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Blog Posts in 2015

  • Statement to Law Enforcement

    || 30-Dec-2015

    If you encounter law enforcement this holiday season, or in the future, it is important to know and exercise your rights. Please save this Statement to Law Enforcement Exercising Your Rights to your phone, or print it to keep on you at all times. You never know when you may need it. All of us at Albaugh Law wish you a very happy and prosperous New Year. Stay safe and remember we are here 24/7 if ...
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  • Bankruptcy and Family Law Case Participants Beware

    || 5-Nov-2015

    People in Florida who have filed for Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, or who have filed paperwork in Family Court are the target of a new telephone scam. The scammers are using information taken from court documents to learn about court cases and which lawyer represents an individual. They then call the client and claim to be associated with the person’s lawyer. By using computer ...
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  • Attorney Ryan Albaugh recently traveled to Yale University to assist the Bolles Mock Trial team at the 2015 Bulldog Invitational mock trial tournament. Mr. Albaugh rehearsed with the team and offered his invaluable insight to sharpen their skills, helping them eventually rank second place out of twelve. The Yale Mock Trial Association holds the prestigious Bulldog Invitational every year. ...
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  • Perhaps the most common driving offense in Florida involves operating a motor vehicle with a suspended license. I have represented clients of all ages and from all walks of life in St. Johns, Duval, Flagler and Volusia Counties in suspended license cases that ranged from civil traffic infractions to felonies. This blog will examine the different reasons a person’s driver’s license may ...
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  • The Pastor Protection Act and a proposed “Clergy and Religious Institutions Tax-Exempt Protection Act” are currently gaining support in Florida in the weeks following the United States Supreme Court’s decision to legalize same-sex marriage nationwide. The bills would protect religious individuals and organizations from federal retaliation should they refuse to perform same-sex ...
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  • 4th of July brings many residents of St. Johns County and people across the state together to celebrate the birth of our great nation. Family and friends gather for trips to the beach and backyard barbecues. Many Floridians choose to responsibly enjoy a cocktail or two or a few beers during the holiday, however some end up overindulging. While drinking a little too much is not a crime in and of ...
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  • No Miranda Read!

    || 1-May-2015

    Most people have heard the term Miranda Warning and have at least a general understanding of what it means from watching movies or television. Some of you may even be able to recite all or part of it: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for ...
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  • Search & Seizure - Part 2: Know Your Rights!

    || 24-Apr-2015

    If you don’t know your rights, you cannot exercise them to protect yourself. In part two of our blog on search and seizure, I will focus on street encounters with law enforcement. As a criminal defense attorney people always ask me about their rights if an officer comes up to them on the street and asks them questions without a reason to do so. They wonder if they have to answer, if they can ...
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  • Search & Seizure - Part 1: Just Say "No" to Searches

    || 17-Apr-2015

    Do you understand your Fourth Amendment right against unlawful searches and seizures? Few people do, and law enforcement often takes advantage of the average person’s ignorance regarding their rights and uses it to perform searches, gather evidence and build cases against them when they would otherwise be unable to do so. In this blog we will discuss the two most common scenarios where you ...
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  • If Only Life Were Like Monopoly

    || 10-Apr-2015

    In real life there is no such thing as a get out of jail free card. Instead, one of the first things a person arrested for a crime wants to know is what is my bail? Many jurisdictions like St. Johns County, Duval County, Flagler County, and Putnam County have a bail schedule that sets the amount of bail for different types of crimes. Of course, a judge can always change that amount if they feel it ...
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  • To blow or not to blow: That is a tough question. Unlike last week in part 2 when you learned that other than for entertainment purposes with your friends, there is no real benefit to performing field sobriety exercises, deciding whether or not to provide a breath sample can be tricky. Hopefully after reading this blog you will have the information necessary to make the right choice if you are ...
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  • Want to have some fun at the next party or BBQ you host? Set up some DUI Field Sobriety Exercise stations for your friends and get out your video camera. You don’t even need alcohol. Last week in Part 1 of this blog on what everyone needs to know about DUI, we discussed how a DUI investigation typically begins in one of two ways: A law enforcement officer stops a vehicle when he believes the ...
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  • As a criminal defense attorney, the second most common question I get asked is, “What should I do if I have been drinking and get pulled over?” The truth is that it depends, and even after practicing criminal law for over 16 years and having conducted over 40 DUI jury trials as a prosecutor and defense attorney, my own mind would be spinning if I found myself in that situation. Over ...
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  • In Part 1 of this blog we discussed the importance of retaining an experienced criminal defense attorney to handle your case. As this section illustrates, how a case is handled can not only affect your current situation, but your future as well. Some of my most difficult consultations as a criminal defense attorney come with people who were not represented well during their initial case and now ...
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  • First-Time Arrest - Part 1: Arrest to Disposition

    || 6-Mar-2015

    This two-part blog will explore the unique issues and opportunities related to people arrested for the first time. In Part 1, I will discuss how to best cope with the stress of your first arrest and the steps to take to ensure that you are not only protected now, but also in the future. In Part 2, I will discuss the eligibility requirements to seal or expunge your criminal history record, and the ...
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