Do I need a lawyer for a first time DUI?

July 4th, 2012 | Posted in Criminal Law

The short answer is, if you want the best possible outcome, yes.

If you have been pulled over and accused of DUI there are numerous deadlines and requirements that must be met. Not properly meeting these deadlines and requirements can have severe consequences. The truth of the matter is without legal representation your odds of getting a fair shake are slim to none. Read more..

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The “Statute of Limitations” in Florida

June 26th, 2012 | Posted in Criminal Law

By Attorney Mark Longwell

In Florida, there are time limitations for when a person may be prosecuted for an alleged crime. These time limitations are established in chapter 775.15, Florida Statutes. This is commonly referred to as the Statute of Limitations.

Generally, the most serious felonies (such as murder, Lewd and Lascivious Molestation of a child…) are known as capital, life felonies, or first degree felonies. There is no time limitation for these charges. A second degree felony has a four year limitation. A third degree felony has a three year limitation. A first degree misdemeanor is two years. A second degree misdemeanor is one year. There are many offenses that have different limitations, such as some Theft/Fraud charges that carry a five year limitation. Read more..

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Why You Should Hire an Attorney in a Criminal Case?

June 20th, 2012 | Posted in Articles, Criminal Law

By Attorney Mark Longwell

Many people facing a criminal charge seek advice on how to avoid jail or minimize consequences. It is often the case that there is much at stake professionally and personally. The best advice I can give in such case is to tell them to hire an attorney. What can an attorney do for you? Read more..

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What If They Didn’t “Read You Your Rights”?

June 20th, 2012 | Posted in Articles, Criminal Law, FAQ

By Attorney Mark Longwell

“Your rights” are what are commonly known as Miranda Warnings, named after a supreme court case, Miranda v. Arizona. If a person is in custody and interrogated by or on behalf of law enforcement, this is known as a custodial interrogation. Custody is many things, but it is obviously when you have been arrested. Interrogation is many things, but it is clearly when an officer asks you to give information about what happened. If an officer wants to conduct a custodial interrogation, Read more..

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How Florida’s Stand Your Ground Law Works

June 12th, 2012 | Posted in Articles, Criminal Law

By Attorney Mark Longwell

When a person in Florida uses force against another, it may result in a criminal charge such as Assault, Battery, Manslaughter or Murder, just to name a few. However, it is a defense to such a charge if the person accused of using force was justified in doing so. Florida law defines the justifiable use of force in Chapter 776, of the Florida Statutes. Read more..

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Is Your Right to be Presumed Innocent Under Attack?

June 6th, 2012 | Posted in Criminal Law

What if you were accused of a crime you didn’t do? Would you want it to be easy for the government to convict you and take away your freedom?

One of the fundamental principles that supports freedom in this country is the presumption of innocence. To put the principle of the presumption of innocence into perspective of just how important it is to our freedom and liberty, think about how devastating and tragic it would be if you were accused of a crime, arrested and convicted for something you didn’t do. As Americans we call this an injustice. Taking away someone’s liberty for something that he didn’t do – is intolerable. Read more..

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The George Zimmerman Case

May 10th, 2012 | Posted in Articles, Criminal Law, In The News

The George Zimmerman Case: The Foreseeable Outcome to a Dangerous Equation

It is easy and convenient to blame George Zimmerman for the tragic death of Trayvon Martin, an unarmed 17 year old who Mr. Zimmerman mistook for a potential criminal.  After all, George Zimmerman chose to arm himself with a handgun when he decided to patrol his neighborhood looking for would-be criminals.  He spotted Trayvon Martin and assumed that Trayvon was a potential criminal.  He ended up shooting and killing Trayvon, who was not armed and not doing anything wrong.  Read more..

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Expungement v. Sealing

January 25th, 2012 | Posted in Articles, Criminal Law, FAQ

If you or someone you know has a criminal record it can be difficult to find a nice place to live, a decent job, or even get a loan. In today’s world, employers, landlords, and businesses administer background checks on potential employees, tenants, and even customers to ensure quality candidates are obtained. The expungement or sealing of a criminal act may help you get a second chance at life.

What is the difference between expungement and the sealing of a criminal record?
There is a difference between expungement and the sealing of a record. In most basic terms, having your record expunged, completely removes the criminal accusation from your record like a legal eraser. Notice the use of the word “accusation.” Read more..

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Quality Legal Representation

January 18th, 2012 | Posted in Articles, Criminal Law

By Attorney David Gentle

Today would have marked my Grandfather’s 100th Birthday had he lived. He was a skilled carpenter by trade, and only produced the highest quality furniture for his clients. As a boy I remember being in his workshop where he would teach me two things, “Measure twice, cut once” and “No one ever produces a product that was ‘too perfect’ for a client.” I learned at a young age what he meant was “do it right the first time”, and “your clients deserve your best work.” Read more..

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Habitual Traffic Offenders

July 20th, 2011 | Posted in Articles, Criminal Law

In Florida, every person who has a driver’s license, or anybody who has received a moving violation citation, has a driving record. The Department of Highway Safety and Motor Vehicles (DHSMV) keeps tabs on everyone’s driving history, and determines who is eligible (or ineligible) for a driving license. Even if you never had a Florida driver’s license, you may have a driving history. Driver’s that accumulate three convictions for offenses within a five year period are considered HTO, Habitual Traffic Offender. Read more..

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