Mar 1, 2021 | Criminal
“House arrest” can describe different forms of court-ordered home confinement. The written order controls a person’s actual restrictions.Miami-Dade’s Monitored Release Program includes both pretrial and sentenced participants ordered into the program by the court. It...
Feb 1, 2021 | Criminal
Jail and prison are different custody systems. A charge alone does not determine where someone will serve a sentence.County jailFlorida county jails generally hold people awaiting trial or transfer and people serving local sentences. A person arrested on a felony may...
Jan 3, 2021 | Forgery
A false signature can be evidence of forgery, but the legal charge depends on the instrument, the conduct, and intent.Florida forgery lawUnder Florida Statutes section 831.01, falsely making, altering, forging, or counterfeiting certain listed records and instruments...
Dec 1, 2020 | Drugs
Being near drugs does not automatically make someone a dealer. Florida charges depend on the alleged conduct, the substance, the evidence of possession or delivery, and the applicable statute.Possession, delivery, and traffickingFlorida Statutes section 893.13...
Nov 25, 2020 | Drugs
Florida’s medical marijuana program requires more than a verbal recommendation. Unauthorized possession can lead to charges, but an arrest and a particular penalty are never automatic from this article’s facts alone.A qualified patient generally needs a...
Oct 25, 2020 | Traffic
A driver may decline a request to consent to a vehicle search, but an officer may still search when a recognized legal basis applies. The facts of the stop matter.Consent and other groundsIf an officer asks for permission to search, you can calmly say, “I do not...
Sep 1, 2020 | Criminal
Florida probation conditions come from the court order and the applicable statute. Review the written terms with your lawyer and supervising officer rather than assume another person’s rules apply to you.Common conditionsUnder Florida Statutes section 948.03,...
Aug 1, 2020 | Criminal
Guilty and no contest (nolo contendere) pleas differ in what a defendant formally admits, but both can lead to a criminal judgment and serious consequences. Neither plea should be chosen from a general description alone.Guilty pleaA guilty plea generally admits the...
Jul 1, 2020 | Tax
Tax evasion is a specific criminal allegation. An error, unpaid tax bill, civil penalty, and criminal charge are not interchangeable.Intent matters. Federal tax evasion under 26 U.S.C. § 7201 generally requires willfulness, a tax deficiency, and an affirmative act of...
Jun 1, 2020 | Tax
Federal tax evasion is an intentional attempt to evade assessment or payment of a tax. An honest filing mistake or inability to pay is not, by itself, proof of that offense.What prosecutors must establish26 U.S.C. § 7201 makes a willful attempt to evade or defeat tax...
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