Tag Archives: misdemeanor

What is a Criminal Complaint?

A criminal charge involves a criminal complaint, or an “accusatory instrument,” which is the papers filed that accuse someone of committing a crime. There are two delineating criteria factored into considering if a criminal complaint is to be used in a ... Read more

Driver arrested in Florida “tailgating” viral video caught on cell phone video camera that resulted in an accident.

Florida Highway Patrol troopers made an arrest in the Florida driving case that went viral this week.  News stations, morning news shows, and Facebook were all showing the video of a driver allegedly tailgating another vehicle.  The driver of the vehicle in ... Read more

Distinguishing a Florida Misdemeanor from a Felony: A Basic Guide

People are often confused by the distinction between felonies and misdemeanors. Simply put, the difference lies in the severity of the penalties applicable. Criminal law in the State of Florida is usually divided into two categories: felonies and misdemeano... Read more

Florida criminal statute 843.19 Offenses against police dogs, fire dogs, SAR dogs, or police horses

Florida Gator football player Antonio Morrison was arrested this weekend for "harassing" a police dog and resisting arrest without violence.  This was his second arrest in a month.  The other was for battery, which is a crime of violence, and he was allowed ... Read more

George Zimmerman trial starts tomorrow with jury selection the most important part of a criminal trial

George Zimmerman is charged with 2nd degree murder for allegedly killing Trayvon Martin last year.  Get ready for a deluge of media coverage for another Florida “crime of the century” after the Casey Anthony trial. What exactly is jury selection or “... Read more

2nd District Court of Appeals rules police holding driver’s license is a seizure

Last week, the Second District Court of Appeals overturned a Defendant's conviction for possession of a controlled substance (carisoprodol).  The rulings by the 2nd District Court of Appeal are binding on the county and circuit court's of Polk County.  That ... Read more

Refusing to submit to a breath test can be a separate criminal offense in Florida

Many Floridians do not realize that refusing to take a breathalyzer test is considered a separate criminal offense. It is not a DUI defense. It may come as a shock to Florida drivers who are stopped for suspicion of driving while under the influence (DUI), ... Read more

Difference Between Adjudicated Guilty and Withhold Adjudication for Sealing and Expunging Arrest

Adjudicated Guilt in Florida Explained General Adjudication of Guilt vs. Withholding Guilt During the sentencing phase of a criminal trial the judge has the option of adjudicating a person guilty or withholding adjudication (withholding guilt).  This tran... Read more

Expunge your Domestic Violence arrest for background checks

Problems finding a job or renting a place to live? Need to get an arrest off your record because you are licensed by the State of Florida? Nurses, teachers, attorneys, dentists, LPNs, etc. need to expunge their arrests.  Retain a lawyer to expunge or seal y... Read more

Polk County Felony Attorney

The Florida Sheriff's Association recently completed operation "Felon Sweep."  This resulted in over 11,000 people in the State of Florida being arrested for outstanding felony warrants and criminal charges.  The felony sting operation was led by Polk County... Read more