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	<title>Areas of Defenses Archive - Criminal Attorney Florida</title>
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		<title>Broward County Welfare and Public Assitance Fraud Attorney</title>
		<link>https://www.criminalattorneyflorida.com/areas-of-defenses/welfare-and-public-assistance-fraud/</link>
		
		<dc:creator><![CDATA[Grant Schwarz]]></dc:creator>
		<pubDate>Sun, 03 Dec 2017 01:07:46 +0000</pubDate>
				<guid isPermaLink="false">https://www.criminalattorneyflorida.com/?post_type=fcdl_aod&#038;p=141</guid>

					<description><![CDATA[<p>In Florida, the terms “Public Assistance Fraud” and/or “Welfare Fraud” are used to describe a variety of different types of unlawful behavior and conduct which is meant to begin receiving, continue to receive, misappropriates, attempts to misappropriate, aids or abets in the misappropriation of or use the Federal or State Funded Public Assistance Program or [&#8230;]</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/welfare-and-public-assistance-fraud/">Broward County Welfare and Public Assitance Fraud Attorney</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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										<content:encoded><![CDATA[<p>In Florida, the terms “Public Assistance Fraud” and/or “Welfare Fraud” are used to describe a variety of different types of unlawful behavior and conduct which is meant to begin receiving, continue to receive, misappropriates, attempts to misappropriate, aids or abets in the misappropriation of or use the Federal or State Funded Public Assistance Program or benefits such as:<span id="more-141"></span></p>
<ul>
<li><em><strong>Welfare / Food Stamps</strong></em></li>
<li><em><strong>Medicare / Medicaid</strong></em></li>
<li><em><strong>Housing</strong></em></li>
<li><em><strong>Unemployment</strong></em></li>
<li><em><strong>Cash assistance programs</strong></em></li>
</ul>
<p>As outlined in Section 414.39, Florida Statutes, welfare fraud can take a variety of forms, each with its own factual components and proof requirements.</p>
<h2><b>Examples of Fraudulent Practices</b></h2>
<p><b>Florida Statute 414.39 (1)(a)</b></p>
<p>You can be charged with Fraud if you fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material fact used in making a determination as to such person’s qualification to receive public assistance under any state or federally funded assistance program.  For example, if you write in your application that you have no income, a debilitating illness or children that don’t exist.</p>
<p>Welfare fraud can be charged as a crime if the person receiving the benefit fails to disclose a material fact.  To prove the case beyond a reasonable doubt, the state attorney must show that the defendant</p>
<ul>
<li><em><strong>Knowingly failed to disclose a material fact by false statement, misrepresentation,, impersonation or other fraudulent means</strong></em></li>
<li><em><strong>The fact was used to determine qualifications to receive aid or benefits; and</strong></em></li>
<li><em><strong>The aid or benefits came from a state or federally funded assistance program.</strong></em></li>
</ul>
<h2>Welfare Fraud- Aiding or Abetting</h2>
<p>Even if you are not the person who is receiving the benefits, but rather you are alleged to have <b>helped someone obtain public assistance benefits</b> when they otherwise are not eligible for them, you can be prosecuted under the “Aiding and Abetting” section of Statute 414.39.  The State Attorney has to prove beyond a reasonable doubt that you:</p>
<ul>
<li><em><strong>Knowingly aided or abetted another person in failing to disclose</strong></em>
<ul>
<li><em><strong>A change in circumstances in order to obtain or continue to receive aid or benefits to which he or she is not entitled, or</strong></em></li>
<li><em><strong>A material fact by false statement, misrepresentation, impersonation, or other fraudulent means, and the fact was used to determine qualifications to receive aid or benefits</strong></em></li>
</ul>
</li>
<li><em><strong>The other person received benefits to which he/she was not entitled</strong></em></li>
<li><em><strong>The aid or benefits came from state or federally funded assistance program.</strong></em></li>
</ul>
<h2>Welfare Fraud- Change in Circumstances</h2>
<p>Another way to be charged under this statute is if you are currently receiving benefits, but due to a change in circumstances, your eligibility would be terminated. Examples of changes in circumstances would be if you inherited money, won the lottery you or your spouse got a new job earning more money.  By failing to report your new circumstances and continuing to receive benefits under previous status, you could be charged with a crime.</p>
<p>It is very important that you keep detailed records of all contact with public assistance.  Many of the forms used and information submitted to make a claim are done online.  Many times, persons receiving benefits and experience a favorable change in circumstances will contact their public assistance online or by telephone to notify of the change.  Due to poor funding and staffing, these officers sometimes do not receive the message or the computer systems used do not register that notice was sent indicating the change in circumstances.  The result is that there is no record in the file of any notification, and the information will be presented to the state attorney’s office for prosecution.  Keeping good records of all of your contact could be the difference between a criminal charge and an easily solvable administrative issue.</p>
<h2><b>Contact a </b>Broward County <b>Public Assistance Fraud Lawyer</b></h2>
<p>A case involving any public assistance fraud can subject you to harsh penalties including jail, probation, fines and the loss of any public assistance.  Anyone facing these serious charges needs to retain experienced, knowledgeable and accessible legal representation to ensure their rights are protected.</p>
<p>The Office of Attorney Grant Schwarz  has been representing criminal defense clients since 1979.  Lead Attorney Grant Schwarz is rated as a Top 100 Trial Lawyer by National Trial Lawyers, and ready to take your case on and start fighting to defend your rights today.  Contact the office of Attorney Grant Schwarz  if you or someone you know has been charged with a Florida Fraud Crime.</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/welfare-and-public-assistance-fraud/">Broward County Welfare and Public Assitance Fraud Attorney</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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		<title>Broward County Weapon Defense Lawyer</title>
		<link>https://www.criminalattorneyflorida.com/areas-of-defenses/weapon-defense/</link>
		
		<dc:creator><![CDATA[Grant Schwarz]]></dc:creator>
		<pubDate>Sun, 03 Dec 2017 01:07:17 +0000</pubDate>
				<guid isPermaLink="false">https://www.criminalattorneyflorida.com/?post_type=fcdl_aod&#038;p=140</guid>

					<description><![CDATA[<p>Despite Florida’s reputation as a tolerant firearm law state, Unlawful possession of any weapon or firearm in Florida are considered very serious and are prosecuted aggressively. Weapon Offense Charges Common Weapon Related Offenses: Carrying a Concealed Firearm (CCF) Carrying a Concealed Weapon (CCW) Improper Exhibition of a Weapon Possession of a Firearm by a Convicted [&#8230;]</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/weapon-defense/">Broward County Weapon Defense Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Despite Florida’s reputation as a tolerant firearm law state, Unlawful possession of any weapon or firearm in Florida are considered very serious and are prosecuted aggressively.<span id="more-140"></span></p>
<h2>Weapon Offense Charges</h2>
<p>Common Weapon Related Offenses:</p>
<ul>
<li><em><strong>Carrying a Concealed Firearm (CCF)</strong></em></li>
<li><em><strong>Carrying a Concealed Weapon (CCW)</strong></em></li>
<li><em><strong>Improper Exhibition of a Weapon</strong></em></li>
<li><em><strong>Possession of a Firearm by a Convicted Felon</strong></em></li>
<li><em><strong>Possession or Discharge of a Destructive Device</strong></em></li>
</ul>
<p><b>Carrying a concealed Weapon </b>is classified as a 1st Degree Misdemeanor and a judge can sentence you to up to 12 months in jail, up to 12 months of probation and up to $1,000.00 in fines.</p>
<p>Improper Exhibition of a Weapon is also classified as a 1st Degree Misdemeanor.</p>
<h2>Penalties for Weapon Offenses</h2>
<p>Essentially every other type of Weapon charge is a Felony and are punishable by Prison, Probation, Community Control, Forfeiture of the Weapon, Loss of Weapons Permit, Loss of Civil Rights and Heavy Fines.  Depending on what type of weapon, where it is found and your status as a felon you could be facing minimum mandatory prison sentences.  These minimum mandatory penalties can be 10 years, 20 years, 25 years or life in prison.  These minimum mandatory penalties come from Florida’s 10-20-Life law.</p>
<p>The 10-20-Life law was developed to punish firearm offenses severely.  If you possessed a firearm during the commission of a felony, you are facing a minimum of 10 years prison.  If the firearm was discharged during the commission of a felony, the minimum sentence is 20 years.  If another person was injured by the firearm during the commission of a felony the minimum is 25 years up to Life in Prison.</p>
<h2>Defenses for Weapon Offense</h2>
<h3>Valid Concealed Weapons Permit</h3>
<p>You may not be charged or convicted in Florida for Carrying a Concealed Weapon if you have in your possession, a valid Concealed Weapons Permit.  These permits are issued by The State Department of Agriculture. As long as you have the Permit with you at the time you are carrying a weapon, you are protected.</p>
<p>However, just because you have a Concealed Weapon Permit from Florida, does not mean you are protected in other states. The same goes for out of state Concealed Weapon Permit Carriers, Florida may not offer reciprocity with the licensing state.</p>
<p>Further, certain places strictly prohibit weapons from the premises; this goes even if you possess a valid Concealed Weapons Permit.  Be sure to learn the rules and policies of certain places before you enter while Carrying a Concealed Weapon there.</p>
<h3>Self Defense Products</h3>
<p>There are certain non-lethal weapons that are permissible to carry without a license.  As long as the item is recognized as a lawful self-defense product, you have a valid defense to Carrying a Concealed Weapon.  Examples of such products are Self-Defense Chemical Spray or a nonlethal stun gun or dart firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.</p>
<h3>Pocketknife</h3>
<p>It is permissible to carry a common pocketknife, plastic knife, or blunt-bladed table knife in a concealed manner, as they are not considered “weapons” under Florida law.  Whether a knife is considered a “common pocketknife” will be determined on a case-by-case basis.  This determination will depend on how large the blade, how the knife is exposed (spring loaded blade vs. fold out action) and other characteristics of the blade and handle.</p>
<ul>
<li><em><strong>Weapon in your own home or business</strong></em></li>
<li><em><strong>A person may lawfully carry a concealed firearm around their home or “Place of Business”. A Place of Business includes a place where a person is employed.</strong></em></li>
<li><em><strong>Vehicle Exception to Permit Requirement</strong></em></li>
</ul>
<p>If you do not have a valid weapons permit, and you have a firearm in your car you can be charged with carrying a concealed firearm.  If however you have met the exception listed under Florida Law, you can not be prosecuted.  The test that courts use is whether the firearm was “securely encased and otherwise not readily accessible for immediate use”.  This rule is otherwise known as the 2 step rule.  If the firearm is 1) in a holster and 2) in a glove box, then those 2 steps prevent the firearm from immediate use.  There are dozens of potential permutations of that rule but it is usually a 2 step process.</p>
<h2>Contact a <b>Broward County </b> Weapon Defense Attorney</h2>
<p>If you are charged with a weapon crime in Broward County <b>Contact Weapon Crimes Defense Attorney Grant Schwarz immediately at 954-620-8320. </b>The earlier you contact a Broward Criminal Defense Lawyer the better.  Call Grant Schwarz to start telling your side of the story.  Call our office for a free consultation 24 hours a day, 7 days a week including weekends and holidays.  We guarantee you will speak to a lawyer today.</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/weapon-defense/">Broward County Weapon Defense Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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		<title>Broward County Probation Violation Lawyer</title>
		<link>https://www.criminalattorneyflorida.com/areas-of-defenses/miami-probation-violation-lawyer-2/</link>
		
		<dc:creator><![CDATA[Grant Schwarz]]></dc:creator>
		<pubDate>Sun, 03 Dec 2017 01:06:32 +0000</pubDate>
				<guid isPermaLink="false">https://www.criminalattorneyflorida.com/?post_type=fcdl_aod&#038;p=139</guid>

					<description><![CDATA[<p>Many prosecutors will look at your initial probation sentence as a gift that they gave you in exchange for a plea or as a sentence you received after trial.  Prosecutors and judges get very upset when they see you back in “their” courtroom on an alleged violation of probation. If you have been accused of [&#8230;]</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/miami-probation-violation-lawyer-2/">Broward County Probation Violation Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Many prosecutors will look at your initial probation sentence as a gift that they gave you in exchange for a plea or as a sentence you received after trial.  Prosecutors and judges get very upset when they see you back in “their” courtroom on an alleged violation of probation.<span id="more-139"></span></p>
<p>If you have been accused of violating any of the terms or conditions of your probationary sentence, you are once again facing the full force of penalties that were available at the beginning of your case before you were sentenced.  Depending on the nature of the violation it is possible to be sentenced to jail, prison, community control or an even longer term of probation.</p>
<h2>Types of Violations</h2>
<p><b>There are two types of violations of probation that you can face:</b></p>
<ul>
<li><b>Technical Violations</b> – are allegations that you did not follow a specific term of condition of the probationary sentence.  Examples of Technical Violations are: Failure to submit to a drug test, missing a scheduled appointment, being late for curfew, traveling without permission.</li>
<li><b>New Law Violations</b> – are allegations that you committed a new crime while on probation.  These are the worst types of violations because not only are you charged with a violation of probation, but you are also facing a brand new criminal charge.</li>
</ul>
<h2>Penalties for Violating Probation</h2>
<p>It is because of the severe potential consequences of a violation of probation that it is absolutely necessary to hire an aggressive and knowledgeable attorney to fight back for you.</p>
<p>Once you are on probation, you are at the mercy of your Probation Officer (PO).  These people are some of the most unforgiving and impatient people in the entire criminal system.</p>
<p>They are usually supervising hundreds of probationers, are often not available on the phone or by email, and rarely respond to attempts at communication. This can be an extremely frustrating and dangerous situation for any person on probation.  It is very frustrating because you are not able to ask simple questions and dangerous because if you do not know what you need to do, you will likely be violated.</p>
<h2>Contact a <b>Broward County </b>Probation Violation Lawyer</h2>
<p>Violations of Probation are a totally different animal to deal with than a regular criminal charge.  When you are alleged to have violated your probation, the Probation Officer will file a Violation of Probation Warrant.  Most times these warrants are not eligible for bond and you must spend the entire time fighting the case while in jail.</p>
<p>Violations of probation cases are not eligible for jury trials, and the discovery period is very short.  Courts like to move these cases very quickly, and often sentence people who are found to have willfully and substantially violated their probation very harshly.</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/miami-probation-violation-lawyer-2/">Broward County Probation Violation Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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		<title>Broward County Trespassing Defense Attorney</title>
		<link>https://www.criminalattorneyflorida.com/areas-of-defenses/trespassing-defense/</link>
		
		<dc:creator><![CDATA[Grant Schwarz]]></dc:creator>
		<pubDate>Sun, 03 Dec 2017 01:05:56 +0000</pubDate>
				<guid isPermaLink="false">https://www.criminalattorneyflorida.com/?post_type=fcdl_aod&#038;p=138</guid>

					<description><![CDATA[<p>Have you been arrested or charged with Trespassing in Broward County?You should immediately consult with a proven, highly-skilled and experienced Broward Criminal Defense Lawyer who has fought cases under the law of Trespassing and related offenses as soon as possible to make sure that your rights are properly protected.  The Office of Attorney Grant Schwarz [&#8230;]</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/trespassing-defense/">Broward County Trespassing Defense Attorney</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Have you been arrested or charged with Trespassing in Broward County?You should immediately consult with a proven, highly-skilled and experienced Broward Criminal Defense Lawyer who has fought cases under the law of Trespassing and related offenses as soon as possible to make sure that your rights are properly protected.  The Office of Attorney Grant Schwarz  has represented thousands of criminal defendants in the tri county area and throughout Florida since 1979 and knows the proven defenses that work in and out of court.<span id="more-138"></span></p>
<p>Choosing a criminal defense lawyer to represent you after being arrested on charges of Trespassing is a very important decision you need to make very soon.  Florida Law categorizes most Trespassing and Trespass related crimes to be Misdemeanors, although depending on where you are and what you are alleged to have done you could be charged with a Felony.</p>
<h2>Types of Trespassing Include:</h2>
<ul>
<li>Trespass in Conveyance</li>
<li>Trespass on Property</li>
<li>Trespass on School Grounds</li>
<li>Trespass in Structure</li>
<li>Trespass on Construction Site (3rd Degree Felony)</li>
</ul>
<h2>Penalties for Trespassing</h2>
<p>Depending on a variety of factors and what the police claim you did, you could potentially be charged with any number of different Trespass related charges:</p>
<p>Misdemeanor Trespass</p>
<ul>
<li>Punishable up to:
<ul>
<li><em><strong>Maximum 60 days in jail</strong></em></li>
<li><em><strong>Maximum 6 months probation</strong></em></li>
<li><em><strong>Maximum $500.00 fine</strong></em></li>
</ul>
</li>
</ul>
<p>Felony Trespass</p>
<ul>
<li>Punishable up to:
<ul>
<li><em><strong>Maximum 5 years in prison</strong></em></li>
<li><em><strong>Maximum 5 years of probation</strong></em></li>
<li><em><strong>Maximum $5,000.00 fine</strong></em></li>
</ul>
</li>
</ul>
<p>Florida law provides several Enhancements or Aggravators which can turn a simple 2nd Degree Misdemeanor Trespass into either a 1st Degree Misdemeanor or even a Felony.</p>
<p>Enhancements / Aggravators:</p>
<ul>
<li><em><strong>Premises were occupied</strong></em></li>
<li><em><strong>Location of incident</strong></em></li>
<li><em><strong>Possession of a weapon or firearm at time of trespass</strong></em></li>
</ul>
<p>As you can see above, Florida Law provides several different types and degrees of Trespassing along with several potential Sentence Enhancements or Aggravators to increase the potential penalty you are facing.  When you hire the office of Attorney Grant Schwarz , you are hiring a firm with over 30 years of experience defending clients charged with Trespass and Trespass related charges in the State of Florida. Call today for a Free Consultation 24 hours a day 7 days a week.</p>
<h2>Issues a Trespass Offense Will Make</h2>
<p>Each case is different, but at the core of any Trespassing Crime Case, the state attorneys office has to prove beyond a reasonable doubt that you willfully and knowingly entered or remained without authorization on property, conveyance or in a structure.  The state could also seek to prove that you refused to leave property, conveyance or structure after being ordered to do so by an authorized person.  What this means is that the state must prove that you had the intent to enter or the intent to remain somewhere you knew you were not allowed to be.  This brings up issues involving:</p>
<ul>
<li><em><strong>Lack of intent to enter or remain somewhere</strong></em></li>
<li><em><strong>Insufficient warning</strong></em></li>
<li><em><strong>Lack of authority of person giving order to leave</strong></em></li>
<li><em><strong>Previous permission to enter or remain on premises</strong></em></li>
</ul>
<p>If the state is not able to meet their burden of proving every element beyond and to the exclusion of every reasonable doubt, the case can be dismissed and your record could potentially be expunged!</p>
<h2>First time being arrested?</h2>
<p>Is this the first time you have been arrested or charged with a Resisting or Obstructing Charge?  Call now to ask about potential enrollment in Pre-Trial Diversion programs for first time offenders.  While not really a defense to the charge, a pretrial intervention program is a method of resolving your criminal charges without going to trial.  Completing a pre-trial diversion program could be an available means to have your charges dismissed and then later sealed or expunged from your record.  Call today to find out more.  Lead Attorney Grant Schwarz is available 24 hours a day 7 days a week to discuss your charges, even holidays and weekends.  Call 954-620-8320 or email at Grant@dnslaw.com.</p>
<h2>Broward County Trespass Lawyer</h2>
<p>It is important that you contact the office of Attorney Grant Schwarz  to speak with an experienced and knowledgeable criminal defense attorney.  Attorney Grant Schwarz is a former prosecutor and knows how the state attorney’s office prosecutes these cases and knows how to properly defend his clients in an ethical and aggressive manner.   Grant Schwarz has been awarded a 10.0 out of 10.0 rating on Avvo.com and has been chosen as a Clients Choice in 2013.  In addition, Attorney Grant Schwarz has been selected by the National Trial Lawyers as a 100 Trial Lawyer in South Florida.</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/trespassing-defense/">Broward County Trespassing Defense Attorney</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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		<title>Broward County Traffic Ticket Lawyer</title>
		<link>https://www.criminalattorneyflorida.com/areas-of-defenses/traffic-ticket/</link>
		
		<dc:creator><![CDATA[Grant Schwarz]]></dc:creator>
		<pubDate>Sun, 03 Dec 2017 01:05:25 +0000</pubDate>
				<guid isPermaLink="false">https://www.criminalattorneyflorida.com/?post_type=fcdl_aod&#038;p=137</guid>

					<description><![CDATA[<p>Failing to properly handle your traffic ticket can result in points on your license, suspended license, large fines and higher insurance rates.  You could also be sentenced to unnecessary traffic school. Why go through all the hassle of going to court, dealing with police officers and potentially missing work.  Hire an attorney to do all of this for you.</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/traffic-ticket/">Broward County Traffic Ticket Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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										<content:encoded><![CDATA[<p>Most Cases are able to resolve with</p>
<ul>
<li><em><strong>No Points on your License</strong></em></li>
<li><em><strong>No Court Appearances</strong></em></li>
<li><em><strong>No Traffic School</strong></em></li>
<li><em><strong>No Office Visits</strong></em></li>
</ul>
<p>With us you almost never even need to leave your own home to fight a traffic ticket.</p>
<p><b>The Law Office of Attorney Grant Schwarz  can help defend your case involving:</b></p>
<ul>
<li><em><strong>All Accident Related Tickets</strong></em></li>
<li><em><strong>Careless Driving Tickets</strong></em></li>
<li><em><strong>Defective/Improper Equipment Tickets</strong></em></li>
<li><em><strong>Failure to Display Registration Tickets</strong></em></li>
<li><em><strong>Failure to Display Insurance Tickets</strong></em></li>
<li><em><strong>Failure to Display Driver’s License Tickets</strong></em></li>
<li><em><strong>Failure to Use Due Care Tickets</strong></em></li>
<li><em><strong>Following Too Closely Tickets</strong></em></li>
<li><em><strong>Red Light Tickets</strong></em></li>
<li><em><strong>School Zone Tickets</strong></em></li>
<li><em><strong>Seat Belt Tickets</strong></em></li>
<li><em><strong>Speeding Tickets</strong></em></li>
<li><em><strong>Stop Sign Tickets</strong></em></li>
<li><em><strong>Suspended License without knowledge Tickets</strong></em></li>
<li><em><strong>Toll Violation Tickets</strong></em></li>
<li><em><strong>Traffic Infraction Fatality Cases</strong></em></li>
<li><em><strong>All Other Traffic Violations and Tickets</strong></em></li>
</ul>
<h2>Contact a <b>Broward County </b>Speeding Ticket Attorney</h2>
<p>Failing to properly handle your traffic ticket can result in points on your license, suspended license, large fines and higher insurance rates.  You could also be sentenced to unnecessary traffic school. Why go through all the hassle of going to court, dealing with police officers and potentially missing work.  Hire an attorney to do all of this for you.</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/traffic-ticket/">Broward County Traffic Ticket Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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		<title>Broward County DUI Lawyer</title>
		<link>https://www.criminalattorneyflorida.com/areas-of-defenses/dui-lawyer/</link>
		
		<dc:creator><![CDATA[Grant Schwarz]]></dc:creator>
		<pubDate>Sun, 03 Dec 2017 01:04:54 +0000</pubDate>
				<guid isPermaLink="false">https://www.criminalattorneyflorida.com/?post_type=fcdl_aod&#038;p=136</guid>

					<description><![CDATA[<p>Nothing will turn your life upside down quite like a DUI in Florida.  These cases are prosecuted extremely aggressively even before the case reaches the courthouse.  Once you are arrested for DUI you will be fighting 2 separate cases simultaneously.  The first case happens immediately and it is against the DMV. The DMV will suspend [&#8230;]</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/dui-lawyer/">Broward County DUI Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Nothing will turn your life upside down quite like a DUI in Florida.  These cases are prosecuted extremely aggressively even before the case reaches the courthouse.  Once you are arrested for DUI you will be fighting 2 separate cases simultaneously.  The first case happens immediately and it is against the DMV.<span id="more-136"></span></p>
<p>The DMV will suspend your driver license for a period of 6 months for a first offense if your breath alcohol level is over the legal limit, and 1 year if you refuse to provide a breath sample.</p>
<p>The amount of information thrown at you when you are arrested for DUI is astounding!  Overwhelming feelings of helplessness, confusion and fear are very common.  This is why you should reach out to the attorneys at the office of Attorney Grant Schwarz .  We have been representing clients since 1979 and we are available 24 hours a day to speak to you regarding your DUI case.   While any DUI charge is potentially a very big problem but you also need to remember that you are innocent until proven guilty beyond a reasonable doubt in a court of law.</p>
<h2>Types of DUI’s in Florida</h2>
<p>As if the arrest for DUI wasn’t bad enough, a conviction for DUI will have very serious consequences on your life, career, relationships and future.</p>
<p>While you simply face charges right now, if you are convicted of drunk driving, you may spend time in jail. In serious DUI cases, such as DUI manslaughter, the conviction may land you in state prison. Even a first offense could result in up to 6 months in jail, so it is important to do everything you can to protect yourself against the penalties of a conviction. Some DUI offenses include:</p>
<ul>
<li><em><strong>DUI</strong></em></li>
<li><em><strong>Felony DUI</strong></em></li>
<li><em><strong>Multiple DUI</strong></em></li>
<li><em><strong>DUI with injury</strong></em></li>
<li><em><strong>DUI with accident</strong></em></li>
<li><em><strong>DUI with fatality accident</strong></em></li>
</ul>
<p>Regardless of what DUI charge you face, if convicted you will receive a permanent mark on your criminal record (unless your record can be expunged or sealed). You do not want to gamble with your future! Get a hard-hitting DUI defense attorney on your side and receive hope and help today!</p>
<h2>Penalties for a DUI in Florida</h2>
<p>Facing DUI charges can be very stressful, and if convicted, you may face steep consequences. Depending on the charges, however, different penalties may apply. Penalties for various DUI convictions include:</p>
<ul>
<li><em><strong>First Offense</strong></em>—Fine of $500-$1,000, mandatory 50 hours of community service, imprisonment for no more than 6 months, probation not exceeding a year, vehicle impoundment for 10 days, license revocation for minimum of 180 days.</li>
<li><em><strong>Second Offense</strong></em>—Fine of $1,000-$2,000, imprisonment for no more than 9 months, vehicle impoundment for 30 days, license revocation for a minimum of 5 years.</li>
<li><em><strong>Third Offense</strong></em>—Fine of $2,000-$5,000, imprisonment for no more than 12 months, vehicle impoundment of 90 days, license revocation for minimum of 10 years</li>
<li><em><strong>Third Offense Within 10 Years</strong></em>—Results in a Third Degree Felony, fine of $5,000 and/or imprisonment for no more than 5 years</li>
</ul>
<p>DUI Misdemeanor:</p>
<ul>
<li>Property Damage/Personal Injury—Fine of $1,000 and/or imprisonment for no more than 1 year</li>
</ul>
<p>DUI Felony:</p>
<ul>
<li><em><strong>Repeat Offender/Serious Bodily Injury—Fine of $5,000 and/or imprisonment for no more than 5 years</strong></em></li>
<li><em><strong>Manslaughter—Fine of $10,000 and/or imprisonment for no more than 15 years</strong></em></li>
<li><em><strong>Manslaughter/Leaving the Scene—Fine of $10,000 and/or imprisonment for no more than 30 years</strong></em></li>
</ul>
<p>Along with these consequences, you may have to face others that include: installation of an Ignition Interlock Device, completion of DUI Counter Attack School and treatment. Not only is a DUI conviction scary, it hurts your future and inconveniences your present. Nobody wants to be charged with something they weren’t guilty of or be crippled for life, as a result of a careless mistake. We believe in second chances and we fight for our clients’ continual freedom, peace, and happiness! No charge is a conviction until we have tried our best to dismiss or lessen it. Let us help you navigate the frightening and often overwhelming channels of a DUI case.</p>
<h2>Contact a Broward County DUI Lawyer</h2>
<p>Various tests may be administered when arrested for DUI. A blood alcohol concentration (BAC) test is usually administered. What you may not know is that many times these tests have been found to be inaccurate. There is no perfect testing equipment that is fail-safe, and the breathalyzer may be faulty or may not have had the required maintenance that any testing equipment requires. There are many other possible defenses against a DUI charge, so it important to make sure that you have a skilled defense attorney working on your behalf.</p>
<p>We have experience with multiple cases and preliminary hearings and have fought for clients facing both misdemeanor and felony charges. We give every individual we represent our personalized, dedicated attention. The Florida Court System and DMV take DUI charges seriously and you should too. While you face severe charges, it is important to remember that you haven’t been convicted yet. While you can’t be penalized yet, you could be soon unless you secure the aggressive legal defense you are going to need on your side immediately. Contact us today to receive hard-hitting DUI defense!</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/dui-lawyer/">Broward County DUI Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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		<title>Broward County Theft Defense Lawyer</title>
		<link>https://www.criminalattorneyflorida.com/areas-of-defenses/theft-defense/</link>
		
		<dc:creator><![CDATA[Grant Schwarz]]></dc:creator>
		<pubDate>Sun, 03 Dec 2017 01:04:10 +0000</pubDate>
				<guid isPermaLink="false">https://www.criminalattorneyflorida.com/?post_type=fcdl_aod&#038;p=135</guid>

					<description><![CDATA[<p>Florida Law provides several different types and degrees of theft.  Each type of Theft related offense can be charged several different ways and each carry with it many different potential penalties.  When you hire the office of Attorney Grant Schwarz, you are hiring a firm with over 30 years of experience defending clients charged with Theft and Theft related charges in the State of Florida.</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/theft-defense/">Broward County Theft Defense Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Have you been arrested or charged with a Florida Theft Crime such as:</p>
<ul>
<li><em><strong>Robbery</strong> </em>– with or without weapon or firearm</li>
<li><em><strong>Carjacking</strong></em></li>
<li><em><strong>Dealing in Stolen Property</strong></em></li>
<li><em><strong>Grand Theft</strong></em></li>
<li><em><strong>Grand Theft Auto</strong></em></li>
<li><em><strong>Felony Petit Theft</strong></em></li>
<li><em><strong>Petit Theft / Retail Theft / Shoplifting (misdemeanor)</strong></em></li>
<li><em><strong>Any other type of Florida Theft related offense (felony or misdeanor)</strong></em></li>
</ul>
<h2>Types of Theft Crimes</h2>
<p>Florida Law provides several different types and degrees of theft.  Each type of Theft related offense can be charged several different ways and each carry with it many different potential penalties.  When you hire the office of Attorney Grant Schwarz , you are hiring a firm with over 30 years of experience defending clients charged with Theft and Theft related charges in the State of Florida.</p>
<p>It is important that you contact the office of Attorney Grant Schwarz  to speak with an experienced and knowledgeable criminal defense attorney.  Attorney Grant Schwarz is a former prosecutor and knows how the state attorney’s office prosecutes these cases and knows how to properly defend his clients in an ethical and aggressive manner.  Understanding that all cases are different, Attorney Grant Schwarz focuses all of his knowledge as a former prosecutor and criminal defense attorney to build a defense that works for your particular case.</p>
<h2><b>Accused of stealing from your job or place of work?</b></h2>
<p>While any crime involving theft is a serious offense, the Courts and state attorney’s office consider it a particularly egregious offense to steal from ones employer.  Grant Schwarz has defended several clients who were charged with stealing or embezzling money or products from their place of work.  When this happens, the state attorney’s office and courts handle the cases very aggressively and seek to hand down very stiff penalties including prison, jail or long periods of community control or probation.</p>
<h2><b>First ever offense for Theft?</b></h2>
<p>If this is your first time ever having been Arrested or given an Notice to Appear for a Florida Theft Crime, ask Attorney Grant Schwarz about potential enrollment in a Pretrial Diversion Program.  The State of Florida has put into place several opportunities to have charges dismissed through Court monitored programs.  These programs are designed to “punish” illegal conduct and deter future illegal conduct.</p>
<p>In exchange for completing a combination of community service hours, education classes and remaining arrest free for a pre-determined period of time, the State Attorney’s Office will agree to dismiss your charges.  These programs are only offered to first time offenders, and even then, are dealt with on a case by case basis depending on who the alleged “victim” in the case is.</p>
<h2> Contact a <b>Broward County </b> Theft Attorney</h2>
<p>Contact the office of Attorney Grant Schwarz  if you or someone you know has been charged with a Florida Theft Crime.  Aggressive prosecutors and judges need to be met by an equally aggressive and knowledgeable attorney.  Grant Schwarz has the knowledge and experience to properly defend your Florida Theft case.  Call today for a free consultation.  Former Prosecutor and Experienced Criminal Defense Attorney Grant Schwarz at the Office of Attorney Grant Schwarz  can start building a defense for you today! Visit Grant Schwarz’s Facebook, Google+, Twitter or Avvo Ratings page to learn more.</p>
<p>Contact the office of Attorney Grant Schwarz  right away!</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/theft-defense/">Broward County Theft Defense Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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		<title>Broward County Stalking Defense Attorney</title>
		<link>https://www.criminalattorneyflorida.com/areas-of-defenses/stalking-defense-attorney/</link>
		
		<dc:creator><![CDATA[Grant Schwarz]]></dc:creator>
		<pubDate>Sun, 03 Dec 2017 01:03:37 +0000</pubDate>
				<guid isPermaLink="false">https://www.criminalattorneyflorida.com/?post_type=fcdl_aod&#038;p=134</guid>

					<description><![CDATA[<p>Stalking charges are prosecuted very aggressively and are considered a serious crime with potential for very stern penalties. What is Stalking? There are two Degrees of Stalking in Florida: Misdemeanor and Felony. Florida Statute 784.048(2) is the law that defines Misdemeanor Stalking: Willfully, maliciously and repeatedly; Following, harassing or cyberstalking another person. Florida Statute 784.048(3) [&#8230;]</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/stalking-defense-attorney/">Broward County Stalking Defense Attorney</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Stalking charges are prosecuted very aggressively and are considered a serious crime with potential for very stern penalties.<span id="more-134"></span></p>
<h2>What is Stalking?</h2>
<p>There are two Degrees of Stalking in Florida: Misdemeanor and Felony.</p>
<p>Florida Statute 784.048(2) is the law that defines Misdemeanor Stalking:</p>
<ul>
<li><em><strong>Willfully, maliciously and repeatedly;</strong></em></li>
<li><em><strong>Following, harassing or cyberstalking another person.</strong></em></li>
</ul>
<p>Florida Statute 784.048(3) is the law that defines Felony Aggravated Stalking:</p>
<ul>
<li><em><strong>Willfully, maliciously, and repeatedly;</strong></em></li>
<li><em><strong>Follow, harass or cyberstalk another person AND</strong></em></li>
<li><em><strong>Either:</strong></em>
<ul>
<li><em><strong>Makes a credible threat towards the other person</strong></em></li>
<li><em><strong>The other person is under the age of sixteen, or;</strong></em></li>
<li><em><strong>The other person has obtained a no contact order.</strong></em></li>
</ul>
</li>
</ul>
<p><em><strong>Cyberstalking </strong></em>– Electronically sending words, images, or language to a person that causes substantial emotional distress and serves no legitimate purpose</p>
<p><em><strong>Harassment </strong></em>– Engaging in a course of conduct directed at a specific person, which causes substantial emotional distress in that person and serves no legitimate purpose.</p>
<p><em><strong>Credible Threat </strong></em>– Verbal or nonverbal threat that places another person in reasonable fear for their safety, their family’s safety, or their close associates safety.</p>
<h2>Potential Penalties for Stalking</h2>
<p>Misdemeanor Stalking is classified as a 1st degree misdemeanor.</p>
<ul>
<li><em><strong>Up to 364 days in County Jail</strong></em></li>
<li><em><strong>Up to 12 months of Probation</strong></em></li>
<li><em><strong>Up to $1,000.00 in fines.</strong></em></li>
</ul>
<p>Aggravated Stalking is classified as a 3rd degree felony</p>
<ul>
<li><em><strong>Up to 5 years in prison</strong></em></li>
<li><em><strong>Up to 5 years of probation</strong></em></li>
<li><em><strong>Up to $5,000.00 in fines</strong></em></li>
</ul>
<h2>Potential Defenses to Stalking</h2>
<ul>
<li><em><strong>First Amendment Free Speech Activity</strong></em></li>
<li><em><strong>If the language alleged to be used falls under constitutionally protected speech, then it is a defense to the charge of Stalking.</strong></em></li>
<li><em><strong>Contact was for Legitimate Purpose</strong></em></li>
</ul>
<p>The major point in any stalking case is that the defendant allegedly contacted and harassed for no legitimate purpose at all.  If it can be shown that the Defendant was contacted the alleged victim for a legitimate purpose, be it a business dispute, child custody issues, customer complaints etc.  Then it can be argued that the contact was for a legitimate purpose and defeat a charge of stalking.</p>
<h2>Contact a Broward County  Stalking Defense Lawyer</h2>
<p>Just because you were arrested, cited or served with a court summons for Stalking Charges, does not mean that you are guilty of anything illegal.  Many times, these charges arise out of neighbor disputes, business disputes or ugly divorces.  Be aware that if you are currently facing charges of stalking, any contact with the alleged victim in the case will likely result in your being taken into custody and held without bond.  The potential consequences for a Stalking charge on your record could be disastrous.  Contact Grant Schwarz, former prosecutor, Avvo.com Superb Rated Criminal Defense Attorney to discuss your Stalking charges and start fighting back.</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/stalking-defense-attorney/">Broward County Stalking Defense Attorney</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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		<title>Broward County Sex Crimes Attorney</title>
		<link>https://www.criminalattorneyflorida.com/areas-of-defenses/sex-crimes/</link>
		
		<dc:creator><![CDATA[Grant Schwarz]]></dc:creator>
		<pubDate>Sun, 03 Dec 2017 01:03:04 +0000</pubDate>
				<guid isPermaLink="false">https://www.criminalattorneyflorida.com/?post_type=fcdl_aod&#038;p=133</guid>

					<description><![CDATA[<p>Sexually related crimes are some of the most aggressively prosecuted cases in all of Florida. The potential criminal and legal consequences you could be facing when charged with any Sex Crime are severe.  However the worst part of facing any sexually motivated or sexually related charge is the humiliation, ridicule and disgrace involved with accusations [&#8230;]</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/sex-crimes/">Broward County Sex Crimes Attorney</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Sexually related crimes are some of the most aggressively prosecuted cases in all of Florida. The potential criminal and legal consequences you could be facing when charged with any Sex Crime are severe.  However the worst part of facing any sexually motivated or sexually related charge is the humiliation, ridicule and disgrace involved with accusations of sexual misconduct.<span id="more-133"></span></p>
<p>The most important thing you can do for yourself or your loved one is to contact an experienced and hard working Broward Sex Crime Defense Attorney to begin working immediately to ensure that the police and the state are following the rules and treating you fairly.</p>
<p>The very mention or whisper of sexual misconduct will cause tremendous ripples through the community which could have disastrous effects at your job, in your marriage or relationship, relationship with your children, children’s relationship with their friends and schooling.  Further, becoming a convicted sexual offender will require that you register with the national database.  Your picture will be on the internet forever branded a sex offender and your life as you knew it will be over.</p>
<h2>Types of Sex Crimes in Florida</h2>
<p>If you are being accused of a Sex Crime, you should be aware of the different types of Sex Crimes Florida Law lists:</p>
<ul>
<li><em><strong>Prostitution</strong></em></li>
<li><em><strong>Indecent exposure</strong></em></li>
<li><em><strong>Lewd and lascivious conduct</strong></em></li>
<li><em><strong>Possession of child pornography</strong></em></li>
<li><em><strong>Transmission of material harmful to a minor</strong></em></li>
<li><em><strong>Sexual battery</strong></em></li>
<li><em><strong>Lewd and lascivious molestation</strong></em></li>
<li><em><strong>Unlawful sexual activity with minors</strong></em></li>
</ul>
<p>Depending on the type of conduct alleged these crimes range from Misdemeanors all the way through 1st Degree Felonies.  You could be facing at an absolute minimum, fines and court costs with mandatory HIV/STD testing all the way through mandatory life in prison.  Due to the severity of these types of Sexually Related or Sexually Motivated Offenses, it is of the utmost importance that you contact an attorney immediately.</p>
<p>Common Terms Used in Sex Crime Cases</p>
<ul>
<li><em><strong>Solicitation</strong></em></li>
<li><em><strong>Entice</strong></em></li>
<li><em><strong>Consensual</strong></em></li>
<li><em><strong>Lewd or Lascivious</strong></em></li>
<li><em><strong>Sexual Battery</strong></em></li>
<li><em><strong>Sex Offender Registry</strong></em></li>
<li><em><strong>Sex Offender</strong></em></li>
<li><em><strong>Romeo and Juliet</strong></em></li>
<li><em><strong>Child Pornography</strong></em></li>
<li><em><strong>Date Rape</strong></em></li>
</ul>
<h2>Contact a Broward County  Sex Crimes Defense Attorney</h2>
<p>Many times, before an arrest is made, the police will want to take a potential Defendants statement.  A sex crimes detective will reach out and say that someone has made a complaint, and that the police want to hear the story from the Defendants perspective.</p>
<p>If you are contacted by a sex crimes detective, contact Broward County Sex Crimes Defense Attorney, Grant Schwarz, immediately at 800-403-3887.   A detective will do everything in his/her power to intimidate you and get you to confess to a crime.  If you are being contacted by a detective it is important that you protect your rights.</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/sex-crimes/">Broward County Sex Crimes Attorney</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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		<title>Broward County Seal and Expunge Lawyer</title>
		<link>https://www.criminalattorneyflorida.com/areas-of-defenses/seal-and-expunge/</link>
		
		<dc:creator><![CDATA[Grant Schwarz]]></dc:creator>
		<pubDate>Sun, 03 Dec 2017 01:02:42 +0000</pubDate>
				<guid isPermaLink="false">https://www.criminalattorneyflorida.com/?post_type=fcdl_aod&#038;p=132</guid>

					<description><![CDATA[<p>In Florida, depending on how your criminal charge was closed, your criminal record can be either Sealed or Expunged.  There is a very significant legal difference between the two potential outcomes. Sealing Defined A record is considered sealed if the resolution is not accessible by the general public.  The record itself is still present in [&#8230;]</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/seal-and-expunge/">Broward County Seal and Expunge Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>In Florida, depending on how your criminal charge was closed, your criminal record can be either Sealed or Expunged.  There is a very significant legal difference between the two potential outcomes.<span id="more-132"></span></p>
<h2>Sealing Defined</h2>
<p>A record is considered sealed if the resolution is not accessible by the general public.  The record itself is still present in the court system and Florida Department of Law Enforcement, but the record hidden from public view.  Once the record is sealed, the only way to obtain information about the case is by filing a motion to unseal.  You are eligible to have your record sealed if you pled no contest and did not receive a conviction on your record and you have not been convicted of any other crime.</p>
<h2>Expungement Defined</h2>
<p>A record is expunged when the physical evidence of the case including the arrest reports, mug shots, fingerprints and anything evidencing your arrest is destroyed.  There is no way to un-expunge a record once the process is complete.  The process is not very difficult, but it can be very challenging to deal with the various agencies and governing bodies involved.  It is best to hire an attorney to make sure that all paperwork is filed and processed properly.  Otherwise the process could take a lot longer than necessary to expunge your record.</p>
<h2>Broward County Expunge Lawyer</h2>
<p>There are however several type of charges that cannot be sealed or expunged.  Call Grant Schwarz to learn more about the process and to find out whether your case is eligible for a seal or expungement process.  Call today to prevent your past from haunting you.</p>
<p>The post <a href="https://www.criminalattorneyflorida.com/areas-of-defenses/seal-and-expunge/">Broward County Seal and Expunge Lawyer</a> appeared first on <a href="https://www.criminalattorneyflorida.com">Criminal Attorney Florida</a>.</p>
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