Criminal Defense

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  • Bench Warrants & Your Rights

    Posted By Owenby Law, P.A. || 30-Jan-2018

    Having a warrant out for your arrest is no laughing matter. This experience can be very frightening and stressful, especially if you are not sure why there is a warrant for your arrest. There are different types of warrants, but one of the most common is known as a “bench warrant.” A bench warrant is issued after you have violated the rules of the court, usually for failing to appear ...
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  • Understanding the Difference Between Assault and Self-Defense

    Posted By Owenby Law, P.A. || 1-Dec-2017

    In cases of assault and battery, defendants often claim they were acting out of self-defense. While whether a court buys your story depends largely on the argument of your trusted legal counsel, some circumstantial clues may help you determine whether your actions may be considered self-defense or assault. Was the Amount of Force Used Reasonable? When trying to determine whether you were acting ...
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  • Shoplifting Charges During the Holidays

    Posted By Owenby Law, P.A. || 13-Nov-2017

    The holiday season poses emotional challenges for many people who have suffered tragedies, or who are going through a financial difficult time. With all the advertisements of gifts and expectations of festive holiday meals, it can seem embarrassing for those who cannot afford even the necessities. That is one reason why shoplifting charges are on the rise during the holidays. Between Black Friday ...
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  • Should You Pay Your Traffic Ticket or Fight It?

    Posted By Owenby Law, P.A. || 5-Jul-2017

    Florida hands out a surprising number of traffic tickets every year. In 2004, the DMV assembled data about the total number, and it amounted to more than 4 million tickets. These citations can also be granted for any kind of traffic violation, from speeding to car pool lane violations to failure to stop. However, sometimes these tickets are issued in error. For example, if someone steals your car ...
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  • Is a Domestic Violence Charge Considered a Misdemeanor or a Felony?

    Posted By Owenby Law, P.A. || 5-Jun-2017

    Domestic violence charges are not always clear-cut, in fact, they often vary depending on the circumstances of each case. Typically, an act of domestic violence will start out as a misdemeanor, though certain factors, like the type of crime committed or the harm inflicted on the victim, may lead to a felony charge. If you have been accused of domestic violence, it is important to understand that ...
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  • What Should You Do If You're Falsely Accused of Domestic Violence?

    Posted By Owenby Law, P.A. || 26-May-2017

    Facing false accusations can be both frustrating and daunting, especially when those accusations are for violent crimes like domestic violence. If you are accused of domestic violence, you could face serious penalties and other consequences that could follow you around for the rest of your life. Even the accusation alone can be enough to harm your reputation and cause undue stress in both your ...
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  • What Happens If You Refuse a Breath Test for DUI in Florida?

    Posted By Owenby Law, P.A. || 19-May-2017

    In Florida, when you receive your driver’s license, you automatically agree to take any chemical tests an officer asks you to take when at a traffic stop. This law, implied consent, makes refusing chemical tests, including breath tests, rather unwise in Florida. If you are pulled over because an officer suspects you are driving impaired, you may refuse the field sobriety test without ...
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  • Will Traffic Violations Jeopardize Your CDL?

    Posted By Owenby Law, P.A. || 12-May-2017

    For truckers and other professional drivers, a commercial driver’s license (CDL) is as necessary a tool for earning a living as the vehicle they drive. So, if you receive a traffic violation, is your commercial driver’s license in jeopardy? In short, it depends on the type of traffic violation you were ticketed for, and the severity of the violation will then determine the seriousness ...
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  • Assault vs. Battery: What's the Difference?

    Posted By Owenby Law, P.A. || 5-May-2017

    In the state of Florida, assault and battery are addressed as separate charges, though the two do commonly go hand in hand. A person commits assault by threatening violence or harm against another person, whereas battery is the physical act itself. Because the consequences of both assault and battery are so severe, it is important to understand as much about violent crime charges as possible if ...
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  • Why You Need a Lawyer for a Probation Violation

    Posted By Owenby Law, P.A. || 27-Apr-2017

    According to Florida law, probation is a type of community supervision requiring an offender to maintain contact with specified officers, such as probation, parole, and community supervision officers. Offenders also need to abide by certain terms or conditions specified by court order. Probation is a privilege, not a right. In some court cases, it isn’t even considered a formal sentence. ...
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  • Penalties for Weapons Crimes in Florida

    Posted By Owenby Law, P.A. || 21-Apr-2017

    Florida is extremely strict when it comes to prosecuting weapons crimes. If you’ve been accused, be sure to hire a criminal defense attorney as soon as possible who can help defend your rights and your freedom. A felony charge can follow you for the rest of your life, and the social stigma of being a felon can make it difficult for most people to get hired and hold a good job. The most ...
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  • Is Shoplifting the Same as Petty Theft?

    Posted By Owenby Law, P.A. || 17-Apr-2017

    While the charges might seem similar, there is a slight distinction to make between shoplifting and petty theft. According to Florida law, shoplifting regards retail theft specifically. Examples of shoplifting include: Taking the property of a merchant Altering labels or price tags Transferring merchandise from one container to another Removing a shopping cart Intent to deprive the merchant of ...
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  • How Florida Defines Domestic Violence

    Posted By Owenby Law, P.A. || 10-Apr-2017

    Criminal law varies by state, and definitions of the crimes themselves are no exception. Domestic violence in one state may not be the same as in another. In Florida, it is defined as any “assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in the physical ...
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  • Is an Attorney Really Necessary for a Misdemeanor Charge?

    Posted By Owenby Law, P.A. || 21-Mar-2017

    Our Jacksonville criminal defense lawyers at Owenby Law, P.A. have defended clients throughout the region after they were charged with all types of crimes. While felony charges certainly put a lot on the line, any criminal allegation has the potential to threaten your freedom and your future. In order to protect yourself and fully assert your rights, working with a criminal defense attorney should ...
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  • Collateral Consequences of a Criminal Conviction

    Posted By Owenby Law, P.A. || 14-Mar-2017

    Being charged with a criminal offense puts a lot on the line. From posing an immediate threat to your freedom to potentially changing the scope of your future, a criminal conviction can have a tremendous impact on your life, as well as the lives of your loved ones. With the assistance of an experienced criminal defense attorney, you can put yourself in position to better protect your rights, your ...
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  • Will Legal Counsel Be Allowed to Access Our Public Data Assistants (AKA Cell Phones)?

    Posted By Owenby Law, P.A. || 16-Dec-2016

    The content within our Public Data Assistants, also known as our cell phones, have become a more prominent part of legal litigation as social networking continues to grow and as humans continue to grow more reliant on cellular devices as means of information, entertainment, and communication. Research now suggests that the use of cellular wireless devices may be just as important as the various ...
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