Category Archives: Criminal Law

What is “motion practice” and is it important?

Motion practice is an important part of being a criminal defense attorney.  It requires knowledge of the oldest and the newest legal issues.  It also requires the ability to think outside of case law.  There are occasions when something doesn’t seem right but the law says it is or doesn’t say anything at all.  When ...

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Help! I was charged with an Open Container Violation!

You're having a great time with fellow Gator fans in Gainesville and your day is ruined by failing to follow a law that students are all too familiar with but alumni, less so.   The City of Gainesville has an open container ordinance and, although city and county officers look the other way when you are ...

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Affording an attorney when you are charged with a crime

I have found that the more the economy seems to worsen, the more people are charged with crimes.  This may stem from  family financial stressors and result in more batteries in the home, or it stems from the need to keep up the bills resulting in thefts and other property and drug crimes people would never have ...

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Can I expunge my criminal record?

I had a consultation with a potential client the other day regarding sealing and expunging their record. They were horrified to discover that they are not eligible to remove the charge from their record because they have been previously convicted for an offense. To begin with, expunction is a right that you have in Florida to ...

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What does a “withhold of adjudication” mean in criminal court?

I am often asked when I assist clients in criminal court, "what does a 'withhold of adjudication' mean".  I generally take that to mean, "what does that term mean for me?"  If you want a definition, it is generally taken to mean that the court presiding over the criminal case is not  going to judge the ...

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