Gainesville Personal Injury, Divorce and Alimony Attorney

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“My case was handled quickly and with ease.”
01/10/2014
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Blog

Traffic tickets issued later or not received at all.

What happens to a traffic ticket if the officer did not serve the individual at the road? This is a common question in the traffic ticket defense practice. When an officer does not serve the driver with the infraction on or at the roadside, typically that means that the infraction involves a crash. An accused driver being transported to the hospital may delay the actual receipt of notice by hours or weeks. Most traffic crashes resulting in fatalities are not

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Recanting Refusal, Changing your Mind When arrested for DUI

After a DUI arrest in Florida, a person will be asked to submit a sample of their breath for analysis. Also referred to as taking the breath test. Upon refusing to provide a sample, the arresting officer is supposed to read a warning that the license will be suspended. Sometimes, people change their mind and provide a sample immediately. What if the officer says it is too late to blow and announces the arrestee has refused? A person has changed

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Criminal Summons in Florida

What happens upon receipt of a Criminal Summons in Florida? In some jurisdictions, the use of a Criminal Summons was part of criminal justice even prior to COVID. Some people are surprised to receive a Summons, while others are made aware of a criminal investigation and may be expecting it or relieved to receive a Summons instead of being arrested. When the State of Florida files criminal charges and, presuming a person is not arrested on the scene of an

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Florida Criminal Arraignments During COVID

Much has changed in the practice of Florida criminal defense during COVID. With varying orders being issued by the Florida Supreme Court, the Chief Judges of the Circuits, County and local municipalities, we are all dealing with the semi-shutdown as best we can. It seems that new orders, tweaking the last set, are made about every other week. The common ground amongst the orders affecting the courthouses is that during the shutdown in-person hearings are to be rare. Many essential

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Criminal Law and COVID-19

Intersections between criminal and public health law do exist. In Florida, section 381.00315, relating to public health advisories; public health emergencies; isolation and quarantines, creates a misdemeanor for violating “any rule adopted” pursuant to the section. Of course, this includes “any isolation or quarantine, or any requirement adopted … pursuant to a declared public health emergency”. A person can be arrested for this criminal violation, even though it is a misdemeanor. Any criminal case exposes a Defendant to incarceration. There

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Criminal Assault, the Threatened Use of Force and Warning Shots

In the realm of criminal cases one way a defense attorney can protect a client is to argue self-defense. Some years ago, there were reports of a ‘Warning Shot Bill’ that would allow Floridians to fire a warning shot. There is no law that specifically ‘allows a warning shot’. What in the stand your ground law caused the confusion that has me answering similar questions years later?  Initially, the stand your ground law in Florida was silent as to whether

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