Kaylor Law GroupWhy it’s important to quickly talk to an attorney after a DUI charge2023-09-18T04:08:18Z2023-09-18T04:08:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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If you get arrested on DUI charges, the situation can be very concerning. You are going to worry about your future, your freedom, your reputation and your bank account. All of these realities can be impacted by a DUI charge.
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As a result, this situation is likely not something that you want to face on your own. It is important to talk with a legal team to determine what your options are. Here are a few important things to keep in mind.
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It can impact your employment
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One reason to take care of this situation quickly is that losing a driver’s license can negatively impact your employment. It may make it impossible to work. For some people, being fined by the court is only a minor part of the financial trouble that a DUI causes. If you are out of work for a significant amount of time and you lose your job, you could then lose wages for months or years into the future.
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The police often make mistakes
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Additionally, people sometimes assume that they’re going to be convicted, but that’s never an assumption you should make. The police may have made mistakes, such as pulling your car over without reasonable suspicion. Or they may have made an
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error with the breath test
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, such as not calibrating it properly. Things like this can call the results of a test into question and could potentially lead to the charges against you being dropped or your case being won at trial.
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The police don’t have to be honest with you
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Finally, remember that it’s usually not wise to talk to the police on your own, but only with ac lawyer present. Part of the reason for this is that police officers
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do not have to be honest
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with you and may even try to get you to incriminate yourself. Working with a legal professional can help you understand exactly what your rights are and helps to ensure that you don’t make statements on your own that could compromise the strength of your case.
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Moving forward with the process
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Are you already facing DUI charges or simply looking into your options so you’ll know what to do if this happens to you in the future? Either way, you can see why it’s so important to have an experienced team on your side. Seek legal guidance – proactively or reactively – whenever you need it, accordingly.
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</div>What is the total cost of a DUI?2023-09-18T04:08:17Z2023-09-18T04:08:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Driving under the influence (DUI) is a serious charge, with serious consequences – even for a first-time conviction.
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In Florida, the financial ramifications of a DUI conviction can be substantial. If you’re charged with a DUI, these are some of the potential financial consequences you may face both inside and outside the courtroom.
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Court costs and fines
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Upon a DUI conviction in Florida, offenders can expect to face substantial fines, which can vary depending on factors such as blood alcohol content (BAC) level and prior convictions. For a first offense without any aggravating factors, the fine typically ranges from
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$500 to $1,000
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License reinstatement fees
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A DUI conviction in Florida leads to an automatic driver’s license suspension. The duration of the suspension can vary based on factors like BAC level and prior offenses. Following the suspension period, reinstating your driver’s license can be expensive due to reinstatement fees, administrative fees and license renewal fees. The total cost can amount to several hundred dollars.
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Impoundment costs
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Your vehicle may be impounded for 10 days for a first offense, and both the tow and every day on the lot will add to your total expenses. That can also easily run into hundreds of dollars.
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Ignition Interlock Device (IID) costs
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You may be required to install an IID in your vehicle – at your own expense. The installation fee, monthly rental fees, and maintenance costs can accumulate over time and range from several hundred to a few thousand dollars.
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Increased insurance premiums
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Insurance providers often categorize DUI offenders as high-risk drivers, leading to a substantial increase in premiums for several years. These increased rates can double or even triple the cost of auto insurance, resulting in thousands of dollars in additional expenses.
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Potential employment concerns
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Probation, community service, mandatory alcohol education programs and other penalties can also disrupt your daily life and potentially lead to job loss or difficulty finding employment due to your criminal record. That can have disastrous long-term implications for your financial future.
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A lot of people worry about the expense of experienced legal guidance when they’re facing a drunk driving charge – but the cost of trying to navigate this issue on your own can be much higher in the long run.
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</div>4 things to know about cybercrime charges2023-09-18T04:08:14Z2023-09-18T04:08:14Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Cybercrime charges are often thought to come from sophisticated scams using the Internet. While it’s true that all cybercrimes have to do with online activities, it’s possible for these charges to stem from simple, small incidents.
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Knowing a bit about cybercrimes and their associated charges may be beneficial to some individuals. Here are four points that provide a glimpse into this area:
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1: Only tech-savvy hackers can be cyber criminals
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While some cybercriminals are
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highly skilled hackers
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, many others use off-the-shelf tools or rely on social engineering tactics to carry out their attacks. You don’t have to be a tech expert to engage in cybercrime, and you can still face serious charges even if you don’t know how to code.
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2: Cybercrime only affects big companies
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High-profile data breaches involving large corporations often make headlines, but cybercrime can also target individuals, small businesses and even government organizations. No one is immune to cyber-attacks. The actions the cyber attacker does and how they’re carried out determine who’s affected.
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3: Cybercrime is victimless
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Cybercrime can cause serious harm to individuals and organizations, including financial losses, damage to reputation, and even physical harm in some cases. Cyber attacks can also compromise sensitive information, putting individuals and businesses at risk of identity theft and other crimes. Restitution is often a component of a sentence if a cybercrime charge results in a conviction.
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4: Cybercriminals always get away with it
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While it is true that some cybercriminals are never caught, many others are eventually brought to justice. Law enforcement agencies around the world are becoming more sophisticated in their ability to track down cyber criminals, and there are harsh penalties for those who are caught.
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Cybercrime charges often come with a considerable trail of evidence. It’s best to learn about the case against you, the possible sentences for a conviction and the options you have for a
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defense strategy
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. Certain options, such as plea agreements, might only be available for a limited time, so be sure to start working on the defense strategy quickly.
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</div>What constitutes cyberstalking?2023-09-18T04:08:12Z2023-09-18T04:08:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Stalking has long been a crime in the physical sense, and some people have even gotten restraining orders to try to keep people from following them or harassing them. Things have changed in the digital era, however, and we have now seen the rise of something known as cyberstalking. It’s important to know what this is and how it happens so that you can avoid doing anything that would be considered cyberstalking and a violation of the law.
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Generally, speaking, cyberstalking just means using technology to harass someone, to pester them, or even to discover their whereabouts. It’s important to note that this is more than someone simply being annoying. It’s not cyberstalking if you don’t like what someone comments on your social media profiles or something of this nature. Unsolicited emails also do not constitute cyberstalking, and many people get a lot of them every day.
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To make it cyberstalking, it has to be “
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methodical, deliberate and persistent
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.” There also needs to be some element of direct harassment or bullying, where that person is being emotionally and verbally attacked through the messages.
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It does not stop
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Speaking of persistence, one thing to consider is that the recipient may contact the sender to ask them to stop their behavior. For example, a young woman in college may tell one of her ex boyfriends to stop texting her, sending her messages or commenting on all of her posts on social media.
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But don’t assume that all text messages, especially those that are unwanted, are definitely cyberstalking. The person would need to be persistent and continue to send these messages regardless of the other individual’s wishes. If you block someone for their social media comments and then they create an entire fake account specifically so they can still contact you, that could turn innocent contact into stalking.
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The type of content
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The type of content that the person is sending also plays into this. They will often send things that are either inappropriate or even disturbing. These could include things like threats or explicit, sexual comments. It is much more likely to be counted as cyberstalking if these elements are present.
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Those who have been accused of cyberstalking need to know exactly how the court views it and
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what legal defense options
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they have.
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</div>2 ways certain prescriptions frequently lead to drug charges2023-09-18T04:08:10Z2023-09-18T04:08:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Prescription medications are only legal when a doctor recommends them to you and then monitors your use of them. People all too frequently assume they can do whatever they want with the prescription once they pick it up from the pharmacy, but that is not how
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controlled substances laws
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work.
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There are numerous restrictions on how you use, store and transport prescribed medications. People sometimes violate these rules and find themselves facing charges. Some prescriptions have a very strong association with criminal charges.
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Why might your recent prescription eventually result in an arrest?
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You become chemically dependent
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Drugs ranging from prescription steroids like Prednisone to muscle relaxants and pain relievers can cause physical or psychological dependence. People become habituated to using the drug or fully chemically dependent on it. They may experience painful or even life-threatening symptoms if they stop taking the medication quickly.
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Unfortunately, doctors often take people off of medications despite recognizing the signs of chemical dependence. Those patients then eventually start using drugs illegally after sourcing them on the unregulated market. Despite having a prescription at one time, it becomes illegal to continue taking a prescribed drug once a doctor no longer recommends it.
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Even if you have a current prescription, buying additional pills on the unregulated market could lead to criminal charges. It is only legal to take and use medication when a medical professional oversees your treatment and you source the medication from a licensed pharmacy.
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You drive after taking them
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While it may be perfectly legal to take prescription sleep aids, psychiatric drugs and pain relievers in the comfort of your own home, there are still limitations on what you can do after you consume the medication.
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In fact, there may be warning labels right on the medication’s packaging advising you of the consequences of driving or using machinery. Any drugs that affect your cognitive ability or motor function are medications that you likely cannot take before driving without violating impaired driving laws.
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When a doctor writes you a prescription, the last thing you likely think of is the possibility of ending up in jail because of their medical recommendation. Recognizing the risks that come with certain prescribed medications could help you avoid mistakes that might result in
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prescription drug charges
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</div>What can be taken through civil asset forfeiture?2023-09-18T04:08:07Z2023-09-18T04:08:07Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Florida’s civil asset forfeiture is supposed to be a way to deprive people of being able to use things that are the result of illegal activities. This is done to prevent it from being used to commit future crimes. Law enforcement agencies in the state must comply with the Florida Contraband Forfeiture Act.
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Currently, law enforcement agencies in this state aren’t required to report what assets they seize under this law. One point to remember is that some
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assets taken under state law
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Types of property that can be taken
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Any real or personal property can be taken under Florida law, but the property has to be tied to illegal activities. The most common types of property that are taken by agencies here are currency and vehicles. Homes and other real estate can be taken, but they rarely are seized.
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Law enforcement agencies can also take weapons and drugs. Anything that’s used to commit a crime, including the transporting of drugs, can be seized. Drug paraphernalia and items used to distribute or sell drugs can also be taken.
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Defenses to civil asset forfeiture
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Once an asset is seized, it must go through a specific forfeiture process before it’s liquidated. This is when the owner of the assets can try to fight the forfeiture.
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It’s possible to appeal a civil forfeiture, but many people don’t go through the process. Around 1% of civil forfeitures go through a civil trial. Around 16% of seizures are the subject of a request for an adversarial hearing.
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Someone who
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doesn’t agree with the forfeiture
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can use a few different defense strategies, so you should consider them all if you’re facing this situation. The appeal you file must be valid and truthful, and it needs to fall under one of these broad categories.
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Assets were seized without probable cause
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Forfeiture value doesn’t match the alleged crime
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The civil forfeiture process is very detailed, so appeals of a seizure or forfeiture must be handled precisely. Having someone on your side who’s familiar with this area of the law may help you to launch a successful case against civil forfeiture.
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</div>The compounding impact of a second-offense DUI2023-09-18T04:08:05Z2023-09-18T04:08:05Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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A DUI is always something you have to take seriously. There are harsh penalties, both criminal and administrative, that you could face for a first, second or subsequent DUI.
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If you had a DUI in the past and now face accusations of a second DUI, you need to know how the penalties may compound with this second offense. Here is what you need to know about what to expect from a second-offense DUI as you handle your case.
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The penalties for a second DUI conviction
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There are several serious
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financial penalties
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for a second-offense DUI. These include no less than $1,000 in fines, but those fines can grow to up to $2,000.
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On top of that, if you had a blood alcohol level that was over .15%, you could be charged more. For a second conviction, you could be charged between $2,000 and $4,000 for a .15% or greater BAL or if you had a minor in your vehicle at the time of the traffic stop.
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Second-offense DUI convictions and imprisonment
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</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
It is possible that you could be imprisoned for a second-offense DUI. For a second offense, the normal imprisonment length is up to nine months. However, if you had a BAL of .15% or more, then you could be imprisoned for up to 12 months. Additionally, if you were previously convicted of a DUI and that conviction was in the last five years, then you will need to spend a mandatory 10 days in jail. Of those, at least 48 hours have to be spent in consecutive confinement.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
What can you do if you’re facing a second-offense DUI?
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
<span style="display: unset;">
If you are facing a
</span>
</span>
<a href="https://www.kaylorlaw.com/dui-traffic-offenses/" style="display: unset; font-weight: bold;" target="_blank">
second-offense DUI
</a>
<span style="display: unset;">
, know that you can look into defending yourself. Depending on how much time has been between this and a past offense or what exactly happened leading up to an arrest, you may have several options for defending yourself and minimizing the penalties that you could face. With a good defense, you may even be able to get the charges against you dropped completely, helping you move forward without a black mark on your record.
</span>
</p>
</div>Why accepting a DUI plea deal may not be your best option2023-09-18T04:08:03Z2023-09-18T04:08:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Any time you’re facing accusations of driving under the influence, you want to know your rights and what to expect as you defend yourself. One of the things that might come up for you in your case is a DUI plea deal, and, depending on the circumstances, you might be considering accepting it.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Should you take a plea deal or not? The answer to that question depends on several factors. In some cases, accepting a DUI plea deal may not be the best option for you.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
When you accept a plea deal, you plead guilty
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
The first thing to remember is that if you accept a plea deal, you plead guilty to the crime. Once you accept a plea deal, it also is almost impossible to prevent it from being entered in court or to ask to change it any way.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
<span style="display: unset;">
When you take a
</span>
</span>
<a href="https://www.kaylorlaw.com/dui-traffic-offenses/" style="display: unset; font-weight: bold;" target="_blank">
plea deal
</a>
<span style="display: unset;">
, you’re agreeing to keep your case out of court. You won’t be tried in front of a judge or jury, and you won’t get the opportunity to fight the charges.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: inline;">
In most cases, pleading not guilty is a better solution
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
Most people plead not guilty to DUI charges, because doing so gives them the right to fight back against the allegations in court. You’ll also maintain the right to a trial with a jury of your peers or before a judge, giving you a chance to explain yourself or why you think the charges are unreasonable or unfair.
</span>
</p>
<p>
<br/>
</p>
<p>
<a href="https://connectusfund.org/15-serious-advantages-and-disadvantages-of-plea-bargaining#:~:text=%20List%20of%20Disadvantages%20of%20Plea%20Bargaining%20,the%20prosecution%20party.%0APlea%20bargaining%20might%20allow...%20More%20" style="display: unset; font-weight: bold;" target="_blank">
Plea bargains
</a>
<span style="display: unset;">
<span style="display: unset;">
can be a good deal for some people, such as those who have significant evidence against them and a great chance of losing their case in court. However, for most people, it’s much better to retain the right to fight back in court, because it is reasonable to question aspects of your traffic stop or information about your DUI charge directly.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Before you accept any kind of plea deal or arrangement, it’s important to get to know more about what accepting a plea deal could do to help or hurt you. Good guidance can help you select the right path forward based on your specific case’s facts.
</span>
</p>
</div>Why do Florida drug charges become federal cases?2023-09-18T04:08:00Z2023-09-18T04:08:00Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Both Florida and the federal government ban many of the same substances. Controlled substances laws prohibit the possession or manufacture of methamphetamine at the federal and state level, for example. They also make it illegal to abuse or resell prescription drugs.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Typically, when someone faces criminal charges for drug-related activity in Florida, they will face state charges. A local police officer will arrest someone for possession or a similar offense, and Florida will prosecute.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Sometimes, federal prosecution occurs instead. When will the federal government prosecute a drug offense in Florida?
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
The case involves manufacturing or trafficking
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
The United States Drug Enforcement Administration (DEA) is a federal agency that helps investigate drug offenses and provides support to local agencies and their enforcement of state and federal drug laws. They take particular interest in interstate drug operations and those who manufacture drugs.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
<span style="display: unset;">
If the
</span>
</span>
<a href="https://www.dea.gov/drug-information/csa" style="display: unset; font-weight: bold;" target="_blank">
DEA directly investigates
</a>
<span style="display: unset;">
<span style="display: unset;">
someone for a large-scale operation involving manufacturing, distribution or transportation of prohibited substances, the individual involved in the investigation could face federal charges.
</span>
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
The accused crossed state or national boundaries
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
Possession is only a state-level offense when it occurs in one legal jurisdiction. When you take someone else’s prescription pain medication with you on your road trip to Louisiana, you don’t just violate state and federal possession laws. You also technically commit an act known as interstate trafficking.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Moving between two different states or countries can leave you vulnerable to federal charges if police or federal law enforcement officers find prohibited drugs on your person or in your vehicle. Admitting to bringing items from another state during an arrest in Florida could also affect your case.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
They use, sell, possess or transport drugs on federal property
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
Going to a beautiful park to enjoy sunny days is a natural impulse, but while you are at a national park you are subject to prosecution by federal agencies for any misconduct that occurs.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Even individuals with substances legal at the state level could face prosecution for possessing those items on federal property. All federal property is subject to the same law enforcement rules, including criminal justice facilities in addition to parks.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
<span style="display: unset;">
Learning about the fine line between state and
</span>
</span>
<a href="https://www.kaylorlaw.com/drug-crimes/prescription-drug-offenses/federal-drug-crimes/" style="display: unset; font-weight: bold;" target="_blank">
federal drug charges
</a>
<span style="display: unset;">
<span style="display: unset;">
can help people minimize their prosecution risk.
</span>
</span>
</p>
</div>At what point should I get a criminal defense attorney?2023-09-18T04:07:58Z2023-09-18T04:07:58Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The idea of being independent is a powerful cultural force in the United States. Most adults don’t like to ask for help, especially if they have to pay for it. People like to try to solve their own problems as frequently as possible.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Still, there are certain situations where bringing in professional help is usually the right approach. Facing criminal allegations is a perfect example. Someone who has never been in state custody or experienced a criminal trial before will not know the right way to handle these stressful experiences.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
How soon should you hire an attorney to help you with a criminal matter?
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
When you learn about the police investigation
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
<span style="display: unset;">
Did you take a 3-day weekend to run some personal errands on a Monday, only to come back to intense office gossip about the police showing up to your work while you were gone? Learning that police officers or federal investigators have spoken with your co-workers, your neighbors or your family members is a potentially frightening warning that you are under intense legal scrutiny. Your employer
</span>
</span>
<a href="https://www.hcamag.com/au/specialisation/employment-law/what-to-do-when-your-employee-is-under-criminal-investigation/145223" style="display: unset; font-weight: bold;" target="_blank">
may even cooperate
</a>
<span style="display: unset;">
, giving the state access to company records.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
You may have discovered police officers going through your trash or opened the front door to them coming by to supposedly “casually” speak to you. Rather than waiting for the police to come and put you in handcuffs, talking to a lawyer as soon as you learn that the police have targeted you with their investigation can help you better protect yourself.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
As soon as an officer detains or arrest you
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
Some people don’t realize that they are the subject of an investigation or they get arrested just for being in the wrong place at the wrong time. Rather than trying to sort out the details by talking to the police, your first step after an arrest should be to invoke your right to silence and your right to an attorney.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
A lawyer could assist you in cooperating with an investigation, for example, while avoiding any actions or statements that could implicate you or hurt your chances of a successful defense in court. You don’t need the state to arraign you with a crime to invoke your right to legal representation. As soon as you find yourself in state custody, you can ask for an attorney.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
<span style="display: unset;">
Knowing and asserting your right to legal representation will help you when you find yourself
</span>
</span>
<a href="https://www.kaylorlaw.com/criminal-defense/" style="display: unset; font-weight: bold;" target="_blank">
facing criminal allegations
</a>
<span style="display: unset;">
.
</span>
</p>
</div>Defending against a DUI is essential in your Florida case2023-09-18T04:07:55Z2023-09-18T04:07:55Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
If you’re stopped and accused of a DUI, it’s important for you to take steps to defend against that allegation. Florida has harsh DUI laws, so a conviction could lead to the loss of your driving privileges as well as other repercussions.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Did you know that you are required to comply with a request for a blood, breath or urine test if an officer asks for it during a traffic stop? This is called
</span>
</span>
<a href="https://www.dmvflorida.org/florida-traffic-laws/florida-dui/#:~:text=Florida%20Penalties%20for%20DUI%20First%20Conviction%201%20Fine,180%20days%207%20DUI%20School%20-%2012%20Hours" style="display: initial; font-weight: bold;" target="_blank">
implied consent
</a>
<span style="display: initial;">
. If you refuse the test, then you may lose your license, though there are specific factors that will determine if that occurs. Usually, a refusal results in the suspension of your license for a year, but it could be longer if you have refused testing in the past.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
A DUI in Florida comes with hefty expenses
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
DUIs are expensive in Florida. A first DUI conviction costs between $500 and $1,000 in fines. You will also be asked to:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<ul>
<li>
<span style="display: unset;">
Complete up to a year of probation
</span>
</li>
<li>
<span style="display: unset;">
Potentially go to jail for up to six months (nine if a minor was in your vehicle)
</span>
</li>
<li>
<span style="display: unset;">
Complete community service
</span>
</li>
<li>
<span style="display: unset;">
Go to DUI school
</span>
</li>
</ul>
<p>
<span style="display: unset;">
<span>
</span>
</span>
</p>
<p>
<span style="display: unset;">
On top of this, you may lose your license, which could make it hard to work and bring in an income.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
If this is not your first conviction, then you will be asked to use an Ignition Interlock Device in your vehicle, which also comes with its own expenses.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
The expense of a DUI isn’t just administrative
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
A DUI costs more than just the initial fines. In fact, the average cost of a DUI in Florida is around $8,000.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
You may see other costs add up, such as through an increase in your insurance premiums or the cost of your legal defense. However, defending yourself is still the best option. Why? A good defense may help reduce the charges. In some cases, the charges may be dropped if your defense is strong enough. This will help you avoid long-term penalties and repercussions that could cost you thousands over the next several months and years.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
<span style="display: unset;">
Don’t ignore the need for a
</span>
</span>
<a href="https://www.kaylorlaw.com/dui-traffic-offenses/" style="display: unset; font-weight: bold;" target="_blank">
strong DUI defense
</a>
<span style="display: unset;">
. You have a right to fight back against any charges you face.
</span>
</p>
</div>When should I get a criminal defense attorney?2023-09-18T04:07:52Z2023-09-18T04:07:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
You may have been arrested following a traffic stop, called in to speak with the police as a part of an ongoing investigation or be under scrutiny for other reasons, but if you are at risk of being charged or have been charged already, it’s time to work with a criminal defense attorney.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Even if you feel that it’s unlikely that the charges will stick, such as in the case that you are innocent of what you’re being accused of, it’s smart to have a criminal defense attorney on board. Why? The reality is that even innocent people have been jailed and penalized unfairly in the past. That could happen to you, too.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
Your criminal defense attorney is there to protect your rights
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
<span style="display: unset;">
When you are facing
</span>
</span>
<a href="https://www.kaylorlaw.com/criminal-defense/" target="_blank" style="display: unset; font-weight: bold;">
criminal charges
</a>
<span style="display: unset;">
, it’s important for you to know your rights. Whether this is the first time you’ve been arrested or you have a history of offenses, it’s still necessary to have someone be on your side to protect you.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
<span style="display: unset;">
A
</span>
</span>
<a href="https://www.digitalconnectmag.com/what-does-a-criminal-defense-attorney-do/" style="display: unset; font-weight: bold;" target="_blank">
criminal defense attorney
</a>
<span style="display: unset;">
<span style="display: unset;">
has a few different jobs. They’ll help by:
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<ul>
<li>
<span style="display: initial;">
Going over the facts of the case with you
</span>
</li>
<li>
<span style="display: initial;">
Reviewing what evidence has been collected
</span>
</li>
<li>
<span style="display: initial;">
Discussing how you should act or appear if you have a hearing or trial
</span>
</li>
<li>
<span style="display: initial;">
Giving you information on your specific rights and if or when you should speak with the police
</span>
</li>
<li>
<span style="display: initial;">
Talking to witnesses
</span>
</li>
<li>
<span style="display: initial;">
Look into laws that may apply to the case as well as defensive options
</span>
</li>
</ul>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
Your attorney will be there to support you as you move through the criminal justice system’s process. If you have questions, they can answer them for you and help you understand what kind of trouble you may be in.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
Your attorney is on your team
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
There are often penalties, like jail or fines, which those convicted of crimes have to deal with. Your attorney will negotiate on your behalf to reduce those penalties. They may fight to change the charge or have the charges dropped completely, depending on the circumstances.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Don’t think that the charges against you aren’t serious or that you’ll automatically be treated fairly. It’s worth having someone on your side to help be sure you’re protected against biases and unfair penalties.
</span>
</p>
</div>What situations upgrade theft charges to grand theft in Florida?2023-09-18T04:07:50Z2023-09-18T04:07:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Theft occurs in all kinds of ways. Shoplifting, burglary, embezzlement and armed robbery are all different kinds of theft. While the circumstances of theft crimes vary from case to case, what unifies them is that they are crimes intended to deprive someone of their rightful property.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Florida takes such crimes seriously, with the theft of items worth as little as $750 leaving someone vulnerable to felony charges rather than a misdemeanor petty theft offense. The greater the overall value of the items stolen, the more serious the charges and the higher the penalties involved.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
However, it’s important to understand that grand theft can also occur because of the nature of the items stolen, not just the value of the items.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
Certain assets carry bigger penalties for theft
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
<span style="display: unset;">
Beyond the price of the items involved, the kind of items stolen or the location of the theft can have a major
</span>
</span>
<a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html" style="display: unset; font-weight: bold;" target="_blank">
impact on the charges
</a>
<span style="display: unset;">
. For example, those who steal emergency medical equipment from a medical facility, aircraft or vehicle worth just $300 could face grand theft charges. Law enforcement equipment worth $300 or more is subject to the same rules.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
Enhanced penalties and lower value limits for upgraded charges also apply to cargo stolen while in transit. Stealing someone’s last will or other testamentary instrument is a third-degree grand theft felony, as is the theft of a firearm.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
People who steal vehicles in certain situations, fire extinguishers from buildings, controlled substances, anhydrous ammonia, municipal stop signs or even more than 2,000 pieces of citrus fruit can wind up facing grand theft charges.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
There are always ways to challenge the narrative around a theft crime
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
Police officers and prosecutors want to make people look like they had bad intentions when they committed a property crime. You may have a perfectly reasonable explanation for what happened.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Perhaps you took a fire extinguisher from a neighboring business without permission because there was a fire at your place of employment or a vehicle engulfed in flames outside. Maybe you took emergency medical equipment from an ambulance because the paramedics were trying to treat someone else and you thought the situation was a true emergency.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
<span style="display: unset;">
Exploring the circumstances around your arrest can help you challenge the narrative that you intended to commit a
</span>
</span>
<a href="https://www.kaylorlaw.com/white-collar-crimes/grand-theft/" style="display: unset; font-weight: bold;" target="_blank">
serious property crime
</a>
<span style="display: unset;">
. The more you understand Florida theft laws, the easier it will be for you to defend yourself.
</span>
</p>
</div>Juvenile criminal defense: The consequences, and what parents need to know2023-09-18T04:07:47Z2023-09-18T04:07:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Minors who get in trouble with the law will face juvenile charges in most cases. These criminal offenses that they are accused of could be anything from drug crimes to assault and battery, but they all require a strong defense.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In Florida, prosecutors don’t go easy on juveniles just because they’re children. This state leads the country in the total number of juveniles who are charged and tried at the adult level.
</span>
</p>
</div>
<div data-rss-type="text">
<h2>
<span style="display: unset;">
Is your child at risk of being tried as an adult?
</span>
</h2>
</div>
<div data-rss-type="text">
<p>
<span style="display: unset;">
It’s possible that your child could be tried as an adult if they are 16 or older and commit a violent offense. The reason for this is that the prosecution has the option to “direct file,” which means that they can place your child’s case directly into the adult system.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Unfortunately, this means that your child won’t have the same kinds of protections that they’d get in juvenile court.
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What if your child isn’t charged or tried as an adult?
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It may be that your child is too young to be tried as an adult or that the prosecution doesn’t want to pursue a charge at the adult level because it wasn’t violent or serious enough to do so. In that case, your child’s case will move through the
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<a href="https://www.kaylorlaw.com/criminal-defense/juvenile-crimes/" target="_blank" style="display: unset; font-weight: bold;">
juvenile justice system
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There are still harsh penalties to be had at this level. If your child is convicted of a crime at the juvenile level, they will go to a residential facility or receive a YES plan. The YES plan, a
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<a href="http://www.djj.state.fl.us/youth-families/juvenile-justice-process" style="display: unset; font-weight: bold;" target="_blank">
Youth-Empowered Success Plan
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, is established before they are released to their parents or other guardians. If they go to a residential facility, they will live there and receive treatment or rehabilitation support to help them avoid breaking the law again in the future.
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The penalties that your child receives and how they impact them in the future will depend on the defense that your attorney builds for them. If you build a strong defense from the beginning, it may help your child avoid residential treatment or a YES plan and instead move them into a diversion program or have the case dropped completely.
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</div>The requirements of a bribery charge under federal law2023-09-18T04:07:46Z2023-09-18T04:07:46Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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In Florida, bribery constitutes giving, offering, taking or promising something of value with the unlawful intention of corruption in exchange for a favor or a service. It is in the category of white-collar crimes. Moreover, the bribe can be money, gifts, property or privileges.
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How to prove bribery
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This offense falls under the White-Collar Crime Victim Protection Act, and the charges can be hard to prove because there is rarely an exchange of receipts or official documents. Therefore, the prosecutor must project the
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<a href="https://www.findlaw.com/criminal/criminal-charges/bribery.html" target="_blank" style="display: unset; font-weight: bold;">
intention of bribery
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. Additionally, both parties who are involved in it may end up with criminal charges. Nonetheless, it will be crucial to verify an agreement to exchange a commodity of value for a valuable service or privilege.
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Some of the ways that a
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bribery charge
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is proven include taping conversations and phone calls. Prosecutors might even use CCTV recordings or body camera videos.
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The federal government has precise standards to meet in order to prove a bribery charge. Courts use the following criteria to prove whether the act involved is bribery:
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The prosecutor must prove that the connection between the exchange of money for a favor was really a bribe and not just a gift.
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The prosecution must assure the court that the defendant intended to bribe and got the desired outcome.
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There must be verifiable evidence that the person is authorized to perform any act to sway the opinion of others in a particular region. For example, the person is a holder of public office, like a senator, bribing people within the area where people voted for them.
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There must be a direct result of the bribe.
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There must be an exchange of a product or service of value for a favor.
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Defending against bribery charges
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Any individual caught in such circumstances should consult a criminal defense attorney in Florida. An attorney may be able to build a strong case to establish that the person did not intend to receive or give a bribe. The attorney may advise their client further on a suitable strategy for defense.
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