What to Know About Underage DUI Arrests

Under Florida Statutes Section 322.2616, law enforcement officers are allowed to test any underage individual suspected of alcohol use, regardless of whether or not a guardian or parent is present. Any individual under the age of 21 found to have a blood alcohol concentration greater than 0.02 is immediately issued a hard license suspension for…

Written by Mark Germain on July 28, 2022

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Warrantless Search and Seizure Cases in Brevard FL

The Fourth Amendment of the US Constitution ensures that each Citizen of the United States is free from ‘unreasonable searches and seizures’ by the US government. However, the term ‘unreasonable’ is not well-defined in this doctrine, granting the government latitude to conduct searches under the guise of public protection. However, the US Supreme Court Justices…

Written by Mark Germain on July 20, 2022

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Best Defenses for Drug Trafficking Charges

Drug trafficking is a serious charge, with Florida state and federal prosecutors taking an aggressive stance against alleged criminals in an effort to combat the drug epidemic sweeping the country. Trafficking charges can result in imprisonment, expensive fines, and a blemish on your personal and professional life. In order to prove guilt, a trafficking charge…

Written by Mark Germain on July 13, 2022

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Murder vs Manslaughter — What’s the Difference?

The terms ‘manslaughter’ and ‘murder’ are sometimes used interchangeably (and wrongly) by the general public. Understanding the difference between these two is important for those facing charges or who know someone facing charges. The Definition of Murder by Common Law Murder is defined as the intentional killing of another human, with malice, in the absence…

Written by Mark Germain on July 8, 2022

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What to do if you have been arrested for video voyeurism in Florida?


Florida takes allegations of video voyeurism seriously, conducting aggressive and thorough investigations. Sometimes, these overly aggressive investigations can result in innocent suspects being arrested. Don’t Speak to the Authorities You have a constitutional right to remain silent. Ask to speak to an attorney and to have one present before questioning. Do not offer up any…

Written by Mark Germain on June 30, 2022

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Why You Shouldn’t Rely on a Public Defender for Your Defense

Public defenders provide a critical service to the criminal justice system, representing those individuals who are unable to afford representation for their cases. But is a public defender the right choice for you? Turns out, there are three key areas where hiring a public defender may put you at a disadvantage. 1. Heavy Caseload It’s…

Written by Mark Germain on June 27, 2022

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Most Common Questions If You Have Been Arrested for a DUI

1. What Do I Say if the Officer Asks me Questions? Give them your name, license, and registration. Politely state that you intend to cooperate fully, but that you would like a lawyer present for any official questioning. 2. Did the Officer Even Have a Reason to Pull me Over? Officers generally pull over drivers…

Written by Mark Germain on June 22, 2022

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What to Do if a Police Officer Asks to Search Your Vehicle?

You see lights in your rearview, your heart starts to pound as you pull over. After providing your license and registration the officer asks to search your vehicle. What should you do? What are your rights in the state of Florida? Can Police Search Your Vehicle Without a Warrant? The Fourth Amendment of the US…

Written by Mark Germain on June 8, 2022

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State vs Federal Crimes — What’s the Difference?

State legislators in Florida and around the country pass laws that both define criminal statutes within their respective states, as well as the punishments for violations of those statutes. Similarly, Congress does the same for federal laws. Jurisdiction Matters The vast majority of crimes are violations of state law. Such crimes include theft, burglary, robbery,…

Written by Mark Germain on June 1, 2022

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The Florida sex offender classification in Florida explained

Under Florida law, those convicted of sex crimes are classified as sex offenders. Within that designation, there are several unique classifications ranging from 1-3, with each level delineated by the severity of the crime. Level I Sex Offender The least serious of sex crimes, such a designation is often given to those offenders whom the…

Written by Mark Germain on May 25, 2022

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