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James J. Foster
About | Practice Areas
The Foster Firm
42 Business Centre Drive Suite 301 Miramar Beach, FL 32550» view map
Criminal Defense Law
We Will Protect Your Rights!

Our law firm has been operating for more than 15 years and our team has numerous years of experience between them, to ensure you get the best legal advice possible.

800-940-3710
1. James J. Foster Miramar Beach, FL
  Attorney at Law - FL, 1997
  University of Alabama J.D. 1995
2. AboutThe Foster Firm
  We Will Protect Your Rights!
3. Practice AreasExpertise
  Criminal Defense Law
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Byron E. Cotton

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Criminal, Wills & Probate, Felony, DUI-DWI, Misdemeanor

The law firm of Cotton & Gates, Attorneys at Law, has provided high-quality service and representation to people in Okaloosa County and Northwest Flor... (more)

FREE CONSULTATION

CONTACT

800-938-5401

3 Plew Avenue, Shalimar, FL 32579

Coy Howard Browning

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Personal Injury, Car Accident, Motorcycle Accident, Wrongful Death, DUI-DWI

As a former Florida State Trooper, Coy H. Browning has investigated over 1,000 car, truck, and motorcycle accidents. Coupled with his exceptional back... (more)

FREE CONSULTATION

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800-771-6930

185 Brooks St. SE, Fort Walton Beach, FL 32548

Suzanne Noland Whibbs

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Social Security, Wills & Probate, Workers' Compensation, DUI-DWI, Personal Injury

Suzanne Whibbs received her undergraduate degree from the Auburn University in 1993. In 1997, she received her J.D. from Cumberland School of Law at S... (more)

CONTACT

800-961-9050

801 W Romana St, Pensacola, FL 32502

John Donovan Whibbs

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Accident & Injury, Criminal, Workers' Compensation, DUI-DWI, Social Security

In 2012, Donovan was selected by Florida Super Lawyers as a “Rising Star,” an honor extended to only two and a half percent of Florida lawyers eac... (more)

FREE CONSULTATION

CONTACT

800-930-0350

801 W Romana St, Pensacola, FL 32502

Robert Anthony Dees

Federal, Felony, DUI-DWI, Criminal

Status: In Good Standing

CONTACT

543 Harbor Blvd, Destin, FL 32541

Michael L. Weimorts

DUI-DWI, Criminal, Personal Injury, Car Accident

Status: In Good Standing

FREE CONSULTATION

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4507 Furling Lane, Destin, FL 32541

Anna G. Cothran

Credit & Debt, Criminal, DUI-DWI, Domestic Violence & Neglect

Status: In Good Standing

CONTACT

Clary-Cobb Building, 1241 Airport Road, Destin, FL 32541

John Edgar Booth

DUI-DWI, Criminal, Medical Malpractice, Car Accident

Status: In Good Standing

CONTACT

3 W Garden St., Pensacola, FL 32502

E. Brian Lang

Criminal, DUI-DWI

Status: In Good Standing

FREE CONSULTATION

CONTACT

801 North 12th Avenue, Pensacola, FL 32501

Elizabeth Ann Amond

Estate, White Collar Crime, DUI-DWI, Criminal

Status: In Good Standing

CONTACT

700 S. Palafox St., Ste 210, Pensacola, FL 32502

800-923-0641

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LEGAL TERMS

ELEMENTS (OF A CRIME)

The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to perm... (more...)

The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to permanently deprive the owner of the property. Each of those four parts is an element that the prosecution must prove beyond a reasonable doubt.

LARCENY

Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the inten... (more...)

Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the intent to permanently deprive the owner of the property. If the taking is non forceful, it is larceny; if it is accompanied by force or fear directed against a person, it is robbery, a much more serious offense.

GREEN CARD

The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of ... (more...)

The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of the United States. It serves as a U.S. entry document in place of a visa, enabling permanent residents to return to the United States after temporary absences. The key characteristic of a green card is that it allows the holder to live permanently in the United States. Unless you abandon your residence or violate certain criminal or immigration laws, your green card can never be taken away. Possession of a green card also allows you to work in the United States legally. Those who hold green cards for a certain length of time may eventually apply for U.S. citizenship. Green cards have an expiration date of ten years from issuance. This does not mean that your permanent resident status expires. You must simply apply for a new card.

HOMICIDE

The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncrim... (more...)

The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncriminal in a number of situations, including deaths as the result of war and putting someone to death by the valid sentence of a court. Killing may also be legally justified or excused, as it is in cases of self-defense or when someone is killed by another person who is attempting to prevent a violent felony. Criminal homicide occurs when a person purposely, knowingly, recklessly or negligently causes the death of another. Murder and manslaughter are both examples of criminal homicide.

NOLO CONTENDERE

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committ... (more...)

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can't be used as an admission of guilt if a civil case is held after the criminal trial.

NOLLE PROSEQUI

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue... (more...)

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge's A1:C576 to 'nol-pros' a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated 'nol. pros.' or 'nol-pros.'

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

MCNAGHTEN RULE

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.

ARREST

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arre... (more...)

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arrest' even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.

SAMPLE LEGAL CASES

State v. Kelly

... Hlad 1033 held that the State may not use a criminal defendant's prior uncounseled [2] misdemeanor driving-under-the-influence ("DUI") convictions to increase a subsequent DUI charge from a misdemeanor to a felony, where the prior uncounseled misdemeanors led to actual ...

Thompson v. State

... TAYLOR, J. James Thompson petitions this court for a writ of prohibition to prevent his further prosecution for felony driving under the influence (DUI). ... On July 30, 2007, the petitioner was arrested for felony DUI. The felony charge was filed in Case Number 07-14097CF10A. ...

Hutto v. State

... Appellant claims that he is entitled to postconviction relief because his prior convictions for driving under the influence were uncounseled and thus improperly used to enhance the present DUI charge. He makes four claims based ...

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Holt DUI-DWI Lawyer, Florida

Sponsored Law Firm

The Foster Firm

SPONSORED LAWYERS

Byron E. Cotton

Coy Howard Browning

Suzanne Noland Whibbs

John Donovan Whibbs

Robert Anthony Dees

Michael L. Weimorts

Anna G. Cothran

John Edgar Booth

E. Brian Lang

Elizabeth Ann Amond

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LEGAL TERMS

ELEMENTS (OF A CRIME)

LARCENY

GREEN CARD

HOMICIDE

NOLO CONTENDERE

NOLLE PROSEQUI

BURDEN OF PROOF

MCNAGHTEN RULE

ARREST

SAMPLE LEGAL CASES

State v. Kelly

Thompson v. State

Hutto v. State

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