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Miami DUI Refusal: What You Need to Know About the Law

By Ratzan & Faccidomo LLC |

Drivers who are stopped for suspected drunk driving in South Florida can expect to be asked to submit to a breath test or blood test. If you fail to submit to DUI test, you will almost certainly be arrested. Florida has an implied consent law on the books. If you are asked to submit… Read More »

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College Students: Could an Arrest Cost You Your Financial Aid?

By Ratzan & Faccidomo LLC |

If you or your college student has been arrested, it is crucial that you seek professional guidance. Under current state and federal regulations, a person’s eligibility for certain types of financial aid could be affected by a criminal conviction. Financial aid eligibility is an important consideration for college students who are facing criminal charges… Read More »

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Federal Prosecutors Accuse South Florida Police Officers of Framing 16-Year-Old

By Ratzan & Faccidomo LLC |

On June 13th, 2018, National Public Radio (NPR) published a shocking story that came out of the South Florida town of Biscayne Park. With just over 3,000 people, it is not often that the this small Miami-Dade County community makes national headlines. Unfortunately, the headlines in this case are not good. According to federal… Read More »

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LadyJustice

Florida Probation Violations: Explained

By Ratzan & Faccidomo LLC |

Under Florida law, a defendant can be charged with a violation of their probation (VOP) if they are deemed to have willfully violated the conditions of their sentence. Probation violation cases are notoriously complex: these cases differ substantially from other criminal law proceedings. There is a lower standard of proof, and some of the… Read More »

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Fourteen South Florida Residents Charged in Massive Computer Fraud Case

By Ratzan & Faccidomo LLC |

On May 31st, 2018, the Miami Herald reported on a recent federal court indictment. Fourteen South Florida residents are among the seventeen people that have been charged in a $25 million computer fraud scheme. Mostly residents of Palm Beach County and Broward County, the co-conspirators have been charged with a variety of wire fraud… Read More »

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Study: Many Jurors Fail to Grant Defendants a Presumption of Innocence

By Ratzan & Faccidomo LLC |

Under American criminal law, defendants are innocent until they are proven guilty. You have probably heard this phrase many times before; most people are familiar with the general concept. In a criminal court, the prosecution has the legal burden of presenting evidence to prove the defendant’s guilt beyond a reasonable doubt. This is one… Read More »

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Florida Criminal Law Watch: Orlando Area Prosecutors Will Not Seek Monetary Bail for Certain Crimes

By Ratzan & Faccidomo LLC |

On March 16th, 2018, the Miami Herald reported on an important story originating out of Central Florida. Prosecutors in Orange County and Osceola County will no longer seek cash bail for certain minor crimes. This is an incredibly important step that will help make our justice system more fair to criminal defendants of all… Read More »

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Large Drug Bust Reported in Southwest Florida

By Ratzan & Faccidomo LLC |

On May 4th, 2018, WFLA News Channel 8 reported that 77 people have been arrested in a massive drug trafficking bust in Sarasota County, Florida. The Sheriff’s Office labeled the arrest a part of ‘Operation Spring Cleaning’. According to law enforcement officials, this operation was focused on breaking up the manufacturing and trafficking of… Read More »

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Supreme Court of Florida Clarifies State Criminal Procedure on Statute of Limitations Defenses

By Ratzan & Faccidomo LLC |

On April 12th, 2018, the Supreme Court of Florida issued a decision in the case of State of Florida v. Earvin Smith. The primary issue at stake in this case was: Must criminal defendants raise the possibility of a statute of limitations defense at their initial trial in order to preserve that issue for… Read More »

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Americans are Increasingly Concerned About Over-Incarceration

By Ratzan & Faccidomo LLC |

The United States has a higher rate of incarceration than any other country on earth. The Prison Policy Initiative reports that the American incarceration rate is approximately 693 per 100,000 residents. Not only is this far above the global average, it is far above the second highest rate. The only other countries that have… Read More »

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Former Florida Football Star Sentenced to More Than 20 Years in Prison for Healthcare Fraud

By Ratzan & Faccidomo LLC |

On April 16th, 2018, the Miami Herald reported that Monty Grow, a former football star who played at the University of Florida and for the NFL’s Jacksonville Jaguars, was sentenced to 22 years in prison for his role in leading a complex healthcare fraud scheme. The United States Department of Justice (DOJ) alleges that… Read More »

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Know Your Rights: Can Florida Police Search Your Cell Phone?

By Ratzan & Faccidomo LLC |

Your smartphone carries an enormous amount of sensitive information about you and your life. If you have been arrested or detained by a Florida police officer, they may want to look through your phone. However, you have a legal right to keep your phone and its contents free from an unreasonable search. Florida police… Read More »

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Were You Arrested for DUI in Miami, Florida? You Have Ten Days to Save Your License

By Ratzan & Faccidomo LLC |

The state of Florida has some of the toughest drunk driving laws in the entire country. If you are arrested for a DUI in South Florida, you could face serious penalties. Among other things, you may lose your driving privileges. In fact, though many people do not know it, after a DUI arrest your… Read More »

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Why You Should Not Just “Plead Guilty” to Underage Drinking Charges

By Ratzan & Faccidomo LLC |

We all understand that alcohol is a common presence on college campuses throughout South Florida. Yet, under Florida law (Florida Statutes 562.111), it is a criminal act for a person who is under the age of 21 to be in possession of alcohol. If you or your college student has received an underage drinking… Read More »

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DefRights

Florida Mother Wrongfully Held for Five Months Due to Botched Field Drug Test

By Ratzan & Faccidomo LLC |

On March 10th, 2018, the Miami Herald reported on a stunning, heartbreaking story out of Pasco County, Florida. According to an investigation, a Tampa mother was arrested and held in jail for five months after a police officer’s botched field test incorrectly identified her vitamins as oxycodone pills. Sadly, this mistake is far from… Read More »

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Florida Doctor Sentenced to 17 Years in Prison for Medicare Fraud

By Ratzan & Faccidomo LLC |

According to reporting from the Miami Herald, Salomon Melgen, an eye doctor from West Palm Beach, FL, is now facing 17 years in jail for his role in a complex Medicare fraud scheme. This sentence comes after a Palm Beach County jury had found Mr. Melgen guilty on 67 different counts of Medicare and… Read More »

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Florida Bill to Ease Drug Trafficking Mandatory Minimums is Making Progress

By Ratzan & Faccidomo LLC |

The state of Florida has some of the toughest drug trafficking laws in the entire country. Many lawmakers have noticed that the harsh drug trafficking laws that originally were designed to take on some of the world’s most dangerous drug cartels are not working in the modern era. First time-offenders and non-dangerous drug addicts… Read More »

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South Florida Man Sentenced to 15 Years in Prison for $20 Million Mortgage Fraud

By Ratzan & Faccidomo LLC |

In early February, the Miami Herald reported that Marco Laureti, a 46-year-old man from South Florida had been sentenced to 15 years in prison for his role in perpetrating a $20 million mortgage fraud scheme. Late last year, Mr. Laureti was convicted of several counts of wire fraud and one count of conspiracy to… Read More »

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Advocate

What are the Age of Consent Laws in Florida?

By Ratzan & Faccidomo LLC |

In order to lawfully engage in sexual activity, a person must be old enough to give their consent. In Florida, the age of consent is 18 years old. Any person who is under the age of 18 does not have full authority to consent to sexual conduct. If you violate Florida’s age of consent… Read More »

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What is Entrapment?

By Ratzan & Faccidomo LLC |

Entrapment is the act of law enforcement or another government authority pushing an individual into committing a criminal offense with the intention of arresting him or her and charging the individual with a crime. It is illegal, and when it occurs, it can cause an innocent individual to be convicted of a crime. If… Read More »

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