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Articles Posted in Property Crimes

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What Is Probable Cause?

What is probable cause? When a police officer conducts an arrest, probable cause is the standard used to justify a search by police.  It simply is the legal basis upon which a legal search by a policeman or police agency can be based.  The Fourth Amendment to the United States…

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What is Civil Theft?

In short, the cause of action of Civil Theft involves the taking of another person’s property without their consent with the intention to deprive the person of their property.  There is no distinction in terms of the act of theft between criminal and civil theft.  However, the consequences are different…

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Is It Legal for Police to Briefly Detain Me?

Police frequently conduct searches of individuals based on a reasonable suspicion.  A brief investigative detention based on a reasonable suspicion is called a “Terry Stop”. What is Reasonable Suspicion? Reasonable suspicion is a term that is used to refer to a police officer’s reasonably justifiable suspicion that a person had…

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How Can You Appeal a Criminal Conviction?

In Florida, someone who has been convicted of a crime can consider appealing a conviction to obtain relief from the conviction and sentence.  The criminal court system allows appeal.  However, most lower court decisions are upheld.  Therefore, attempting to appeal a case may be a significant challenge.  Some appeals are…

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If You Have Been Charged with a Crime, Do You Know What Mens Rea Means?

What is Mens Rea?  Mens Rea is the mental element of an individual’s intent to commit a crime.  It can also be expressed as the knowledge that a particular act would result in a crime being committed. Why is Mens Rea significant if I have been accused of a crime?…

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DO YOU UNDERSTAND YOUR MIRANDA RIGHTS?

The United States Supreme Court handed down a decision that has been historic in a case entitled the Miranda v. Arizona, in 1966.  Essentially, four cases made it to the United States Supreme Court with similar issues.  All cases involved interrogation by police in a closed room where the putative…

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What is the Speedy Trial Rule?

The Sixth Amendment to the U.S. Constitution is what Florida’s Speedy Trial Rules are based upon.  The right to a Speedy Trial is a fundamental right.  It is designed to eliminate incarceration for long periods of time when one is accused of a crime.  The Florida Rules of Criminal Procedure…

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When Do Arrest Warrants Expire in Florida?

Is There a Warrant Issued in My Name? There are numerous warrants issued for almost every type of crime that occurs in Florida.  The warrant system is used to apprehend criminals and those accused of a crime.  Despite the belief that warrants expire, they do not.  Additionally, warrants can be…

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Who Should File a Rule 3.850 Post Conviction Relief Motion?

When Should You File a Post Conviction Relief Motion in Florida? A motion for post conviction relief is a motion that is filed after an individual is convicted of a crime where the court is being asked to relieve a person from their conviction.  The following grounds may be used…

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