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A Blog about criminal defense related topics.

Florida risk protection orders

Posted by Larry Avallone | Jan 24, 2020 | 0 Comments

Risk Protection Orders In response to incidents of gun violence, in 2018, a new gun control measure was passed in Florida. Sometimes called a red flag law, the intention is to identify people who may be a threat to themselves or others and to seize any firearms that the person might have.   Th...

DUI case dismissed because of speedy trial violation

Posted by Larry Avallone | Dec 10, 2019 | 0 Comments

Recently I was hired on a DUI case that had very unusual facts. For some reason, the police delayed submitting the DUI arrest paperwork to the clerk of court for 23 months. With only 3 weeks to go before the statute of limitations had expired, the paperwork was submitted and my client was charged...

Drone Laws (fly aware)

Posted by Larry Avallone | Jul 30, 2019 | 0 Comments

Drone Laws (fly aware) I recently handled a case that involved a person being charged with two felony crimes related to flying a drone. There is a lot of misinformation out there when it comes to drones and in my opinion the lack of information starts with the drone manufacturers. Drones are s...

Is marijuana legal in Florida?

Posted by Larry Avallone | Jun 30, 2019 | 0 Comments

I am often asked this question. It seems that people are confused about the state of the law in Florida as it relates to marijuana. Spoiler alert, possession of marijuana for recreational use (without a medical marijuana card and prescription) is still illegal in Florida. I think that the confus...

When are the Miranda warnings required?

Posted by Larry Avallone | May 30, 2019 | 0 Comments

When are the Miranda warnings required? If you have ever watched a police television show, then you are familiar with Miranda warnings. Even though Miranda warnings have been around for more than 50 years, people are still confused about when they are required to be read, and what exactly the wa...

Minute 1/Day 1

Posted by Larry Avallone | Apr 28, 2019 | 0 Comments

Minute 1/Day 1 That is when your defense begins. From time to time I speak with potential clients who tell me they will wait until after the arraignment to hire a lawyer. I understand this logic, but it is flawed. There are tactics which are time sensitive. Recently I had a client's family memb...

(DUI) Driving under the influence

Posted by Larry Avallone | Dec 17, 2016 | 0 Comments

Most Florida residents are familiar with the acronym “DUI” Driving Under the Influence.  Many residents are also aware of the fact that the legally permitted blood-alcohol (BAC) percentage level while driving a vehicle is under the threshold of 0.08 percent.  In other words, 0.08% BAC or above is...

Hiring a DUI Attorney

Posted by Larry Avallone | Sep 15, 2016 | 0 Comments

What you need to know when hiring a DUI attorney. The charge of driving under the influence (DUI) is an offense that has long term consequences that may affect your life and job prospects for many years to come. In order to protect yourself, you should have a Board Certified Daytona Beach DUI at...

Expert Criminal Trial Attorney

Posted by Larry Avallone | Aug 04, 2016 | 0 Comments

Avallone Law P.A. is pleased to announce that Volusia County Attorney, Larry Avallone is Board Certified in Criminal Trial Law. There are approximately 100,000 attorneys in Florida and out of that number only approximately 430 are certified in criminal trial law. This distinction sets Larry apar...

How To Handle Your DHSMV Review Hearing

Posted by Larry Avallone | Jul 01, 2016 | 0 Comments

DHSMV Review Hearings If you've been arrested for a DUI in Volusia County you will not only be prosecuted in criminal court, but the Department of Highway Safety and Motor Vehicles (DHSMV) will attempt to suspend your unrestricted driving privilege through the administrative hearing process. The...

Rescue That Dog

Posted by Larry Avallone | May 20, 2016 | 0 Comments

Here at Avallone Law we have some questions on the new law allowing citizens to break into cars to free animal. Here are the facts. On March 8, 2016 Governor Rick Scott signed into state law House Bill 131, which “creates immunity from civil liability for property damage that may occur when an i...

Driving with a Suspended License

Posted by Larry Avallone | Apr 29, 2016 | 0 Comments

Florida Statute 322.34 addresses the charge of driving while license Suspended and the various levels associated with it. A license can be suspended for any number of reasons (failure to pay traffic tickets, drug offenses, prior DUIs, failure to pay child support, possession of a controlled subst...

Dog Bites

Posted by Larry Avallone | Apr 18, 2016 | 0 Comments

Dog Bites Florida's dog bite statute, FLSA 767.04, states that a dog owner is liable for injuries if: the dog bites another person, and the person is in a public place or legally in a private place. This particular statue only covers injuries caused by dog bites. However, a person who i...

Should You Video That?

Posted by Larry Avallone | Apr 05, 2016 | 0 Comments

Video and the Law Videotaping or wiretapping laws vary from state to state. The rules in Florida are fairly broad, however there are some nuances to be aware of. You can film law enforcement officers, but knowing what is permitted by law will make all the difference and help you avoid civil and ...

What is Cyber-Crime?

Posted by Larry Avallone | Feb 04, 2016 | 0 Comments

What is a computer crime or cyber-crime as they are often called? A cyber-crime is quite simply a criminal offense committed via the Internet or a crime that is perpetuated by use of computer technology. For example, the use of online social networks to bully others, or sending sexually explicit...

Moving to Florida?

Posted by Larry Avallone | Jan 18, 2016 | 0 Comments

The sunshine state welcomes thousands of new residents every year. According to the State of Florida it is about 1,000 per day! Many people relocate for the weather, many for the big tax advantages, such as no state employment tax. So how do you become a state resident and get to take advantage o...

Have You Been Charged with a Crime?

Posted by Larry Avallone | Dec 28, 2015 | 0 Comments

You have been charged with a crime? You need to hire a criminal attorney. You need to do that sooner rather than later. Time is of the essence in criminal cases. Schedule a meeting with any potential attorneys. It is very important to come to that meeting prepared. Bring with you: Any documen...

Burglary or Robbery?

Posted by Larry Avallone | Dec 14, 2015 | 0 Comments

Did you ever wonder what the difference is? Did you know there is a difference between the terms burglary and robbery? There is a significant difference. BURGLARY Breaking into a home, structure (or conveyance) to steal something is committing burglary. This is any unlawful entry into a structu...

Tis the Season

Posted by Larry Avallone | Dec 06, 2015 | 0 Comments

The season for office parties, holiday gatherings, parades and all sorts of other revelry…the season to drink and drive. First, we advise you don't drink and drive but in the event you are charged with DUI, there are options such as arguing a lack of probable cause for the stop, or the arrest.  A...

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