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- Florida Sentencing Enhancements Pt. 3: Three Time Violent Felony Offenders & Violent Career Criminals
This article is the third installment in our Florida Sentencing Enhancements series and presents an overview of the Three Time Violent Felony Offender and Violent Career Criminal statutes.
- Charged with Burglary in Virginia?
Congratulations, you've been initiated into the criminal justice system and you need a good Alexandria criminal defense attorney to represent you.
- Burglary Offenses in the Tampa Bay Area
Simply put, burglary involves entering a house, structure, business, or vehicle without the consent of the owner and with the intent to commit a criminal offense once inside. Burglary is an invasive property crime that can have some very serious, life altering consequences for the accused person.
- Florida Sentencing Enhancements Pt. 1: Prison Releasee Re-Offenders
Florida has some harsh recidivist sentencing statutes, the most draconian of which is the PRR statute. This article outlines the circumstances under which the statute applies, and its implications for an accused person.
- What Are the Laws Against Looting?
After a natural catastrophe, riots, terrorist attack, or other devastating event, it is not uncommon for some members of society to take to the streets and begin taking almost anything they want. Sometimes looters only take necessities, like food, water, and toilet paper, but more often than not, looters are taking items of value like televisions, computers, jewelery, etc. How does the law deal with this and what are a person's rights when trying to prevent looting?
- When Law Enforcement Cannot Solve It, Private Recovery Agency Tracks Stolen Art
What happens when famous pieces of art are stolen and law enforcement leads run dry? Private recovery agencies are called upon to bring back these multimillion dollar masterpieces, often taking years to track the work, earning staggering fees, and blurring the line between legal and illegal activities.
- Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces Deportation
In 2011, he again attacked his 1997 petty theft conviction, by way of an “invitation” that the court dismiss the judgment of conviction under Penal Code § 1385. It merits mention parenthetically that only prosecutor can move to dismiss a case under section 1385. Thus, a defendant must instead “invite” the judge to exercise his discretion under 1385 to dismiss the case.
- First Degree Residential Burglary is a Crime of Violence Under Immigration Laws
In 2007, Ramiro Ramos-Medina was convicted after a jury trial of First Degree Residential Burglary, a violation of Penal Code § 459. The judge sentenced him to two years in state prison. Mr. Medina was not a U.S. citizen. Immigration officers told him that his conviction was a “crime of violence” under 8 U.S.C. § 16(b) and thus, an “aggravated felony” under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and § 1227(a)(2)(A)(iii).
- Conviction Reversed for Possession of Burglary Tools (Penal Code § 466)
In newspapers, one often reads of someone being arrested and charged with the possession of burglary tools. Perhaps one has even more personal knowledge of such charges. Rhetorically speaking, just what are “burglary tools?” If one is arrested while attempting to begin a residential burglary and is found to have blue latex gloves and a large black bag, are these “burglary tools?”
- What is Commercial Burglary (Penal Code § 459) and What Are the Defenses?
Commercial burglary, defined at Penal Code § 459, is the entering of a shop, store; office building, or any other commercial building with the intent to steal and then stealing something. This crime is also defined as entering a commercial building with the intent to commit a felony other than stealing the property of another.