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South Florida Criminal Defense Lawyer Blog

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What is Possession?

DRUG BUSTS 100 ‘most asked ‘ questions WHAT IS POSSESSION? To possess means to have personal charge of, or, exercise the right of ownership, management or control over the “thing” possessed. Mere proximity to a thing does not prove possession.  There has to be knowledge of its presence and control.…

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What are Drug Crimes?

CRIMES 50 ‘most charged’ crimes defined DRUG CRIMES The state can prohibit entirely the use of particular drugs for which there is both a lawful and an unlawful market, and may exercise broad police powers in regulating the possession of drugs. Controlled substances are divided into five categories, largely according…

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What is Battery?

CRIMES 50 ‘most charged’ crimes defined BATTERY A battery is an unlawful touching. The state must prove: The defendant intentionally touched or struck the victim against his/her will. A battery may become a felony when the touching causes serious bodily harm.

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What is Arson?

CRIMES 50 ‘most charged’ crimes defined ARSON Arson is the damage of property by fire or explosion.  For it to be a crime the state has to prove: There was damage to a structure or dwelling, caused by fire or explosion. The damage was done willfully, or during the commission…

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What Do I Do After I’m Arrested In Miami Florida? Part Three of a Three Part Series

What Do I Do After I’m Arrested In Miami Florida? This three-part series title: What Do I Do After I Am Arrested in Miami , is a complete run through of the criminal court processes from arrest through final disposition of a Miami criminal case.  This Article is Part Three…

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What is Vehicular Homicide?

CRIMES 50 ‘most charged’ crimes defined VEHICULAR HOMICIDE The state must prove more than a failure to use ordinary care.  The state must prove: The victim is dead. The death was caused by a motor vehicle operated by the defendant. The defendant operated the motor vehicle in a reckless manner…

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What Do I Do After I’m Arrested In Miami Florida? Part Two of a Three Part Series

What Do I Do After I’m  Arrested  In Miami  Florida? This three part series: What Do I Do After I Am Arrested in Miami, is a complete run through of the criminal court processes from arrest through final disposition of a Miami criminal case.  This Article is Part Two of…

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What Do I Do After I’m Arrested In Miami Florida? Part One of a Three Part Series

What Do I Do After I’m Arrested In Miami Florida?  Part One of Three Part Series. This three part series: What Do I Do If I Am Arrested in Miami Florida,  is a complete run-through of the criminal court processes from arrest through final disposition of a Miami criminal case.…

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What is R.I.C.O (Racketeering Influenced and Corrupt Organization Act)?

CRIMES 50 ‘most charged’ crimes defined R.I.C.O. (Racketeering Influenced and Corrupt Organization Act) There are five specific facts which must be proved: The defendant was associated with an “enterprise”. The defendant knowingly and willfully committed, or aided, at least two predicate offenses. That the two predicate offenses were connected with…

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What is Reckless Driving?

CRIMES 50 ‘most charged’ crimes defined RECKLESS DRIVING To prove reckless driving the state must prove two elements: Defendant operated a vehicle. Defendant did so with a willful or wanton disregard for the safety of persons or property. Willful means intentionally, knowingly and purposely. Wanton means with a conscious and…

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