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2013

Blog Posts in 2013

  • Jose Calvo Joins The National Trial Lawyers: Top 100

    The legal team at Calvo & Calvo, Attorneys at Law is proud to announce that Lead Attorney Jose Calvo recently joined The National Trial Lawyers: Top 100 Trial Lawyers. This is an invitation-only organization that is comprised of elite trial attorneys from across the country, and only those who meet stringent qualifications as civil plaintiff and/or criminal defense lawyers are offered membership. ...
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  • How Do I Fight False Accusations of Domestic Violence?

    Any crime of domestic violence can have extremely serious consequences. The majority of false domestic violence accusations occur when a spouse, child or other family member tries to get retribution for a real or imagined wrongdoing, tries to gain the upper hand in divorce or custody proceedings, tries to avoid his or her own prosecution, or in an effort to win a lawsuit. Filing false accusations ...
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  • What Do I Need to Do to Clear My Juvenile Record?

    Florida law allows a person to clear or expunge certain criminal arrests and convictions from his or her criminal record, providing specific requirements are met. There are also laws which govern the expunction of juvenile records. According to Florida Statute 943.0515, if a juvenile was considered to be a serious or repeat offender, or was sentenced to time in a correctional facility or juvenile ...
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  • Understanding the Three Strikes Law in Florida

    Since 1999, the state of Florida has had a law in place that requires a judge to sentence a third time violent felony offender to a mandatory minimum term in prison, based upon the crime committed. The length of the sentence will depend on the type of violent felony crime committed. There are certain criteria which must be met before a mandatory minimum penalty can be imposed at conviction. The ...
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  • Can I Get My Criminal Record Expunged?

    Providing you meet all of the legal requirements as laid out Florida statutes, and you have obtained a Certificate of Eligibility from the Florida Department of Law Enforcement, you will be able to get your criminal record expunged. Florida Statute 943.0585 clearly lays out the qualifications which must be met before the court will authorize the expunging of your criminal record. Not all crimes, ...
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  • Changes in Florida DUI Law for 2013

    Effective July 1, 2013 the Department of Motor Vehicles is allowing first-time DUI offenders to waive their right to a formal review hearing in exchange for a permit to drive while their DUI case is pending. This new change allows a permit to be issued during the entire process. Pre July 1, 2013, if you were arrested for a DUI first offense and refused the breath test, there was a 90 day ...
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  • Possible Defense against the Intoxilyzer 8000

    Pursuant to Florida's Implied Consent Law (Florida Statute Section 316.1932) and the Florida Department of Law Enforcement's (FDLE) regulations, in DUI cases in Florida all breath testing must be done on one of two instruments manufactured by CMI, Inc., based in Owensboro, Kentucky: either CMI's Intoxilyzer 5000 or its Intoxilyzer 8000. Fla. Admins. Code R. 11D-8.003. For a breath test to be ...
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  • Was Jury Selection an important part in Zimmerman's not guilty verdict?

    On July 13, 2013 George Zimmerman was acquitted in the shooting death of Trayvon Martin. Following the nationally publicized trial, much media attention focused on the fact that the six person jury was all female and mostly white. Five of the six jurors were white. On July 17, 2013 USA Today reported that the jury consultant instrumental in helping Mr. Zimmerman's defense team pick the jury ...
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  • Defense of Marriage Act (DOMA) Found to be Unconstitutional

    On June 26, 2013 the United States Supreme Court held the Defense of Marriage Act (DOMA), which denied recognition of same-sex marriages in all federal statutes, "unconstitutional as a deprivation of the liberty of the person protected by the Fifth Amendment of the Constitution." United States v. Windsor , No. 12-307, 2013 U.S. LEXIS 4921, * 47 (June 26, 2013). DOMA potentially affected the ...
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  • Zimmerman Trial & the Stand Your Ground Law

    George Zimmerman is currently on trial in Seminole County, Florida, in a nationally publicized case for the shooting death of Trayvon Martin. Mr. Zimmerman was charged on April 11, 2012 with second degree murder . The charges arose from an incident on February 26, 2012 in which Mr. Zimmerman fatally shot Mr. Martin. During interviews with police, Mr. Zimmerman asserted that he shot Mr. Martin in ...
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