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South Florida Criminal Defense Lawyer Blog

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Excerpt from Attorney Ralph Behr’s Book. Can a Police Lie to Me? What is Criminal Conspiracy?

                                                                          CRIMES 50 ‘most charged’ crimes defined CONSPIRACY A “conspiracy” is an agreement or a kind of “partnership” in criminal purposes in which each member becomes the agent or partner of every other member. The essence of a conspiracy offense is the making of the agreement itself (followed by the…

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THE TEN COMMANDMENTS OF FEDERAL SENTENCING

THE TEN COMMANDMENTS OF FEDERAL SENTENCING   FIRST COMMANDMENT “THOU SHALT HAVE NO OTHER JUDGES BEFORE ME” “Thou shalt love and Honor Thy Judge with all thine heart, and with all thy soul, and with all thy oral argument.”  A blessing is a Sentencing Judge whom knowest and desires what…

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Excerpt from Attorney Ralph Behr’s Book. Can a Police Lie to Me? What is Assault?

CRIMES 50 ‘most charged’ crimes defined ASSAULT An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear that violence is imminent. The word assault…

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NARCOTICS SMUGGLING HIGHLIGHTED IN THE EL CHAPO TRIAL IN FEDERAL COURT IN NEW YORK

NARCOTICS SMUGGLING HIGHLIGHTED IN THE EL CHAPO TRIAL IN FEDERAL COURT IN NEW YORK The federal trial in New York of reputed Mexican drug kingpin Joaquin Guzman Lorea, best known in the public eye as El Chapo, has, for many, brought focus on what is new and upsetting information about the…

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“What is a Crime; a Violation, Felony or a Misdemeanor?”

CRIMES 50 ‘most charged’ crimes defined WHAT IS A CRIME? “Crime” means a felony or a misdemeanor. Violations and infractions are not defined as crimes. There are no “common law” crimes.   That means that you cannot be arrested for bad behavior.  You can only be arrested and charged with violating…

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Federal Sentencing: how to get from the Guidelines to a Non-Guidelines Variance

Federal sentencing was upset when the Supreme Court, in 2005, ruled that the Sentencing Guidelines are no longer mandatory but merely advisory.  What was then thought a landmark decision (taking sentencing from the heartland of the Guidelines back to judicial discretion) has been somewhat  illusory.  “Illusory”…yes as now a federal…

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Nicholas A. Borgesano Pleads Guilty to Multimillion Healthcare Fraud

Owner and president of a New Port Richey pharmacy, Nicholas A. Borgesano, plead guilty to two counts of conspiracy in the Middle District of Florida on October 30th, 2017, for being at the center of a multi-million-dollar mediation fraud scheme.  Mr. Borgesano is 45 and his sentencing will be scheduled…

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Florida Woman Charged With DUI While Riding A Horse Drunk….

On November 4, 2017, Donna Byrne, was seen riding a horse while under the influence of alcohol on a busy highway on Combee Road near North Crystal Road in Lakeland, which is 35 miles east of Tampa.   Byrne was found around 3 PM, smelled like alcohol, her eyes were watery…

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College Campuses “Handle” Sexual Assault Cases

At the beginning of this year CBS News reported that there were more than 300 open investigations of sexual violence at colleges and universities across the country according to the Department of Education.  They also explained that of the 223 schools under investigation, five are located in Florida.  The five…

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