results of your field sobriety and Breathalyzer test and other pieces of evidence.

Although no two drunk driving defenses will ever be the same, there are several defenses that DUI attorneys use whenever the opportunity arises because – if the technique applies to the situation – it can work with a high degree of success. Do you think one of the following common defenses could work in your case?

2 defenses against murder charges

The most serious crime that anyone can be accused of is murder. Nevertheless, even if you are charged with this crime, you will still have the right to defend yourself. Furthermore, you will not be found guilty of the offense -- nor punished -- until, and only if, you are proved to be guilty beyond a reasonable doubt. Until this occurs, you may want to employ one of the following two defenses:

The defense of self defense: When it comes to a case of someone dying, if prosecutors have accused someone of intentionally committing murder, one common response involves the defense of "justified homicide." With justified homicide, the defendant may try to claim that he or she was acting in self defense, and that the person who died was actually trying to cause him or her grave harm. In order for the defense of self-defense to work, accused persons will need to be able to show that they employed a justified amount of force that was proportional to the perceived level of threat.

3 common divorce dilemmas

The decision to go through with a divorce is one of the hardest life decisions that any Florida resident will ever have to make. Nevertheless, it's a necessary one in many cases if we want to take the steps required for happiness in life.

There is also the other side of the divorce equation -- when the decision is not your own but you must follow through with it because it's what your spouse wants. Let's take a look at both of these divorce dilemmas as well as a third one, when you don't want a divorce but it's the only decision you can make.

Criminal law: Coaching a defendant before trial

Most Florida residents have never been through a criminal trial before. As such, they may not know what to expect in the process if they have to go to court to defend themselves against criminal charges.

Will they have to speak in front of the judge and jury? What will they say? Is there anything they should or shouldn't say, and how should they comport themselves?

20-year-old rap star arrested in Florida

A 20-year-old rap star has been arrested in Florida on drug and gun charges. The rapper, Kodak Black, was taken into custody by authorities in south Florida last on a recent Thursday. Police charged him with a total of seven felony violations.

The rapper, who hails from Pembroke Pines, was being held at the Broward County Jail as of last reports. The charges he faces include: grand theft of a firearm, marijuana possession, probation violation, child neglect and possession of a weapon by someone convicted of a felony.

Florida and marijuana cultivation laws

Federal law prohibits the cultivation of marijuana plants, no matter if the cultivation is for illegal recreation or for the purposes of growing medical marijuana. However, in Florida, state licenses are being issued to allow medical pot growers to cultivate marijuana for consumption by people who qualify to benefit from the drug in a medical capacity.

It's important for everyone to remember that just because the state allows the cultivation of medical marijuana by licensed organizations, it does not mean that people can grow the drug on their own for either medical or recreational purposes. It's also important to note that marijuana possession and cultivation continues to be a high-level drug offense under federal law. As such, even if you're engaged in cultivation activities -- or possess the drug legally -- by way of Florida law, it does not mean that federal police don't have the authority to arrest you. While this is unlikely given the current legal climate for medical pot in the state, it could presumably happen.

The domestic violence victim questionnaire

When you love someone, it's hard to step outside of the relationship to view your situation objectively. This is why it's so hard for domestic violence victims to reach out for help.

However, every person who is in a toxic relationship needs to -- at some point -- draw the line, and realize that he or she is responsible for his or her own happiness. Is it time for you to draw the line?

3 ways defendants can navigate their criminal proceedings

Those accused of crimes in Florida can plead guilty or not guilty. In cases where there is a preponderance of evidence that will likely lead to a conviction, defendants will usually plead guilty and try to gain a reduction in punishments. In cases where there isn't clear evidence against the accused, the defendant will likely try to defend him or herself against the charges by pleading not guilty.

Depending on the pathway chosen, defendants will usually select one of the following three criminal defense strategies:

Police arrest elderly woman on drug charges

A 79-year-old woman was charged with being a "public nuisance" after police searched her home with a narcotics warrant. Authorities executed the warrant at the woman's home in Fort Walton Beach. According to police, the woman's home is well-known in the area for being a place of criminal activity -- which includes the alleged sale and distribution of illegal drugs.

Police further allege that the woman's home was the site of a homicide, multiple shootings and various drug crimes. During the most recent search of the woman's home, police say that they found a stolen gun, ecstasy, marijuana and other controlled substances, including medications without a prescription. Police also say they found drug paraphernalia, including digital scales, glass marijuana pipes, marijuana grinders and drug packaging materials.

Will the new tax law affect my alimony payments?

If you're currently paying or receiving alimony -- or if you could pay or receive alimony because of a pending divorce -- you're probably curious how the new Tax Cuts and Jobs Act will affect you.

Congress passed the new tax law in December. Yes, it will affect divorces in Florida and the rest of the nation. However, if you've already finalized your divorce or plan on finalizing your divorce before the end of 2018, then the new law will not affect you.


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