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Orlando Criminal Defense Law Blog

Florida biker sentenced after DUI accident

A motorcycle accident happened in Daytona Beach Shores, Florida, in which a biker, who was later determined to be under the influence at the time, crashed into two pedestrians. The pair was from Ohio, visiting town and watching the Biketoberfest, which is a local motorcycle rally. The couple was seriously injured, though they survived, and the biker has just been given four years since he had multiple DUI convictions.

The accident, which happened near nine in the evening, was out on S. Atlantic Avenue. It appears that the biker was riding south and people were standing on the side of the road, waiting for the signal to change so that they could cross. For some reason, the biker veered off of the road and slammed into the people near the crosswalk. Witnesses who saw the accident confirmed that that is how it took place.

Accused of federal crimes? Here's what to expect

If you are facing allegations of federal crimes, you probably have a lot of questions about the legal process upon which you are about to embark. Federal criminal cases are significantly different from federal civil cases, and it is important to understand the distinction between these two. Further, although processes for federal drug crimes and other violations may resemble those held at the state level, there are some important distinctions. Let us address some of those differences to help criminal defendants learn more about their legal rights.

First, it is important to remember that criminal proceedings place the burden of proof squarely upon the government. We have all heard of the "innocent until proven guilty" mantra -- that is of utmost importance in a federal crime courtroom. In civil cases, the defendant often must prove that the allegations are false. In criminal trials, the government must prove the case beyond a reasonable doubt; that is a much stronger standard for evidence.

How do you defend criminal charges?

First, Orlando citizens never want to attempt to defend criminal charges on their own. They should do their research and select a good criminal defense attorney with a good track record. The stakes are high, and the percentage of a good outcome rises substantially with a good attorney.

Keep in mind that a person is considered innocent until proven guilty, and it is the prosecutor's responsibility to prove that they are not just guilty -- guilty beyond a reasonable doubt. This is stressed to a jury when a criminal trial begins.

Common drunk driving defenses in Florida and other states

A lot of Florida residents who are arrested on DUI and/or DWI charges see it as the end of the world. Indeed, such charges can be exceedingly serious, and they can even result in jail time in certain situations. However, there are numerous defenses that accused individuals can use in court to try and get their charges dropped or dismissed.

The following defense strategies might be applicable depending on the facts of a case and the state in which the arrest occurred.

Domestic assault allegations do not have to ruin your life

If you are facing allegations of domestic violence or family abuse, you know that the ramifications of these accusations can be serious and immediate. The accuser may have left you with little social traction, causing you to be removed from your home and family without much recourse. Being charged with domestic assault does not have to be the end of the road for your reputation, however; you can combat these allegations using a variety of legal strategies employed by our trained attorneys.

When you are the subject of a restraining order -- or you are charged with child abuse or domestic battery -- you may not know what to do. Turning to an experienced legal team may be the right answer for your professional and social future. First, our attorneys will thoroughly analyze your case and the associated evidence, even interviewing the victim for more information. Key questions asked during this analysis may reveal additional mitigating circumstances that can lower your risk of jail time and other severe consequences.

Can a Florida resident be removed from the sex offender's list?

Florida laws regarding sex offenders and predators is very strict. Every citizen residing in the state of Florida who is convicted of a sexual offense, as defined in the Florida statutes, must register as a sex offender with the local sheriff's office in the county of their residence. The information is then made public record.

Offenders who move are required to update their driver's license or identification card within 48 hours. The offenders also have to maintain that registration throughout the remainder of their life. In addition, two to four times a year (depending on the offense), they must update their registration as a sex offender. Temporary residents in the state of Florida, such as workers who stay for periods of time, must also register.

Man facing parole violation in Florida courts accused of arson

A criminal defendant in Daytona Beach has been arrested and is facing charges in connection with a series of nearly 30 arson incidents in the region. The man is currently charged with parole violations, disorderly conduct and resisting an officer, though he is suspected of igniting the string of Florida fires. He may be required to mount a criminal defense against arson allegations, depending on the outcome of the current investigation.

Authorities say that the 40-year-old defendant was arrested after a suicide attempt and police chase. He had been named as a person of interest in several arson cases, so officers were on the lookout for him. They found him walking near a surf shop in Daytona Beach. The man ran to the second floor of that establishment and was threatening to jump, but he was eventually talked down from the ledge.

Florida investigation leads to multiple arrests for drug offenses

In December of last year, authorities intercepted a parcel filled with marijuana at an Orlando United States Parcel center. The drugs were addressed to an International Drive hotel, the Hyatt Regency. Following an in-depth investigation by authorities into the package and an allege drug ring that was distributing the contraband materials, a number of individuals have since been arrested and charged with drug offenses.

Following the interception of the marijuana, police repackaged its contents and delivered it to the address listed on the package. The package was allegedly delivered to a man, who then delivered its contents to several addresses in the Central Florida area. Allegedly, the deliveryman and his associates were responsible for distributing hundreds of thousands of dollars' worth of drugs.

What is the difference between federal and state courts?

Federal and state courts have different jurisdictions. Jurisdiction can mean either a geographically defined area that a court resides over, or it can mean the laws or legal authority that a court holds for hearing certain types of cases.

The geographical definition applies more to state courts. For instance, Florida laws on certain activities and charges, such as robbery, drug charges and traffic violations, among others, may be different than other states. Unless the charge affects a federal law or the U.S. Constitution and the crime occurred in Florida, the case would be heard here in Florida or in whatever state the crime or activity took place.

26-year-old Florida man accused of DUI manslaughter

According to the Florida Highway Patrol, a construction worker has suffered a tragic death after being struck by an alleged drunk driver. Police say that the driver hit two workers on U.S. Highway 41 in Port Charlotte. The men were completing road maintenance tasks at the time of the crash.

Troopers report that the 26-year-old driver who allegedly caused the collision did not see a pickup truck ahead of him, even though its overhead warning lights were activated. The man's car struck two men who were standing outside of the truck and pinned them between the two vehicles.

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