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Category Archives: Criminal Defense

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The Three Ps of Drug Possession

By Eighmie Law Firm, P.A. |

Some people think the War on Drugs ended in the 1980s. At least as far as drug possession is concerned, that’s patently untrue. These arrests have increased 400 percent since the 1980s. A single pill could mean felony charges. And, felony arrests and convictions look very good on police officer and prosecutorial resumes. Despite… Read More »

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Some Effective Defenses to Assault and Other Violent Criminal Charges

By Eighmie Law Firm, P.A. |

Most criminal cases do not go to trial. In fact, plea bargains resolve over 95 percent of all the criminal cases in the Treasure Coast region. Generally, negotiated settlements involve a lesser charge and/or a reduced sentence. For example, if the evidence is weak, many prosecutors reduce aggravated assault charges to simple assault. The… Read More »

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The Five Types of Driving Impairment

By Eighmie Law Firm, P.A. |

Driver error is responsible for over 90 percent of the vehicle collisions in Florida. Sometimes, this error involves a traffic law violation, such as speeding or running a red light. Other times, vehicle collisions begin before drivers get behind the wheel. Due to the nature of impairment-related wrecks, a Port St. Lucie personal injury… Read More »

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The Why and When of Miranda Rights

By Eighmie Law Firm, P.A. |

Most people are at least somewhat familiar with the Miranda rights (you have the right to remain silent, you have the right to an attorney, etc.). These rights mostly come from the Fifth and Sixth Amendments in the Constitution’s Bill of Rights. The requirement to read defendants their rights comes from a 1960s Supreme… Read More »

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Five Ways to Overturn a DUI Checkpoint Arrest

By Eighmie Law Firm, P.A. |

In 1968, the Supreme Court initially ruled that officers must have reasonable suspicion of criminal activity before they detain motorists. Generally, that reasonable suspicion is a traffic violation, such as speeding or making an illegal turn. Recently, the Supremes have watered down this rule, but it remains on the books. DUI roadblocks are an… Read More »

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If I Get in a Fight, Will I Be Charged With a Misdemeanor or a Felony?

By Eighmie Law Firm, P.A. |

As the mercury begins rising in Florida, the state will probably file more assault charges in court. Generally, St. Lucie County prosecutors file the most aggressive charges that the facts could possibly support. That usually means felony assault charges. But that’s not always the case. Assault has both direct and collateral consequences. Convictions usually… Read More »

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Overcoming the Field Sobriety Tests in a DUI

By Eighmie Law Firm, P.A. |

The Fifth Amendment’s right to remain silent gives drivers the absolute right to refuse to perform the three approved Field Sobriety Tests. However, for various reasons, almost no one asserts that right. Instead, almost everyone gives in to police officer pressure and performs at least some FSTs. If the defendant submitted a chemical sample,… Read More »

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Hit-and-Run Crash in Riviera Beach Seriously Injures Pedestrian

By Eighmie Law Firm, P.A. |

Authorities quickly tracked down a driver who fled the scene after striking a pedestrian who was trying to cross the street. But what happens if police do not catch the bad guy? This time, onlookers flagged down responding officers and directed them to the responsible driver, who was a short distance away. Few other… Read More »

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Deadly Hit and Run in Broward County

By Eighmie Law Firm, P.A. |

Police are searching for a motorist who failed to stop after fatally striking a pedestrian on the Florida Turnpike. The wreck happened near the Atlantic Boulevard exit. According to the Florida Highway Patrol, a 62-year-old man tried to cross the southbound lanes on foot. A vehicle hit him as he was crossing. Police do… Read More »

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Officers Don’t Always Need Warrants. Here are the Top Five Search Warrant Exceptions

By Eighmie Law Firm, P.A. |

In colonial days, British officials often invaded peoples’ homes and searched them at random. So, the Founding Fathers added the Fourth Amendment to the Bill of Rights. This provision requires police officers to obtain specific warrants based on probable cause before they may search dwellings, vehicles, clothing, baggage, or other private property. However, the… Read More »

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