CRIMES 50 ‘most charged’ crimes defined MANSLAUGHTER Manslaughter is killing a human being without malice, and without premeditation, and without justification or legal excuse. It is taking a human life by culpable negligence, but without the specific intent to cause death. Manslaughter differs from murder: malice (evil intent) and premeditation…
South Florida Criminal Defense Lawyer Blog
HOW TO REDUCE YOUR FEDERAL PRISON SENTENCE IF THE GUIDELINES CHANGED
HOW TO REDUCE YOUR FEDERAL PRISON SENTENCE IF THE GUIDELINES CHANGED The Guidelines Commission has closed the comment period for a proposed rule change on how to reduce your federal prison sentence IF a revision to the Guidelines is in your favor: That means, IF you were before a federal…
Excerpt from Attorney Ralph Behr’s Book. Can a Police Lie to Me? What is Leaving the Scene of an Accident?
CRIMES 50 ‘most charged’ crimes defined LEAVING THE SCENE OF AN ACCIDENT To prove the crime of leaving the scene of an accident the state must prove: Defendant was the driver of a vehicle involved in an accident resulting in property damage, (usually means over $100.00) injury (or death)…
Excerpt from Attorney Ralph Behr’s Book. Can a Police Lie to Me? What is a Felony?
CRIMES 50 ‘most charged’ crimes defined What is a FELONY? A felony is any crime which is punishable by one year or more in prison. Felonies are divided into degrees. Felonies also carry a loss of civil rights: -the right to vote -the right to hold elected office -the…
Excerpt from Attorney Ralph Behr’s Book. Can a Police Lie to Me? What is a Misdemeanor?
CRIMES 50 ‘most charged’ crimes defined WHAT IS A MISDEMEANOR? A misdemeanor is any crime which is punishable by a stay in the county jail of up to 364 days. You go to jail for violating a misdemeanor statute. You go to prison for violating a felony statute. You do…
DEVELOPMENTS IN FLORIDA CRIMINAL LAW: DISMISSING CASES DUE TO DELAYS
DEVELOPMENTS IN FLORIDA CRIMINAL LAW: DISMISSING CASES DUE TO DELAYS BY THE PROSECUTION IN FILING AND ARRESTING DEFENDANTS Good wine, good romances, good cheese, all improve with age. It’s also true of criminal cases. One of the least used and least understood motions in Florida is a motion to dismiss,…
Excerpt from Attorney Ralph Behr’s Book. Can a Police Lie to Me? What is Burglary?
CRIMES 50 ‘most charged’ crimes defined BURGLARY Burglary is trespass PLUS an additional criminal act. The intent to commit a criminal act must have been formed before the trespass for the charge of burglary to be proven. There are different punishments for different fact patterns. Burglary of an occupied…
Excerpt from Attorney Ralph Behr’s Book. Can a Police Lie to Me? What is Counterfeiting?
CRIMES 50 ‘most charged’ crimes defined COUNTERFEITING It is a Federal crime for anyone to falsely make or counterfeit any United States Federal Reserve Notes (money, bonds, etc.). The defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable…
Excerpt from Attorney Ralph Behr’s Book. Can a Police Lie to Me? What is Driving Under the Influence (DUI)?
CRIMES 50 ‘most charged’ crimes defined (DUI) DRIVING UNDER THE INFLUENCE A person is guilty of Driving under the Influence if all the following can be proven by the state: The defendant was in actual physical control of a vehicle (car, truck, motorcycle, bicycle, boat, motorbike). The person was under…
The First Step Act of 2018
What to know if you are in inmate in a Federal Prison: The New First Step Act of 2018 For those who have family members or friends serving federal time the…