What Is the Juvenile Arrest Avoidance Program?

Youthful Offender Criminal Defense Lawyer Tampa

The juvenile arrest avoidance program or JAAP, is an alternative to arrest for youth 8-17 years of age who commit certain first-time misdemeanor offenses. Section 985.12, Florida Statutes, gives law enforcement the ability to issue the juvenile a civil citation in lieu of arrest. Juveniles will receive a risk assessment and may be referred to […]

Can I Go To Jail For Posting Revenge Porn?

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If you or a loved one have been arrested for revenge porn you may be able to get the case dismissed. The State bears the burden of establishing every element of the charge. The state must prove that a crime was committed and that you are the one who committed the crime. What is Revenge […]

Can I Get the Evidence Thrown Out Or Suppressed?

Record Expunged Criminal Defense Lawyer Tampa

If you or a loved one have been arrested and evidence was seized without a warrant as a result of the arrest you are entitled to a suppression hearing to determine whether the evidence was properly seized. In many cases, a law enforcement officer will improperly seize evidence after a warrantless arrest, without probable cause. […]

Can I Get My Case Transferred to Mental Health Court?

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If you or a loved one have been arrested in Hillsborough County and have mental health issues, you may be eligible to have the case transferred to Mental Health Court rather than staying in standard court. Pursuant to Hillsborough County Administrative Order S-2017-036, a mental health court has been established in Hillsborough County to keep […]

What Is the Marchman Act?

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The Marchman Act, Section 397.01, Florida Statutes, has been implemented by the Florida Legislature to address substance and alcohol abuse. A portion of that Act provides a procedure for the involuntary commitment for substance and alcohol abuse services. What Do I Need to Do Before Filing a Petition? Before filing a petition you should: Find […]

Changes in Enforcement Priority Can Have an Effect on Criminal Cases

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When counties hire new prosecutors, is it still business as usual, right? Not necessarily. While many prosecutors consider themselves to be non-partisan, it’s difficult to be in that position and not be swayed by the current political climate that put them into that office. Prosecutors, like judges, often have varying priorities that affect the cases […]

Have You Been Stalked or Accused of Stalking?

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What you need to know if you have been the victim of stalking or if you have been charged with stalking. “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. “Course of conduct” means a pattern of […]

Can I Get My Arrest Records Sealed and Expunged?

Record Expunged Criminal Defense Lawyer Tampa

If you or a loved one have been arrested for a state of Florida offense you may be entitled to seal and expunge the arrest record if you qualify. The experienced Tampa criminal defense attorneys at Fernandez & Hernandez aggressively represent clients who have been arrested in the Tampa Bay Area, including Hillsborough County, Pinellas […]

Is the Coronavirus Infecting America’s Prisons?

Coronavirus Prison Criminal Defense Lawyer

The coronavirus is infecting American prison inmates at a rate more than five times higher than in the overall U.S. population, and those numbers are escalating rapidly, according to an analysis by the UCLA School of Law’s COVID-19 Behind Bars Data Project. When adjusted for age, those infected while incarcerated were more than three times […]

What is the Federal Bureau of Prisons Coronavirus Compassionate Release Program?

The Bureau of Prisons (BOP) has 131,517 federal inmates in BOP-managed institutions and 13,396 in community-based facilities. The BOP staff complement is approximately 36,000. There are 1,513 federal inmates and 152 BOP staff who have confirmed positive test results for COVID-19 nationwide. Currently, 5,113 inmates and 575 staff have recovered. There have been 90 federal […]