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Recent Posts in Criminal Defense Category

  • Resisting an Officer Without Violence in Florida

    || 8-Jun-2020

    You’ve probably heard the term “resisting arrest” on many occasions, especially on TV or in the movies. Usually, a police officer is depicted as trying to arrest someone and the person shouts obscenities, refuses to get out of their car, refuses to be detained, or runs away from the cop. Once the officer catches up to the suspect, he or she slaps on the handcuffs and tells them ...
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  • Can I Travel Abroad with a Felony Record?

    || 18-May-2020

    If you’re a U.S. citizen who was convicted of a felony in the past, you may be wondering if you can travel abroad with a felony on your record. This is a very good question and one that should be answered before you book your big trip. For starters, let’s discuss U.S. passports. Generally, if someone has a felony conviction on their record, they should not have any trouble obtaining a ...
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  • COVID-19 Lockdown Could Lead to More Divorces

    || 6-Apr-2020

    Ever since the World Health Organization (WHO) announced that the COVID-19 outbreak is a pandemic on March 11, 2020, the United States and many countries throughout the world have issued “stay-at-home” orders to have people isolate themselves at home in order to “flatten the curve.” Although being at home with a spouse all day and every day can bring a couple closer ...
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  • Will My Case Go to Trial?

    || 15-Jan-2020

    If you’re facing criminal charges for the first time, you probably have a lot of questions going through your mind right now. Will you be found guilty? Will you be incarcerated? How much will the fines be? Will you lose your job? And, will your case go to trial? For the purposes of this article, we’re going to discuss the last question about the likelihood of your case going to trial. ...
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  • Can "Stand Your Ground" Always Be Used as a Defense?

    || 13-Sep-2019

    Generally, Florida’s “stand your ground” law protects people from facing criminal charges if they use or threaten to use force against a person who unlawfully places them at risk of harm. The defender's actions must be equal to those of the assailant. That means if Bill punches Tom, Tom can push or threaten to push Bill to stop the attack. If Tom was later charged with ...
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  • Seeing the red and blue lights of a police vehicle behind you could be anxiety-inducing. Receiving a citation could mean paying a hefty fine, having a point placed on your license, or any number of negative consequences. Paralyzed by the fear of a run-in with the law, you may not know what to do. Alternatively, you might not think you did anything wrong, and believe the cop may not be trying to ...
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  • What Is an Automatic Stay and Can it Be Lifted?

    || 1-Aug-2019

    The moment a person files for bankruptcy, the court will issue an order for an automatic stay. This document allows the debtor relief, as it is a legal mandate that prohibits creditors from continuing to collect on unpaid debts and stops civil lawsuits. It is valid as long as the bankruptcy is in process or completed. If the case is dismissed, the court order will no longer be enforced. What Types ...
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  • What Are Florida's Peeping Tom Laws?

    || 9-Jul-2019

    A Peeping Tom is a person who watches another individual without their consent or knowledge. In Florida, engaging in such behavior is a chargeable offense and a conviction could result in jail or prison time and fines. Peeping Tom offenses are governed by Florida’s statute on burglary and trespassing. Voyeurism Under Statute 810.14, observing another person without their permission is ...
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  • Florida's Laws Against Tampering with Evidence

    || 3-Jun-2019

    In a criminal trial, the prosecutor presents documents, records, statements, and other objects as evidence to build their case against a defendant. Because of this, a person can face severe penalties if they destroy anything that could potentially be submitted during the trial. Destroying or Altering Physical Evidence Florida Statute 918.13 prohibits tampering with or fabricating physical ...
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  • In Florida, many sex crime offenses require that a convicted individual register for life on the National Sex Offender Registry. The registration requirements apply to current residents and out-of-state visitors. Under Statute 943.0435, anyone required to register as a sex offender in another state who plans to reside in Florida on a permanent, temporary, or transient basis must report to the ...
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  • Using the Insanity Defense in Florida

    || 19-Mar-2019

    In the state of Florida, a defendant can try to use insanity as a defense to a criminal charge, but just like using entrapment or claiming self-defense, the defendant must admit to the crime before this defense can be used. Most lawyers in Florida will tell you that juries are very reluctant to accept insanity defenses, especially if you have been accused of a serious criminal offense. Under ...
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  • What Is Considered a Hate Crime in Florida?

    || 15-Feb-2019

    Although you might not realize it, you can be punished under the law based on the thoughts in your head. In fact, this is what essentially happens when a person is convicted for a hate crime. In this blog, we explain what can be considered a hate crime in the state of Florida. What’s the Definition of a Hate Crime? Crimes motivated by particular sets of prejudices are considered hate crimes. ...
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  • What Is Pre-Trial Intervention?

    || 2-Jan-2019

    Pre-Trial Intervention (PTI) is a program that offers first time felony offenders a chance to avoid some of the hurdles of having a criminal conviction by moving their case away from the trial court process. If you have been charged with a qualifying third degree felony, you might be eligible for this program. The PTI program is like being on probation. After you successfully complete the program, ...
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  • How College Campuses "Handle" Sexual Assault Allegations

    || 10-Dec-2018

    Investigations of sexual assaults at colleges and universities have gained significant attention from news outlets throughout the country. According to a 2017 report from the Department of Education, there were more than more than 300 open investigations of sexual assault cases. The Department of Education also noted that the following schools in Florida were under investigation: Full Sail ...
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  • What Happens If I Fail to Register as a Sex Offender in Florida?

    || 7-Nov-2018

    The state of Florida has strict registration requirements for people who have been convicted of sex crimes. Under Florida Statute 943.0435, sex offenders and sexual predators must comply with the following reporting guidelines: Report in person to the sheriff’s office to register within 48 hours of being released from prison. Report in person to the sheriff’s office to register within ...
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  • What to Do If You Are Arrested While on Vacation in Florida

    || 15-Oct-2018

    Florida is a very popular tourist destination for people across the country and around the world. People vacation in Florida to relax, unwind, and enjoy the state’s many attractions. Unfortunately, your long awaited vacation can become a nightmare if you find yourself being taken to jail by Florida law enforcement officers. Our state attracts a variety of students and tourists who sometimes ...
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  • How Much Influence Does a Prosecutor Have on a Criminal Case?

    || 3-Sep-2018

    When it comes to criminal defense, there are a number of factors that can have a major influence on the outcome of a person’s case. People often think the judge has the most power, and while the judge does have a significant role in a criminal defense case, most people overlook the influence of the prosecutor. In this blog, we explain how much influence prosecutors have on criminal cases. ...
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  • Why You Should Never Let Police In Your Home Without a Warrant

    || 1-Aug-2018

    When police are at your door, it can be a frightening experience, especially if you don’t know all of your rights. A sudden knock on the door from law enforcement can leave you wondering: Do I have to answer the door? Am I legally obligated to speak to the police? Can the police enter my home without my permission? A “knock and talk” is a common investigative technique used by ...
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  • 6 Most Frequently Committed Crimes

    || 13-Jun-2018

    At Albaugh Law Firm, we have taken on all sorts of criminal cases and have helped numerous clients clear their name and restore their reputation. As criminal defense lawyers with more than half a century of collective experience, we understand how tough it can be to prove your innocence under the law. If you are charged with a crime, you should immediately call our attorneys to discuss how to ...
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  • How a Drug Dealer Gets Caught By Law Enforcement

    || 17-Apr-2018

    The United States Drug Enforcement Agency (DEA), spends nearly $15 billion a year on investigating drug crimes. State and local police spend about $25 billion investigating similar drug offenses. With an annual total of $40 billion, about $500 is spent per second investigating drug crimes in the U.S. The DEA collaborates with the FBI, CIA and U.S. Customs and Border Patrol to combat both national ...
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  • The Worst Forms of White Collar Crimes, According to the FBI

    || 7-Mar-2018

    The term white collar crime was first coined in 1939, but has since become synonymous with a wide range of deceptive and fraudulent practices committed by business and government professionals. White collar crimes involve deceit, concealment, or violation of trust. These crimes are usually motivated by financial incentives such as gaining more wealth, property, or a personal or business advantage. ...
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  • A federal judge declared that the process for restoring voting rights to felons in Florida is unconstitutional. In a strongly worded ruling, U.S. District Judge Mark Walker said the disenfranchisement of felons who have served their time is "nonsensical" and violates the First and 14th Amendments of the Constitution. While the majority of U.S states don’t allow people who are ...
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  • What to Do If You Are Charged with a Drug Crime

    || 4-Jan-2018

    Although the Florida Office of Drug Control says that over $300 million has been invested in drug control programs statewide, there were still 1,553 arrests for drug-related offenses in Bay County in 2013. In fact, illegal possession of controlled substances are of special concern to law enforcement. According to The Office of Drug Control, cocaine is the number one drug threat to the state of ...
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  • What to Look for in a Criminal Defense Attorney

    || 7-Dec-2017

    It is important to find the lawyer that is right for your particular case and situation. This is especially true when it comes to looking for a criminal defense attorney. Hiring a good lawyer to defend your legal rights can be the difference between leaving the court room victorious, or having handcuffs shackled to your wrists. In this blog, we explain what you should look for in a criminal ...
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  • Florida's Statutory Rape Law

    || 13-Nov-2017

    In the United States, the age of consent is the minimum age at which a person is considered legally old enough to consent to participate in sexual activity. In Florida, the age of consent is 18 years old, which means individuals aged 17 or younger are not legally able to consent to sexual activity, and such activity may lead to statutory rape charges. Statutory rape is prosecuted under ...
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