What exactly is an expungement? An expungement, under Florida law, allows for persons who have been arrested to make their criminal record be made into a non-public record. In doing so, many of the challenges one faces due to having a criminal record are eliminated. The Florida Department of Law … [Read more...] about Expungement FAQs
Can the Court deny a Petition to Expunge Criminal History without any legal or factual basis?
Simply put, no, constitutional safeguards under procedural due process requires that a Judge follow the law and cannot deny a Petition for Expungement without prior evidentiary hearing. To do otherwise, would be to act outside their scope of authority. If the State Attorney does not file a … [Read more...] about Can the Court deny a Petition to Expunge Criminal History without any legal or factual basis?
Possession with Intent to Sell, Manufacture, or Deliver
In Okaloosa county and Walton county, drug arrests are on the rise. While possession alone is enough to warrant an arrest, under Florida Statute 893.13, no person is permitted to possess illegal substances (described in Florida Statute 893.03) with the intent to sell, manufacture or deliver. … [Read more...] about Possession with Intent to Sell, Manufacture, or Deliver
The Over-Prosecution of Drug Overdose Cases
When someone dies from a drug overdose, it is natural to ask two questions: 1) “Why did this happen?” 2) “Who is to blame?” These concerns have come to a head in recent years over the opiate crisis in this county. However, I would suggest that the solution to the crisis requires more than brute … [Read more...] about The Over-Prosecution of Drug Overdose Cases
Fake I.D. Charge in Okaloosa and Walton Counties
A vacation hotspot, Destin is known for targeting underaged drinkers. One of the most common charges associated with underaged drinking is the possession of a “fake I.D.” Depending on the type of identification used, the charges can vary. In accordance to FL statute 322.212 it is unlawful for a … [Read more...] about Fake I.D. Charge in Okaloosa and Walton Counties
What is a BUI or Boating Under the Influence?
Hundreds of people are arrested every year for BUI on the Emerald Coast. Destin, Florida is a particular hotspot for FWC (Florida Fish and Wildlife Conservation Commission) and Coast Guard patrols during the summer months, especially near Crab Island. Knowing what leads to an arrest can certainly … [Read more...] about What is a BUI or Boating Under the Influence?