Criminal Law

What Are Florida?s Stalking Laws? ? Stalkers Beware

Posted on October 15, 2020
Stalking is a criminal offense in every state and a serious offense in Florida. Stalking involves invading another?s privacy and instilling fear in them. Those convicted of stalking can expect to spend at least one full year in jail. What … The post What Are Florida?s Stalking Laws? – Stalkers Beware appeared first on Chapman Criminal Defense Firm.

Sex Offenders and Internet Sex Crimes in the State of Florida

Posted on September 13, 2020
Finding effective ways to protect children from sex offenders is no easy task. Sexual crimes come with harsh sentencing and penalties. Ronald Chapman  is a criminal defense attorney in West Palm Beach Florida, who is well versed on… The post Sex Offenders and Internet Sex Crimes in the State of Florida appeared first on Chapman Criminal Defense Firm.

The Florida Sex Offender Registry and How to Avoid It

Posted on August 07, 2020
Sex Offender Registry  Being convicted with a sex crime can have lasting effects. Certain convictions can force you to register as a sex offender for the rest of your life. Being on the sex offender registry can make it more… The post The Florida Sex Offender Registry and How to Avoid It appeared first on Chapman Criminal Defense Firm.

Florida?s Sentencing Guidelines for Misdemeanors and Felonies 

Posted on July 10, 2020
Crimes have been committed for as long as Florida has been a state. The judicial discretion in sentencing had wide boundaries and sentences for similar crimes varied substantially, but since October 1, 1983, have been structured and balanced for fairness...

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Know What Florida?s Stand Your Ground Law and Self-Defense Mean

Posted on June 08, 2020
Florida Statute 776.012 (1)?A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or… The post Know What Florida?s Stand Your Ground Law and Self-Defense Mean appeared first on Chapman Criminal Defense Firm.

Florida Search Warrants ? Understanding Your Rights

Posted on May 16, 2020
Search Warrants A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence… The post Florida Search Warrants – Understanding Your Rights appeared first on Chapman Criminal Defense Firm.

What is a Legal Search and Seizure in the State of Florida?

Posted on April 09, 2020
Searches Individuals are protected and are guaranteed a reasonable expectation of privacy under Florida and Federal law. Law enforcement must obtain a search warrant before conducting a search of your property or conversation for it to be considered legal,… The post What is a Legal Search and Seizure in the State of Florida? appeared first on Chapman Criminal Defense Firm.

What You Should Know About Record Sealing and Expungement in Florida

Posted on March 09, 2020
What is Record Sealing? Record sealing is the practice of sealing or, in some cases, destroying court records that would otherwise be publicly accessible as public records. What is an Expungement? To ?expunge? is to ?erase or remove completely.?… The post What You Should Know About Record Sealing and Expungement in Florida appeared first on Chapman Criminal Defense Firm.

What Every Citizen Needs to Know About Traffic Stops

Posted on February 11, 2020
Routine traffic stops are more common than you think. Drivers should understand some things that can help them eliminate contact with law enforcement, so they are not in a position to be arrested. Many drivers who are pulled over,… The post What Every Citizen Needs to Know About Traffic Stops appeared first on Chapman Criminal Defense Firm.

Were You Arrested for Robbery in South Florida? Ronald Chapman Can Help You Escape Your Robbery Charges!

Posted on January 13, 2020
Robbery  According to Florida Statute 812, Robbery? means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person… The post Were You Arrested for Robbery in South Florida? Ronald Chapman Can Help You Escape Your Robbery Charges! appeared first on Chapman Criminal Defense Firm.

The Racketeering Influenced and Corrupt Organizations Act aka RICO

Posted on December 11, 2019
The RICO Act The RICO act is a federal law designed to combat organized crime was passed in 1970. This law allows for civil penalties for racketeering activity, including; illegal gambling, bribery, kidnapping, murder, money laundering, counterfeiting, embezzlement, drug… The post The Racketeering Influenced and Corrupt Organizations Act aka RICO appeared first on Chapman Criminal Defense Firm.

Leaving the Scene of an Accident Requires Actual Damage

Posted on March 31, 2011
           Florida law regarding the crime of leaving the scene of an accident states that "[t]he driver of any vehicle which collides with, or is involved in a crash with, any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle or other property of the driver's name and address and the registration number of the vehicle he or she is driving, or shall attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver's name and address and the registration number of the vehicle he or she is driving, and shall without unnecessary delay notify the nearest office of a duly authorized police authority...

Florida Law Presumes that Your Criminal Record Should Be Expunged

Posted on March 23, 2011
           In a recent Florida case, a judge denied a person's request to expunge his criminal record even though the prosecutor's office had decided to not file any charges.  The person appealed the judge's decision, and the court deciding his appeal agreed with him...

See My New and Improved Criminal Records Website

Posted on March 22, 2011
          My website Florida Criminal Records:  Frequently Asked Questions has some new features that I hope you will look at.  For one, I have added a section that makes it easier for you to send me questions regarding sealing or expunging your record...

When is a Knife Not Considered a Weapon?

Posted on March 15, 2011
          Jeffrey Browder was charged with committing the crime of possession of a concealed weapon by a convicted felon in the case of Browder versus State of Florida.  The "weapon" that he had was a folding knife with a blade less than four inches long...

The Child Pornography Law Requires the Use of Real Children

Posted on February 21, 2011
           In the case of Kevin Jalbert versus the State of Florida, Mr. Jalbert was charged with committing the crime of unlawful possession of child pornography.  He filed a motion to dismiss his case in which he argued that the prosecutor had failed to prove that the photos in his case showed actual children (that is, individuals less than 18 years old) rather than computer-generated "virtual" children or adults resembling children...

The Difference Between Murder and Manslaughter

Posted on February 14, 2011
           Florida law defines the crime of second-degree murder as "the unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual...

The Prescription Defense

Posted on February 04, 2011
          In the case of McCoy versus the State of Florida, Cynthia McCoy was charged with committing the crime of trafficking in hydrocodone based upon her possession of a pill bottle that contained Lorcet tablets and that was labeled as belonging to her husband...

You Cannot Be Guilty of Aggravated Assault Unless You Are Also Guilty of Assault

Posted on January 23, 2011
          The crime of aggravated assault is defined as an assault:             1.  With a deadly weapon without intent to kill; or              2...

Aggravated Battery and the Use of Guns

Posted on January 16, 2011
           The crime of aggravated battery is committed when a person commits the crime of battery and in the process either:             1.  Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or             2...

Doctor Shopping and Your Obligation to Disclose Information About Previously-Obtained Prescriptions

Posted on January 10, 2011
          Florida' doctor-shopping law states that it is illegal for any person "[t]o withhold information from a [doctor] from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another [doctor] within the previous 30 days...

A Judge Cannot Refuse to Expunge a Criminal Record Without First Hearing Evidence

Posted on December 29, 2010
           In the case of VFD versus the State of Florida, the issue was whether a judge was correct in denying VFD's petition to expunge his criminal record without first hearing evidence and giving specific reasons as to why she was denying his petition...

Sex Offender Registration is Required Even When Adjudication is Withheld

Posted on December 28, 2010
          In the case of Peter Price versus the State of Florida, the issue was whether Mr. Price was a sex offender who had to register under Florida law even though adjudication was withheld in his case.             The relevant facts of this case are that in 1994 Mr...

A Conspiracy Does Not Exist if One of the Co-Conspirators is a Law Enforcement Agent

Posted on December 10, 2010
           In the case of Sheriff versus State of Florida, an individual named Myron Sheriff was convicted of conspiracy to traffic in heroin.  He appealed his conviction to Florida's Fourth District Court of Appeal...

A Conspiracy Does Not Exist Unless There is an Agreement to Commit the Same Crime

Posted on December 07, 2010
           In the case of Gregory Schlicher versus State of Florida, Mr. Schlicher was convicted of six counts of conspiracy to purchase cocaine as well as two other charges.  The facts of his case are as follows:             "During  the  trial,  the  [prosecutor]  presented  a  number  of  police  witnesses who  testified  that  the police were conducting an investigation, primarily through  wiretaps,  of  a  cocaine  trafficking  organization  headed by Jose Tzoc-Caxaj...

Conspiracy and Double Jeopardy

Posted on November 25, 2010
          In the case of Negron Gil De Rubio versus the State of Florida, Mr. Negron was convicted of both conspiracy to commit racketeering and conspiracy to commit drug trafficking after evidence was presented at his trial that he and others were involved in smuggling cocaine into Florida from Puerto Rico and then taking money back to Puerto Rico...

How Many Criminal Records Can You Seal?

Posted on November 14, 2010
          In the case of Cline vs. State of Florida, the issue was whether Mr. Cline could have two different criminal-history records sealed.  An article that I wrote on my website Florida Criminal Records:  Frequently Asked Questions looks at how one Florida court answered this question.

When Can the Police Frisk the Passenger of a Car for Weapons?

Posted on November 11, 2010
          In the case of Arizona v. Johnson, the United States Supreme Court addressed the following question:           Whether a police officer may lawfully frisk a passenger in a vehicle stopped for a minor traffic infraction when the officer has no reason to believe that the passenger has committed, is committing, or is about to commit a crime, but nevertheless reasonably suspects the passenger to be armed and dangerous?           An article that I posted on my website, Federal Criminal Lawyer:  Frequently Asked Questions, examines the facts of the Johnson case as well as the reasons why the Supreme Court ruled that such a frisk is lawful.

Concealed Weapons and Traveling on Airplanes

Posted on November 03, 2010
           I recently represented an individual who, while going though security at Palm Beach International Airport, was stopped because he had a Smith & Wesson Tactical Pen in his carry-on luggage.  According to the police report, it was "a metal pen that is made for stabbing...

A Litigation Manual for Inmates

Posted on October 24, 2010
          The Columbia Human Rights Law Review has published a very informative handbook of legal rights and procedures for people in prison.  It is called the Jailhouse Lawyer's Manual, and some of its chapters include: Introduction:  how to use the Jailhouse Lawyer's Manual Definitions of words used in the Jailhouse Lawyer's Manual Introduction to legal research Your right to learn the law and go to court How to find a lawyer Choosing a court and a lawsuit:  an overview of the options An introduction to legal documents Freedom of information Obtaining information to prepare your case:  the process of discovery Appealing your conviction or sentence Applying for re-sentencing for drug offenses Using post-conviction DNA testing to attack your conviction or sentence Appealing your conviction based on ineffective assistance of counsel Federal habeas corpus State habeas corpus:  Florida, New York, and Texas The Prison Litigation Reform Act Inmate grievance procedures Using 42 U...

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