Can your spouse testify against you in court?
Rae Shearn Law Blog
by gturnercontentcustoms
1y ago
You may have heard that one spouse cannot testify in court against the other spouse under something known as “spousal privilege.” The idea behind the rule is that marriage is a sacred union and a married couple should be able to freely share their secrets with each other. Is that really true? “Spousal privilege” is something that has been outright eliminated in many states altogether. It still exists in Florida, but the privilege is limited and does not apply in all situations. Under Florida law, a spouse cannot be compelled to testify against their spouse in a criminal case, except in cases i ..read more
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How the drug courts help people preserve their reputations
Rae Shearn Law Blog
by gturnercontentcustoms
1y ago
A conviction for drug charges might result in jail time and fines. It can affect someone’s career and professional licensing in certain cases. A drug-related criminal conviction will also lead to a criminal record that will turn up every time someone applies for a new job. Drug charges also tend to damage someone’s reputation. Even a teenager or a college student who is convicted of a drug offense can expect substantial limitations on their future opportunities because of their criminal record. Especially when someone who has been accused of drug-related wrongdoing is a young adult, family mem ..read more
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Can you exclude certain evidence from your criminal trial?
Rae Shearn Law Blog
by gturnercontentcustoms
1y ago
The best response to pending criminal charges will depend on the allegations made by the state and the evidence the prosecutor has. The stronger the evidence connecting you to criminal activity, the harder it may become to mount a successful defense. Your right to access information about the prosecutor’s evidence can play a major role in how you prepare your defense strategy. Many people accused of a crime will first seek to prevent the inclusion of certain evidence in the case against them before taking other actions. A criminal defense attorney can occasionally convince a criminal judge tha ..read more
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3 reasons not to agree to standardized field sobriety testing
Rae Shearn Law Blog
by gturnercontentcustoms
1y ago
Maybe you thought it was no big deal when you saw the red and blues flashing behind your car and knew you were about to be pulled over. You realized that you cut that last light a little too close, and you’re hoping for a warning instead of a ticket. You didn’t expect the officer to start asking probing questions about where you’d been and what you’d been doing – and you quickly realized that you were under suspicion of driving while intoxicated. The next thing you know, the officer is asking you to submit to one or more standardized field sobriety tests. Typically, the three tests used are th ..read more
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3 ways a Florida drug charge can harm a college student
Rae Shearn Law Blog
by gturnercontentcustoms
1y ago
Parents expect their children to learn a few lessons the hard way when they move off to college. Young adults who no longer have the constant supervision of parents to guide their daily behavior may engage in reckless actions or at least make some very questionable decisions in their first months away at school. Such experimental and rebellious behavior is normal and can be productive to a certain degree. It helps a young adult better learn who they are as a person and can help them establish relationships with their peers at college. Unfortunately, some young adults will take things too far ..read more
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How does wire fraud happen?
Rae Shearn Law Blog
by gturnercontentcustoms
1y ago
Fraud is the deliberate intent to unlawfully deceive a victim while gaining something or denying the victim their basic rights. Some of the more common forms of fraud include tax fraud, security fraud, disability fraud and bankruptcy fraud. These fraudulent activities may be conducted by one person or a group of people. Wire fraud is another form of illegal activity that takes advantage of technology. Most forms of wire fraud are done over the phone, but many modern forms of fraud are conducted by text, email or social media messaging. Wire fraud targets people willing to pay out large sums of ..read more
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What is a constructive possession drug charge?
Rae Shearn Law Blog
by rohan.m@thomsonreuters.com
1y ago
Drug possession in Florida typically involves an arrest and charge if someone is caught with drugs on them. However, if drugs are found in a car, in a home or somewhere else, then there may be a possible constructive possession charge. If this is the first time you’ve heard of constructive possession then here’s what you should know: Actual vs. constructive drug possession A drug possession charge may be considered actual if someone is found to have a small amount of illegal substance for personal use and may have been sold or distributed. In the case of an actual drug possession charge, the d ..read more
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How to handle a souvenir DUI charge from a Florida vacation
Rae Shearn Law Blog
by gturnercontentcustoms
1y ago
A vacation in Florida may be just what the doctor ordered if your stress levels get too high. Hitting the beach, visiting amusement parks or going out for an upscale meal could all help you relax and unwind. Unfortunately, people often go too far in their attempts to enjoy their vacations and might run afoul of Florida law during their visit. All too often, tourists may feel like they have no choice but to try to drive themselves home after one round too many at a nightclub. They may then have to go home after their vacation with pending driving under the influence (DUI) charges outstanding in ..read more
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What you need to know about the death penalty
Rae Shearn Law Blog
by gturnercontentcustoms
1y ago
In Florida, the death penalty, also known as capital punishment, is still a possible penalty for heinous crimes. Usually, only capital murder charges can lead to the death penalty, and even then, it isn’t often used to penalize someone convicted for murder. The death penalty has changed over time. The death penalty passed a new capital punishment statute in 1972 in response to an important case, Furman v. Georgia. Several years later in the 1990s, a series of failed or botched electric chair executions led to the state switching to lethal injection. It wasn’t until 2016 that the state abolishe ..read more
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Can a Breathalyzer test be faulty?
Rae Shearn Law Blog
by christine.tomek@thomsonreuters.com
1y ago
You probably have some knowledge about the Breathalyzer test, which is the test used to determine if someone has alcohol on their breath during a traffic stop. The police use these tests to gather evidence to show that someone is driving while impaired. They may also use this test to determine if someone may be impaired due to other reasons, such as because of taking impairing drugs or suffering from a medical emergency. The problem with using Breathalyzer tests is that they are not 100% accurate. According to one report, thousands of people may end up in jail annually because of faulty tests ..read more
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