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Recent Posts in Criminal Defense Category

  • Am I Eligible for Expungement?

    || 4-Aug-2017

    For anyone who has been arrested or convicted of a crime in Florida, seeking expungement could prove extremely beneficial. An expungement will remove the offending crime from your records, sealing the record from every source, including government agencies unless they have a warrant. Removing certain incidents from your record may make it easier to obtain better employment opportunities, and could ...
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  • Florida Penalties for DUI

    || 30-Jun-2017

    According to Florida law, DUI is a criminal offense that is proved by impairment of normal faculties or unlawful blood alcohol content (BAC) of.08 or above. The following are the potential DUI offenses according to the number of convictions: First DUI Offense Maximum jail sentence of six months Fine between $500 and $1,000, if BAC is.08 or above Fine between $1,000 and $2,000, if BAC is.15 or ...
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  • Guidelines for Concealed Carry Laws in Jacksonville, Florida

    || 22-Sep-2016

    Florida gun owners who wish to exercise their right to carry a concealed weapon in Jacksonville need to know the law. What Is Florida’s Concealed Carry Law? Concealed carry is a term that applies to carrying a firearm on one’s person in public in such a way that it is hidden from view. Concealed carry is legal in Jacksonville and throughout the state of Florida as long as the gun owner ...
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  • Things to Know Before Drinking in Public

    || 23-Jun-2016

    Northeast Florida has lots of reasons to enjoy a beer or other alcoholic beverage outdoors. Many people enjoy drinking at the beach, while tailgating at a Jaguars game, or bar hopping on St. George Street in St. Augustine or in Riverside and Bayside in Jacksonville. In reality, there are almost as many different rules about having an open container as there are places or reasons to have one. ...
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  • What Constitutes Probable Cause?

    || 10-Jun-2016

    Probable cause is an essential component of our legal system. Before a police officer can pull you over, search your vehicle, or arrest you, they must have probable cause that you have committed a crime. This – probable cause – is the basis of many criminal cases, and it is possible for a criminal case to be thrown out on evidence that was acquired by an officer when conducting a ...
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  • What To Expect After an Arrest

    || 16-May-2016

    After a person has been arrested in Duval County, several things will happen. They will be searched prior to being placed in the patrol car and again when they arrive at the county jail. If you have something illegal at the time of your arrest and the officer does not find it until you are searched at the jail, you may be charged with attempting to bring contraband into the jail. This can ...
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  • 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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  • 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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  • 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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  • 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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  • St. Augustine - Come on Vacation, Leave on Probation

    || 2-Mar-2015

    St. Augustine, Florida, one of the most beautiful and historic cities in all of America. With its beautiful sandy beaches along the Atlantic Ocean and moderate climate, St. Augustine has become a favorite vacation destination for thousands of people every year. They flock to see Fort Matanzas, Nombre de Dios, and the Fountain of Youth. They come to stay in grand hotels like the Casa Monica and eat ...
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  • Defending Mentally Ill Criminal Clients

    || 19-Feb-2015

    As a criminal lawyer practicing in St. Augustine, Florida, I defend many clients charged with drug possession crimes or violations of drug offender probation. During my initial meeting with a new client, I focus primarily on the events surrounding their arrest. A clear understanding of the facts allows me to determine what additional investigation needs to be done and what witnesses need to be ...
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  • NFL Commissioner Roger Goodell recently announced that any NFL player who is found to have engaged in domestic violence, among other crimes, will be suspended for six (6) games without pay for a first offense. A second offense will result in a minimum one year suspension. This is a good thing, right? Tougher penalties will reduce the instances of domestic violence, won't they? To determine the ...
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  • Allegation : Technical Violation of Probation (Dirty Urine Test) Result : Modification of Probation to Client Could Relocate back to Home State Date : June 25, 2014 Jurisdiction : St. Johns County In State of Florida v. D.T., the defendant pled guilty to sale of marijuana while represented by a Public Defender. His probation required him to be on Community Control (house arrest) for a period of 2 ...
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  • Florida May Repeal Some Minimum Mandatory Prison Sentences

    || 5-Dec-2013

    Two measures have been introduced in the Florida State Legislature that would repeal minimum mandatory sentences for drug offenses and nonviolent crimes, and would increase substance abuse treatment for inmates. The reason behind these changes is financial, but the impact on your case or that of your friend or loved one could be substantial. Take for instance a current Albaugh Law Firm client, age ...
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