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Category Archives: Criminal Law

LadyJustice2

Conditions of Probation in Florida

By Scott Berry Law |

Like other states, Florida has the option to issue a probation order as an alternative to imprisoning someone in some cases. Probation will allow a defendant to retain some of their freedoms, provided they follow the strict guidelines and conditions set forth by the courts. A violation of your probation can have serious legal… Read More »

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CrimRecord

Sealing and Expunging Criminal Records in Florida

By Scott Berry Law |

In Florida, adult criminal records can be accessed through special provisions, unless the record was sealed or expunged. Public records are not just related to convictions, they can include arrests and charges as well. When a record is sealed, it is classified as highly restricted access. When a record is expunged, it means the… Read More »

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CrimLaw6

Differences Between Theft, Burglary, and Robbery in Florida

By Scott Berry Law |

If you’ve been charged with theft, burglary, or robbery in Florida, these can have serious legal consequences. Some people believe these are one in the same, but they are three distinct criminal acts and carry different penalties and sentences.  If you or a loved one have been charged with one of these crimes, it’s… Read More »

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Arrested3

What’s the Difference Between a Misdemeanor and Felony in Florida?

By Scott Berry Law |

When you’re charged with a crime, it will be categorized as either a misdemeanor or a felony. The difference between these two classifications is great, as they can have very different legal consequences. A felony offense is more serious than a misdemeanor, and a conviction can involve more serious and lengthier sentences and longer-lasting… Read More »

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Self-Representation In A Criminal Case

By Scott Berry Law |

Sometimes in the court of a criminal proceeding, the accused may decide to fire his or her attorney and proceed pro se. When a person proceeds pro se, it means that he represents himself and works as his own advocate in court. Anyone who is facing trial may defend himself if it is his… Read More »

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CellPhone

The Supreme Court Holds That Police Require A Search Warrant To Get A Person’s Historical Cell Location Data

By Scott Berry Law |

In another decision reinforcing the rights of an accused person under the Fourth Amendment, the United States Supreme Court recently ruled in Carpenter v. United States that the police need to get a warrant in order to get the historical cell phone location data related to a person’s cell phone. When the police proceed… Read More »

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FedCrime

Supreme Court Declines To Expand The Automobile Exception

By Scott Berry Law |

The automobile exception to the Fourth Amendment prohibition against unreasonable search and seizure allows police officers to search vehicles without a warrant, as long they have probable cause to believe that there is evidence or contraband in the vehicle. The automobile exception has traditionally been restricted to public ways, and now the Supreme Court… Read More »

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Arrested2

Competency To Stand Trial

By Scott Berry Law |

One of the constitutional rights that a person has when charged with a crime is the right not to be tried unless the person is fit for trial. Being fit for trial or competent to stand trial deals with a person’s ability to assist with his defense as well as understand the criminal proceedings… Read More »

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DUI6

Installation Of An Ignition Interlock Device After A DUI Conviction

By Scott Berry Law |

When a person is convicted of driving under the influence of drugs or alcohol (DUI), there are usually a wide range of consequences depending on how many other DUI convictions the person has. In some cases, after a person is convicted of a DUI, the court may order that the person have an ignition… Read More »

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Courtroom

Trial In Absentia And The Constitutional Right To Trial

By Scott Berry Law |

The Sixth Amendment to the U.S. Constitution guarantees that any person who is charged with a crime and subjected to a criminal prosecution is entitled to a speedy and public trial. However, even if this right is guaranteed, an accused person can be tried in absentia, which means the accused person’s trial can proceed… Read More »

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