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A Blog about criminal defense related topics.

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...

New Laws

Posted by Larry Avallone | Nov 30, 2015 | 0 Comments

Did you know that 130 new laws went in to effect on July 1, 2015 and 27 more went into effect on October 1, 2015. Sixty-three of the laws approved by the Legislature went into effect immediately upon the governor signing them. These include, people who do not have concealed weapons permits can n...

Medical Negligence Lawyer in New Smyrna Beach, Florida

Posted by Larry Avallone | Nov 21, 2015 | 0 Comments

What is medical negligence law? Medical negligence law deals with medical professionals who fail to perform their jobs under an accepted medical standard of care.This can result in medical malpractice if their negligent treatment causes the patient to become injured or to suffer unexpected com...

Reporting an Accident

Posted by Larry Avallone | Oct 27, 2015 | 0 Comments

Have you been injured in an accident? The first thing you should do is seek medical treatment, then report the accident to your insurance provider or the insurer of the responsible party, whether it be a person or a business. An insurance claim will allow you to be compensated for your injuries, ...

Leaving the Scene of an Accident

Posted by Larry Avallone | Oct 17, 2015 | 0 Comments

You are at the mall and you swing a little wide into the parking space and bump the adjacent car. Now what do you do? The owner is nowhere to be found. Florida law, under Florida Statute 316.063,  requires a driver to leave a note with the driver's name, address, and registration number in a plac...

Speeding Tickets

Posted by Larry Avallone | Oct 12, 2015 | 0 Comments

So you got a speeding ticket? Now what? When you get a speeding ticket there is a good chance your speed was clocked with their radar or by the high tech laser gun. In either situation you are probably getting a speeding ticket. Now you face the choice to fight it in court or pay the fine and de...

DUI – Did you Know?

Posted by Larry Avallone | Oct 05, 2015 | 0 Comments

Most DUI's in Florida are charged as a misdemeanor, however it really depends on the circumstances. Here is a rundown: First DUI – a misdemeanor with a maximum of 6 months in jail. DUI with a child in the vehicle – a misdemeanor with a maximum of 9 months in jail. DUI...

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