A notice to appear (NTA) is a legal document that really constitutes an arrest but doesn’t require some important things. When you are arrested, they can now take your DNA. They can take your fingerprints, but it doesn’t require you to be processed through the system so you’re never in the NCIC database. Understand that this is a big, big deal because if employers have access to that database, which many do, you will be on their target list for unemployability. In summary, for us lawyers, it is crucial that a client notify us if they receive a notice to appear (NTA), as it can lead to harsher legal consequences. Furthermore, an NTA also acts as a summons which entails the individual to personally go to court at a specific date and time. Disregard of this notice will attract other charges such as failure to appear in court, which transforms into an infraction which can result in more serious criminal charges. This escalation, can aggravate the legal proceedings and legal punishments, including fines, duration of trials, and imprisonment. Hence, an NTA is understood as a serious situation; people who receive such notice should consult a lawyer as soon as possible to discuss with possible consequences and adequately address their case.

In the United States, domestic violence is a big deal. If you are convicted, you will be unemployable by most corporations. In addition to which, for a period of time, you will lose the right to bear firearms. That’s a huge problem. Not just the firearms issue, but it will follow you forever. What people don’t understand is that once you’ve been charged and convicted of a crime of this nature, domestic violence, it stays with you in your arrest record. Not necessarily conviction record, but an arrest record forever, so avoid it at all costs. If you get in a domestic dispute with someone, you need to use your common sense. Calm down, turn around, and leave. That’s the best protection to avoid a charge of domestic violence, and certainly a conviction for domestic violence.

A court ordered intervention program is typically a program that is put in place by a judge as a condition of probation. Common court ordered prevention programs can deal with drinking and alcohol related issues or drug related issues. They can also deal with domestic violence related issues. Those are typically the context in which they come up. An intervention program is a program that attempts to address the root causes of an issue that resulted in criminal behavior, and it typically is structured as a condition of probation when someone is placed on probation as soon as result of one of those types of cases.

A no-contact order is a protection for someone against being contacted by somebody else. Typically, it’s used in domestic violence cases, which are established by a court and restrict parties to a domestic relationship, girlfriend/boyfriend, father/son, mother/ daughter, or husband and wife, from contacting one another because of the concern about them engaging in activity that will hurt on of the other parties. So a no-contact order, which is also a domestic injunction, prohibits that sort of contact. If either party contacts the other there can be a violation, which can result in jail time.

A controlled substance is one or more items that are listed in Title 21 of the U.S. Code, which restricts the access of civilians, non-physicians to chemicals that can injure or kill. That’s their view. Marijuana, oddly, is on that same list. So any controlled substance is one that’s regulated by the federal government, that limited access, and if you have those drugs in your possession, you can be charged with not only a federal crime, but a state crime, as well. So you need to educate yourself about what controlled substances are. Most of us know already what those are and you should stay away from them, because they can land you in jail for an extended periods of time. And the quantity and in fact the quality of the controlled substance that you have on your person can also determine how long you’re likely to spend in prison if you’re convicted of such a crime.

Yes, get a lawyer. And the battle is not on the street. Because if you irritate law enforcement in the street, you’re gonna get some licks for it. Don’t do that. Call a competent lawyer, because illegal searches, unlawful searches, searches without a warrant, that happen on the streets, can often be set aside, and if the evidence is set aside, it can’t be used against you, you’re not likely to be convicted. But if you fight in the street with law enforcement, I will tell you, they simply will push a button, call for reinforcements, and you’ll be much the worse the wear for it.

Always refuse to allow police to search you, your car, or your home. There is no necessity whatever in you giving up your Fourth Amendment protection and your Fifth Amendment protection against self-incrimination by allowing law enforcement to badger you into authorizing a search. Search can happen for three particular reasons. One, exigent circumstance, your house is on fire. Somebody’s got to run into the house to rescue children. That is exigent circumstance. The next is allowance by voluntarily saying, “Oh, sure, you can search. I don’t have anything to hide,” which is insane because when under what circumstances would you allow somebody you don’t know from Adam to search your personal belongings simply because they ask to do it? You probably are a group of friends that you have that you would never let into your house to search your house just because they ask to do it. Thirdly, there is the warrant, and a warrant requires probable cause before a judge before the judge will authorize that particular search, and of course, that’s a process. That’s not going to happen instantly, and it’ll give you an opportunity for law enforcement to go, “This individual is knowledgeable, not threatening, and not a jerk.” I’m going to go find easier prey because the whole purpose of a search is to put you in jail. So, no, you should never allow them to search you, your house, or your car voluntarily, and even if were some sort of admission of potential wrongdoing, it doesn’t make any difference. You really don’t have any choice except to refuse and ask them to get a warrant or let them go some place else.

Your mother is going to be really pissed, because you’re an idiot for carrying it on your person and being in a place where law enforcement’s going to search you and find marijuana. I mean, come on. The problem here is that when you’re arrested for anything, and in the United States, you become permanently marked within NCIC. You go to jail, you get your fingerprints taken, your photograph snapped, you’re in the system. The best thing you can do is when you initially get stopped is, try and plead for a notice to appear. Because when you ask for and hopefully receive a notice to appear, they will simply take a thumb print. You’re not really in the system. And most of those cases, provided it’s under 20 grams, can be diverted into a program where you get told, “You shouldn’t behave that way and you need to be a better person,” by the government, but ultimately the case is absolutely dropped. And that’s the best outcome. But candidly, again, you need to reassess your personal strategy in traveling around in the open with controlled substances on you, because ultimately, it’s going to lead to a problem that is going to cost you money, take time out of your life, and is going to put a permanent mark on you as a bad person, a socially unacceptable person.

You do not always need an attorney for a speeding ticket in Florida however in certain circumstances it can be very advantageous. In looking at your driving history a judge is going to consider the extent of that history, how many times you have been charged with various offenses, really how long it has been, the duration that you have been driving for as well as any other aggravating factors. If you were driving at a very high speed or a bad accident, those can very much work against you. So, the decision to hire an attorney for a speeding ticket isn’t a universal one, it’s not that you always need an attorney but in certain circumstances it does make sense to hire an attorney even if it’s simply out of convenience. Sometimes the ability to have an attorney go to court for you just makes a lot more sense than missing a day at work. Additionally, if you happen to be a commercial driver or a professional driver I always encourage people in that situation to hire a lawyer because there are a lot of additional consequences that can come from something even as minor as a speeding ticket that can really have a big impact on those specific individuals.

Let’s dive into what points on a driving record means. As someone drives over the course of their life, there is a record that is kept by the state. The Florida DMV keeps that record, and it’s called an MVR, a motor vehicle record. While driving at any age, someone may experience circumstances where they get pulled over or cited for traffic accidents, speeding, failure to yield, running a red light, or whatever it may be. Depending on how those citations are dealt with, they may result in points on a driving record. The significance of points is two fold. Number one, they have a bearing on how an insurance company sets someone’s rates. As you can imagine, this can be a big issue because it can cost a lot of money if your insurance gets bumped up as you get points and infractions. Additionally, if someone collects a certain number of points in a certain time period, in Florida, it’s 12 points within 12 months, 18 points within 18 months, or 24 points in 24 months, that can result in a separate suspension on someone’s driver’s license. So it can affect their insurance and the driver’s license itself. If you’ve recently found out you have been carrying points on your license, or just got new points, contact our traffic lawyers. We understand the ins and outs of the law, and can assess and help navigate your situation. We will do everything in our power to fight for your rights.

Just because someone receives a speeding ticket doesn’t automatically mean that their insurance rates will increase. However if that ticket is not dealt with appropriately and points are assessed, there is a strong possibility that the insurance will increase with a speeding ticket. That’s one of the reasons why it may make sense to hire an attorney to deal with a case like that because attorneys can help to keep those points off of someone’s license Moreover, in addition to potentially preventing insurance rate increases, working with an attorney can also provide peace of mind and save time and effort. Navigating the legal process can be complex and overwhelming, especially for those unfamiliar with it. Attorneys can handle the paperwork, negotiations, and court appearances on behalf of their clients, allowing them to focus on other aspects of their lives without the added stress of dealing with a traffic violation. In essence, investing in legal representation for a speeding ticket in Florida can offer both short-term and long-term benefits, ultimately helping individuals safeguard their driving record and financial well-being. It’s a proactive step that can make a significant difference in the outcome of the situation.

In Florida, the criteria for driver’s license suspension extends beyond specific infractions to include a point-based system. Accumulating points on your driving record can swiftly lead to license suspension. If you find yourself in this situation, contact our team of expert lawyers so we can evaluate your case and right for your rights. It’s important your team of lawyers understands local and state laws and has the experience to get the best outcome for you. Amassing 12 points within a year, 18 points within 18 months, or 24 points within 24 months triggers progressively longer suspension periods. This system is designed to incentivize safe driving practices and penalize repeated traffic violations. Additionally, drivers license suspension in FL can occur with various other infractions. Apart from point accumulation, certain offenses can lead to immediate suspension, such as driving under the influence (DUI), leaving the scene of an accident involving property damage or injury, and habitual traffic offender status. These suspensions can range from several months to years, depending on the severity of the offense and any prior convictions. Moreover, individuals may be required to fulfill additional requirements, such as attending traffic school or completing a substance abuse program, before their license can be reinstated. It’s crucial for drivers in Florida to be aware of these regulations to maintain their driving privileges and avoid legal consequences. Contact our expert team of traffic lawyers to share the details of your case.

The question we all want an answer to is if it is legal to talk on a call phone while driving in Florida. Since 2017, regulations regarding cell phone use while driving have undergone notable changes in Florida. While it is generally legal to engage in phone conversations while driving, commercial drivers are required to utilize hands-free devices to ensure safer operation of their vehicles. The widespread integration of Bluetooth technology in modern vehicles has facilitated this transition, making it more convenient for drivers to communicate while on the road. It is legal to talk on a cell phone while driving in Florida, but how about texting? When it comes to texting, the law takes a stricter stance. Presently, texting while driving is prohibited, categorized as a secondary offense. This means that law enforcement cannot pull over a driver solely for texting but can issue a citation if the driver is stopped for another violation and found to be texting simultaneously. Nevertheless, there are ongoing legislative efforts to elevate texting while driving to a primary offense, allowing law enforcement to directly ticket individuals for this behavior without needing another reason for the stop. Such measures reflect a growing recognition of the dangers posed by distracted driving and underscore the commitment to enhancing road safety across the state.

In Florida, the use of a radar detector is indeed permitted without any restrictions. This allowance might seem contradictory given the regulations surrounding radio signals controlled by the Federal Communications Commission (FCC). A radar detector, traditionally associated with picking up radio signals emitted by law enforcement radar guns, falls under this category. However, the key distinction lies in the detection mechanism. While a traditional radar detector focuses on radio signals, laser detectors operate differently. Laser detectors, such as those offered by Escort, function by sensing laser signals emitted by police LIDAR (Light Detection and Ranging) guns. Unlike radar, which operates on radio frequencies, LIDAR utilizes pulses of light to determine vehicle speed. Escort’s laser detectors are equipped with advanced technology that can detect these laser signals and alert the driver promptly. Interestingly, the legality of radar detectors varies across different states in the United States. While Florida allows their use freely, other states like Virginia and the District of Columbia prohibit them entirely. These differences stem from varying interpretations of traffic laws and regulations regarding the use of radar detection devices. The absence of restrictions on radar detectors in Florida aligns with the state’s broader approach to traffic regulations, which tends to prioritize individual freedoms and relatively fewer restrictions compared to some other states. This leniency extends to various aspects of motoring, including the use of radar detection technology. In essence, while the use of radar detectors might seem counterintuitive given FCC regulations, the allowance in Florida pertains specifically to laser detection devices, which operate on a different principle. Escort’s laser detectors provide motorists with a legal means to detect and respond to police LIDAR signals effectively, ensuring drivers are aware of potential speed enforcement measures while navigating Florida’s roadways

When it comes to handling a speeding ticket in Florida, there are indeed various options available, and going to court isn’t necessarily a requirement. Many individuals opt to pay the fine promptly, accepting responsibility for their actions and moving forward. Others may choose to attend an online traffic school, which can sometimes mitigate the impact on their driving record or insurance premiums. And then there’s the option of enlisting the help of an attorney who specializes in traffic violations. These legal experts can navigate the complexities of the legal system on behalf of the individual, often working to negotiate reduced charges or penalties. In some cases, the attorney may even represent the individual in court, sparing them the need to personally appear. So while court is certainly an option for addressing a speeding ticket in Florida, it’s far from a requirement. Each individual can explore the available avenues and choose the approach that best suits their circumstances and preferences.

Understanding the potential consequences of a traffic violation in Florida is critical. We advise all our clients to address the ticket promptly by paying the fine or exploring options to contest it with an attorney. Take proactive steps can help mitigate the impact on your driving record, finances, and overall driving privileges. Check out the possible consequences of a traffic violation in Florida with your personal license and a commercial drivers license. Fines and Penalties: Traffic violations typically come with fines that vary based on the violation. These fines can range from a few dollars for minor infractions to several hundred dollars for more serious situation. Let’s also not forget about court costs that may apply. Points on Driving Record: Different traffic violations result in the accumulation of points on your driving record. The Florida Department of Highway Safety and Motor Vehicles assigns points for various offenses. Too many points within a specific timeframe may lead to consequences such as license suspension or increased insurance premiums. License Suspension or Revocation: Excessive points on your driving record can lead to a suspended or revoked driver’s license. For instance, reaching 12 points within 12 months can result in a 30-day license suspension. Impact on Insurance Rates: Traffic violations can cause your insurance rates to increase significantly. Insurance companies often view individuals with traffic tickets as higher risk, leading to higher premiums or even the possibility of policy cancellation. Required Traffic School: In some cases, the court may mandate attendance at traffic school, especially for certain violations or as an alternative to points being added to your driving record. Completing the course can help mitigate penalties.

It’s essential to recognize that navigating legal matters, especially when it involves traffic violations or any encounter with law enforcement, requires careful consideration and understanding of your rights. While receiving a ticket might seem straightforward, it’s crucial to question its validity and whether it accurately reflects the situation. Understanding the nuances of legal definitions, such as what constitutes guilt in the eyes of the law versus personal perception, is key. Each jurisdiction may have its own set of regulations and interpretations, which further highlights the importance of seeking professional advice from the best ticket lawyers in Jacksonville. Consulting with a lawyer provides an opportunity to assess the specifics of your case and explore potential defenses. For instance, if there are discrepancies in how the ticket was issued, such as errors in calibration for speed detection devices or procedural mistakes by law enforcement, it could result in the dismissal of the ticket. In addition, the legal system operates under the presumption of innocence until proven guilty. This means that you have the right to challenge any accusations brought against you and demand evidence to support the charges. Without thorough examination and understanding of the circumstances surrounding the ticket, you might not be fully aware of your legal standing. Taking proactive steps, such as seeking legal counsel, allows you to assert your rights effectively and make informed decisions about how to proceed. Whether it’s negotiating with prosecutors, contesting the ticket in court, or exploring alternative resolutions, having a legal expert by your side can significantly impact the outcome of your case. In conclusion, never underestimate the importance of questioning the validity of a ticket and seeking professional legal advice. By understanding your rights and exploring all available options, you can ensure a fair and just resolution to any legal challenges you may face.

In the state of Florida, reckless driving is a fairly broad statute. Sometimes it can encompass behavior such as high rates of speed or erratic driving patterns. In other circumstances reckless driving may be an outcome of a negotiated plea in the course of a DUI case. There are a number of advantages as to why a defense attorney may push for a reckless driving offense versus a DUI offense, so reckless is one of those statutes that’s written pretty broadly and can be utilized in a number of ways to prosecute depending on if the facts and circumstances fit.

Let’s talk about fleeing the scene of an accident. In the state of Florida, if someone is involved in a traffic crash where the amount of damage is over $50, there is a requirement that the traffic information be exchanged. They have to give their name, address, contact information and insurance information. If they fail to do that and simply leave the scene, then they are charged with a criminal offense, which is fleeing the scene of an accident while failing to give information. This can result in a formal criminal charge and prosecution. This also has a bearing on how an insurance company sets someone’s rates. So that can be a big issue because it can cost a lot of money if your insurance gets bumped up as you get points and infractions. Additionally, if someone collects a certain number of points in a certain time period, in Florida, it’s 12 points within 12 months, 18 points within 18 months, or 24 points in 24 months. This can result in a separate suspension on someone’s driver’s license.

If your license was suspended, it can actually be a very complex to resolve in the state of Florida. Sometimes, resolving a drivers’ license can be as simple as paying an outstanding fine or a court cost then going down to a DMV and reinstating your license. Other times, there may need to be various steps taken by lawyers to assist in that process. If someone has a license that has some serious underlying issues – let’s say they have been designated what’s called a Habitual Traffic Offender – then there may be a necessity that we go back and deal with some of the older cases, to appeal them or set them aside in order to permit them to get a license at all. So some drivers’ license circumstances can be very straightforward; some can be very complex; some are somewhere in the middle. For the straightforward ones, it’s not always necessary to even have a lawyer.

Let’s understand what happens when you have a Florida CDL and get a ticket. As a commercial driver, CDL’s can be exposed to a lot of serious consequences that don’t apply to class E drivers, someone with just a standard drivers license. If someone has a CDL and is cited for any sort of traffic infraction, it’s very, very important that they at least consult with an attorney because even a basic traffic violation can result in a suspension or even revivification of their commercial drivers license. In that spot where someone’s livelihood hinges on their ability to drive, it’s absolutely critical that you have someone vet the circumstances to make sure that you are not going to run in to big issues down the road. If you find yourself in this situation, it’s crucial to seek expert legal advice promptly. Our law firm specializes in handling cases involving Florida CDL holders who have received traffic citations. We understand the complexities and stakes involved in defending your commercial driving privileges. By reaching out to us, you’ll benefit from our extensive experience and dedication to protecting your rights. Don’t risk the potential loss of your livelihood—contact our firm today for a confidential consultation to ensure you have the best possible defense strategy in place.

If you have a Florida CDL (commercial driver’s license) and receive a ticket when driving a personal vehicle, your CDO can absolutely be effected. Now depending on what the charge is, it may have some bearing on the severity, depending on whether you are in a commercial vehicle or whether you are in a personal vehicle. With that said, a Florida CDL driver holds that license regardless of what type of vehicle they are driving and as a result, it can directly impact the status of their license, regardless of which vehicle they are driving.

Commercial drivers are held to a much higher standard than a typical driver. As a result, a citation with a CDL is serious. There are some specific laws that govern what it is that permits someone to have a CDL and continue to be a commercial driver. In a circumstance where a commercial driver receives a citation for any sort of either moving or even non-moving violation, the impact that that can have goes far beyond that of a standard driver. As a result, it really is circumstantial and they need to speak with a lawyer who’s very knowledgeable on CDL laws to ensure that they are not going to jeopardize their livelihood or any sort of potential future employment.

An individual can absolutely lose a commercial drivers license (CDL) for a speeding violation. The law that governs CDLs, it’s called the Federal Motor Carrier Safety Administration (FMCSA), which is the federal law, requires that if someone is convicted – which doesn’t always mean they were adjudicated guilty – of two serious violations in a three-year period, it is a mandatory 60-day revocation of their commercial drivers’ license. A speeding violation more than 15 mph over the limit is a serious violation, and, in certain circumstances, can result in someone losing their commercial drivers’ license. In the event that you ave gotten a speeding ticket with your CDL, we know how important it is to get strategic legal counsel right away. Our team of Jacksonville lawyers specialize in navigating the intricate landscape of CDL regulations and have a proven track record of advocating for our clients’ rights. Our experienced attorneys are well-versed in challenging traffic violations, which gives you peace of mind that we’ll provide a comprehensive examination of the circumstances surrounding the alleged offense. We are dedicated to exploring legal avenues that may mitigate the consequences and protect the livelihoods of commercial drivers. Whether it involves challenging the validity of the charges, negotiating reduced penalties, or pursuing alternative resolutions, our Jacksonville law firm is committed to providing diligent and effective representation tailored to the unique needs of CDL holders facing potential license revocation. Contact our expert team today for a consultation on your situation.

A CDL who receives a traffic ticket is in a similar situation in terms of their options as far as a standard driver is concerned, however there is one exception. As a standard Class C driver such as myself, I am permitted to attend traffic school in order to keep the points off of my license, I can do that. A commercial driver by law is not entitled to attend traffic school. So when it comes to dealing with and deposing of a CDL traffic violation as a commercial driver, the driver can either pay the citation which is not a good option as a commercial driver, they can go to court or have their lawyer go to court or they can actually challenge the basis for the infraction meaning have a trial on the matter which in a sense is also going to court. If the individual plans on challenging it or simply plans on going to court to get the points withheld, oftentimes it does make sense to hire a private attorney who is knowledgeable in that area because there can be some pitfalls with both of those courses of action.

In the State of Florida we have a law that is known as habitual traffic offender, often call it HTO. In order to be a habitual traffic offender there are a number of thresholds that are met. If someone receives three traffic infractions of a certain nature within a five year period, then they will be designated a habitual traffic offender. Those infractions can include things such as DUIs, they can include driving on suspended license charges and other serious types of traffic-related offenses, certain accidents resulting fatalities, things of that nature. If someone is designated as a habitual traffic offender, the penalties rise significantly versus what they would be for, say, an individual DUI or individual driving on suspended license. In Florida once someone is designated HTO, they lose their license for a five year period from the time of the designation, and additionally if they have a third or subsequent offense under HTO, that then goes from being a misdemeanor, which a DUI and a driving on suspended is typically a misdemeanor, that goes from being a misdemeanor to actually being a felony. They face much more severe penalties simply in terms of a criminal prosecution. There are actually folks who have gone to prison for driving on a suspended license as a habitual traffic offender.

Most the time the answer to the question is no. However the only way you can assure yourself that you don’t need a lawyer is to talk to a competent lawyer who can look at the facts and circumstances surrounding your contact with law enforcement and tell you whether or not you need to be represented. One of the problems with not being represented is that anything you say can be used against you. What I say about you can’t be used against you and that is a unique protection that can only be provided by lawyers.

There’s a big difference. Each one of those, the state is a sovereign; the federal government is a sovereign. You can violate one law in the state, and also have violated another in the federal government. You could be literally charged with two crimes. That is not double jeopardy because they’re two different entities that are charging you. The state typically relies on state statutes, and the federal relies on federal code. Typically, Title 18, Title 21 is narcotics. Title 18 in the federal side is simply your general crimes. In the State of Florida, there are a variety, all found in the Florida State statutes, but they are crimes that are punishable by a felony, more than a year. Misdemeanor, less than a year. There are some unique aspects of crimes that are committed and are simply ordinance violations, which are typically civil in nature, but sometimes have rather large fines. You need to talk to a lawyer if you find ourself charged with any one of these, either a felony, misdemeanor, or an ordinance violation.

Under the Fourth Amendment, anything that does not have a warrant is an unreasonable search. It may be a seizure later if they find contraband, but unreasonable searches and seizures always have one of three things. Exigent circumstances. It’s an emergency. A house is burning and I’ve got to go in to rescue people. I see contraband. You could be charged with that. Consent. If you consent to an actual search, then of course, it can be used against you. The last, but the most reasonable, is a warrant. That warrant requires a signing off for an affidavit of the facts to a judge. A judge has to authorize that search. The whole purpose of this is to protect you and I as citizens from overreaching by the government and them just walking up to asking to search or creating some exigent circumstance that does not really exist.

There’s a big difference. Each one of those, the state is a sovereign; the federal government is a sovereign. You can violate one law in the state, and also have violated another in the federal government. You could be literally charged with two crimes. That is not double jeopardy because they’re two different entities that are charging you. The state typically relies on state statutes, and the federal relies on federal code. Typically, Title 18, Title 21 is narcotics. Title 18 in the federal side is simply your general crimes. In the State of Florida, there are a variety, all found in the Florida State statutes, but they are crimes that are punishable by a felony, more than a year. Misdemeanor, less than a year. There are some unique aspects of crimes that are committed and are simply ordinance violations, which are typically civil in nature, but sometimes have rather large fines. You need to talk to a lawyer if you find ourself charged with any one of these, either a felony, misdemeanor, or an ordinance violation.

RICO is racketeering influenced corrupt organizations and it simply is a federal law that allows the prosecution of organized crime. Organized crime meaning they use a certain type of offenses, robbery, fraud by wire, fraud by mail, threats, all of those things on more than one occasion, repeated actions, constitutes racketeering influenced corrupt organization. 20 years each penalty plus substantial ability for the government to seize assets.

Typically drug possession is an amount sufficient just for personal use. If you have higher quantities or you have a truck filled with small plastic bags with thousands of doses of controlled substance, that’s gonna be a trafficking charge. So it has to do with the intent of the individual possessing the drugs and generally the quality and quantity of the drugs themselves.

In the federal system you have to be indicted in order to be prosecuted, so the U.S. Attorneys Office and all the federal agencies appear in front of a grand jury, provide them with evidence to indicate you or others are engaged in criminal activity. That is the grand jury, typically constituted of 24 people who once a week review the information from the various agencies and returning either a true bill, which means that probable cause exists to arrest you for that crime or a no bill, which means that you do not have to worry about going to federal prison.

The prosecutor makes his determination based on the priority of the case from the investigating agency. So if the FBI has a high priority case, or the DEA, or the ATF, or other federal agencies have high priority crimes, those are the ones that are most likely to get prosecuted first. And that basically comes down from the Attorney General’s Office. Mostly the Department of Justice determines which cases are most critical to enforcement, and the energy is placed there. So ultimately, the U.S. Attorney’s Office prosecutes cases based on their level of importance to the Federal Government.

Yes, a convicted felon can possess a firearm under one specific circumstance, and that is necessity. For example, you’re being attacked. You’re the convicted felon, your wife has a handgun. You take that handgun from your wife, and you use it to defend yourself in a stand your ground case, no harm no foul. But in general, if you’re a convicted felon, you can never possess a firearm. The only way to overcome that disability and not be a prohibited person is to get a gubernatorial pardon, or in some cases a presidential pardon.

In the realm of law and legal proceedings, certain terms may seem complex or intimidating, but they often serve as crucial tools for maintaining order and protecting rights. One such term is “injunction.” An injunction is a powerful legal remedy utilized to preserve the status quo or prevent future harm in various legal disputes. It is an order issued by the court telling someone they can’t do something. Typically we see this in domestic violence cases where an individual is told to stay away from a given party. Types of Injunctions: Temporary Restraining Order – Typically granted in urgent situations before court hearing. Preliminary Injunction – Issued after a TRO until court makes a decisions on a case. Permanent Injunction – This is a final judgement at the conclusion of a lawsuit.

If an injunction was issued against you, it means you can’t have contact with a certain person or a group. So, when an injunction is issued by a court, it prohibits you from having any contact with that other party. You need to stay clear of that person. Please be advised this also means third party contact. You cannot call somebody and have them call that individual. It is as simple as it sounds – stay away from that person. In cases of domestic violence, an injunction acts as a safeguard, prohibiting any form of communication or interaction, directly or indirectly, between the restrained individual and the protected party. Violating the terms of the injunction, even through indirect contact, could lead to legal consequences, including potential arrest. However, it’s essential to note that an injunction is not necessarily a permanent restriction. There is typically a subsequent hearing where the restrained individual has an opportunity to present their perspective before the court. At this hearing, the judge may consider lifting or modifying the injunction based on the presented arguments and evidence. It’s crucial to adhere strictly to the terms of the injunction until the court modifies or lifts it officially. In essence, an injunction serves as a temporary measure aimed at preserving safety and preventing further conflict, with the possibility of reassessment based on legal proceedings and provided evidence during subsequent hearings.

In the state of Florida, securing an injunction doesn’t hinge solely on direct instances of domestic violence. Various causes of action exist that can lead to the issuance of an injunction, with domestic violence being just one of several factors. Beyond domestic violence, other causes such as stalking, sexual violence, or instances of repeat violence can prompt a court to implement an injunction. Notably, these causes of action don’t necessarily require any element of domestic violence. Florida’s legal framework precisely defines domestic violence, and in certain cases, it may not fit the circumstances, yet this doesn’t impede the possibility of obtaining an injunction. Domestic violence, as per Florida law, encompasses specific criteria that may not always align with the situation at hand. However, this specific classification does not serve as a barrier to seeking an injunction in other contexts. The law acknowledges a spectrum of behaviors and actions that can pose threats or cause harm, extending beyond the conventional understanding of domestic violence. As a result, individuals facing stalking, repeated violence, or sexual violence, irrespective of their association with domestic violence, can seek legal recourse through obtaining an injunction for their protection. Understanding the broader spectrum of actions that can warrant an injunction in Florida is crucial. It underscores the availability of legal remedies for individuals facing various forms of threats or harm, not limited to instances explicitly categorized as domestic violence. Seeking legal counsel and understanding the specific legal avenues available can be pivotal in initiating the process of obtaining an injunction based on the unique circumstances of each case. Contact our legal team at Dale Carson Law so we can help you navigate your case. We are here to help, and with our team of experts we will do all we can to help and support you.

Typically aggravated assault is where are you using a weapon when you’re assaulting someone. So if I pick up a stick, a beer bottle, a handgun, a rocket launcher, I am committing the crime of aggravated assault.

Aggravated battery is different from aggravated assault. One is simply the assault, and that means not touching. Battery means touching. If I take that same stick or that same handgun and I shoot it, or I strike you with that tool, then that is aggravated battery. There are different levels of that. In some cases, individuals are so hurt by the attack that you could actually be charged with attempted murder.

Burglary is breaking into a house, a dwelling, but it is also breaking into a car, burglary, breaking into an unoccupied dwelling or an occupied dwelling. Typically breaking into an occupied dwelling is home invasion robbery, so we need to be very careful with those use of terms because in Florida, a burglary can be a life felony.

Involuntary manslaughter is a type of homicide offense in which the intent element is lacking, so essentially what that means is for a typical homicide offense and just criminal offense generally it requires criminal intent. The intent to steal something or the intent to shoot someone, that is the intent requirement. In the event of an involuntary manslaughter type charge, that intent requirement is replaced with something along the lines of negligence or recklessness, so to give an example, if someone shoots intentionally and kills someone, that’s a murder or a manslaughter charge. However, let’s say someone is in their apartment just playing a gun and negligently discharges that gun, say through a wall or ceiling and hits and kills someone, they certainly did not have the intent to commit the crime, however they did still kill someone. So in that circumstance something like an involuntary manslaughter charge is probably more appropriate because it wasn’t the intent to commit the homicide. It was simply the negligent behavior that ultimately led to the death.

Assault simply means making you duck. Essentially, flinch when I come toward you or I pretend to hit you. That is an assault. There is also verbal assault, when I call you names or I threaten to hurt you. Actual battery means touching, physically and connecting with the assault. So, typically we’ll hear assault and battery. When someone throws a swing at you and actually hits you, that is a combination of both assault and battery. Typically, those are misdemeanors. The aggravated aspects of that where somebody’s really hurt or you pick up a tool to use in your assault, those are felonies.

Burglary is the unlawful entry into a dwelling, typically, in some occasions a shed, or some occasions an automobile, but robbery is the actual use of force in order to take property from a certain individual. Typically, we know that as putting a gun on someone’s nose and taking their wallet, that’s robbery. Breaking through a door and entering a house, unoccupied or occupied, is of course burglary.

The difference between a murder charge and a manslaughter charge really revolves around the intent of the individual who committed the crime. In terms of a murder charge, you are typically talking about intent to kill and that usually is very clear or at least somewhat more straightforward. Whereas a manslaughter type charge, the intent requirement is different. The mindset of the individual who committed the act is different and that’s really what denotes the difference in terms of the significance. In the end, they are both homicide offenses. Someone died as a result of them but the real distinction is on the intent of the individual who committed the act.

You are allowed to protect yourself from unwanted assault by anyone else. Now the levels are what are important here. You can only use deadly force to protect yourself if you have an imminent fear of death or great bodily harm. If someone attacks you with a pool noodle that is not imminent fear of death or great bodily harm. You can’t pull out a handgun and shoot them and consider that self defense. On the other hand, if they are attacking you with a shotgun then you can employ deadly force to protect yourself. But it’s a complex question, I’ve given you a very simple answer so you need a competent lawyer consult in order to know specifically what your rights are.

I taught interview interrogation for the FBI for a number of years and I will tell you now that I can give your Miranda Warnings in a way that will make you want to talk to me. So, Miranda Warnings although they are advising you you have a right to remain silent, that you have a right to an attorney and you have a right to stop questioning at any time. All of those kinds of rights, it can be told to you in a way that make you feel comfortable answering questions. Don’t do that. You have the right to remain silent. That’s the most important aspect of those rights. Engage that when you confront law enforcement.

Misdemeanor charges typically serving in custody, if convicted, less than one year, felony above a year, but that’s not the truth. The truth is that a felony charge is a serious charge that will affect you for the rest of your life. It is considered, by society, a serious offense. Misdemeanors, on the other hand, not so much. Typically, prosecutors are much more negotiable in misdemeanor cases than they ever will be in felony cases. Occasionally, attorneys are able to get cases dropped from being a felony to a misdemeanor. That’s where you want to go if you do have a felony. If you have a misdemeanor, you want to get that case diverted so there’s no harm, no foul, to you in the future.

If you use a weapon during a robbery, whether it’s a handgun, a knife, it really does matter. In the case of a firearm, it will ultimately result in what we know as minimum mandatory sentences, which means that you’re going to be in a custody for a long time and you will not get time off for good behavior, so weapons charges in the state of Florida are very serious charges, particularly when they’re connected with a robbery.

Typical public defenders have upwards of 400 cases each. I carry a maximum load of probably 20 to 40. The result is I can pay a lot more attention to your case, in addition to which I have skills that a public defender simply does not have which involve negotiating with the state attorney’s office in order to get your case reduced before you ever get arraigned on a given charge.

There are two types of theft, petty and grand theft. Grand theft is over $300. Petty theft is under $300. Typically, we see petty theft charges in the context of shoplifting.

Blood alcohol is the amount of alcohol actually in your system. There are two ways to obtain this. One is through a machine called an intoxilyzer that you blow into and it determines mathematically how much alcohol is actually in your blood. In the state of Florida anything above .08 is too much. Anything below that there’s not an assumption that you are actually intoxicated. Typically, breath alcohol comes when you are charged with driving under the influence.

Refusing a breath test in the state of Florida can result in additional criminal penalties, on top of a DUI charge, if there is, what’s called a prior refusal, meaning this is not a first DUI. A subsequent refusal can actually result in a wholly separate criminal charge. Additionally, even if it is a first DUI, refusing a breath test can actually result in additional sanctions on someone’s driver’s license. With that said, refusing a breath test may make it more difficult for a prosecutor to prove a DUI case. So there is a bit of a strategic decision that has to go into whether it makes sense to blow, or give blood or urine, or to refuse in a DUI.

A DUI conviction is in sense that. It is a conviction. It is a criminal conviction much as another other type of criminal conviction goes. That can result in a number of collateral consequences when it comes to things like applying for jobs, applying for State Licenses, if you were to ever apply for say a commercial drivers license to drive professionally, DUI convictions can create huge issues for individuals in those situations.

If you are requested to take a field sobriety test in Florida, which officers do have the ability to request, you have the option to either do the fields or not. That is very much a function of an individual. We often say in the criminal defense world that field sobriety tests are not really tests. They don’t actually indicate whether you’re truly impaired or not. Oftentimes, they’re much more tests of things like physical dexterity and coordination. If someone is physically fit and if they have good balance and they’re someone who would do well on those, it may not even matter whether they are intoxicated or not. It might make sense to do fields. If someone is clumsy or has medical conditions or things of that nature, they may not perform well on field anyways, so it is, again, a strategic consideration that’s really up to an individual as to whether they think it is going to be beneficial or harmful for purposes of an ultimate DUI prosecution.

Florida has hardship and what are termed business purposes only licenses that are oftentimes utilized in the event that someone has a conviction for driving under the influence or even a charge for driving under the influence. The parameters of those licenses are generally for what are termed necessities. So if someone has a necessary reason to drive, such as school, medical care, child care, groceries, anything that’s really necessary, they are permitted to use that license. And that is a fairly common thing that comes up in the course of DUI prosecutions in Florida.

This outta be easy for most of us. We just have to look at our best friend when he’s intoxicated and we’re sober, and we laugh at him because he has a staggering gait. He has slurred speech, he can’t speak well, and most critically, he has the smell of alcoholic beverage on his breath. That’s what police officers look for. So the best thing to do is not drink and drive, but if you do drink and drive, it’s my opinion that you should never take a field sobriety test. Many of us, because of our age and other infirmities, have difficulty performing these tests and it is simply a test to be used against you. So if it’s offered, I would decline.

Someone can absolutely be stopped and/or arrested for DUI in Florida regardless of whether the vehicle is moving. I’ve actually handled a number of cases where my client was not even in the vehicle and has been charged with driving under the influence. It’s a very fact specific situation and there may be some very good legal defenses to that charge but for purposes of an arrest, absolutely. Someone can be arrested if a vehicle is not moving, even if the vehicle is not turned on.

An ignition interlock device is a piece of equipment that is placed in someone’s car typically as a condition of probation or as a condition of their being able to drive through DMV which requires that someone blow into an instrument that detects whether or not there’s alcohol in their system. If the interlock device detects alcohol, it prevents the car from actually turning over, so the car will not turn on if it detects alcohol. It’s very commonly something that is used as a condition of probation after a DUI conviction, particularly if there are prior DUI arrest.

If the drunk driving conviction was in fact a conviction, meaning that you were adjudicated guilty by law, you do not qualify to seal or expunge your record. That’s one of the big reasons why we push to have a case reduced down to something like reckless driving where adjudication where adjudication would be withheld because that is a circumstance where it’s a work around for that conviction which ultimately allows us to seal or expunge a defendant’s record.

In the state of Florida, the standard for a DUI arrest and prosecution is one of two things; if someone has a blood alcohol level that is above the legal limit, which is .08, that is sufficient. Even if the blood alcohol level is below .08, if they can argue or show that your normal faculties were impaired, technically they can still prosecute a DUI. This is fairly common in a circumstance where there may be some combination of say drugs and alcohol, and in that spot, oftentimes they will request some sort of additional tests, such as blood or urine, to verify whether there are other intoxicants in someone’s system. In that spot, and I have over the years represented a number of folks who actually blew zeroes, who had no alcohol at all, yet they were still formally prosecuted for driving under the influence, because the state believed that their normal faculties were impaired in spite of the fact that they had no alcohol in their system.

The loss of a driver’s license is a very big issue that is incredibly common in DUI prosecutions. In the state of Florida, someone can actually lose their license a number of ways in the course of a DUI. DUIs are two separate fights that get fought. Number one: There is a battle regarding someone’s administrative driver’s license through DMV. There are certain processes in place where we can try and attack the basis for that suspension. Additionally, even if we are able to win a DMV hearing, based on the statutory requirements in Florida, if someone is convicted of a DUI, there are court-ordered suspensions that go above and beyond what may happen with DMV. So, absolutely, there is a possibility that someone may lose their driver’s license in a number of different ways if they are prosecuted and ultimately convicted for a DUI.

The penalties for a drunk driving conviction can vary widely, based on a number of factors, including prior record or lack of prior record, the blood alcohol level of the defendant who is charged with a crime, as well as a number of other considerations, general criminal history, the demeanor of the defendant. There are a whole number of ways that those factors can affect the penalties for a DUI. The standard minimum penalties, which are fairly common for a first DUI in the State of Florida, involve an adjudication of guilt, meaning a criminal conviction. A $500 fine, 50 hours of community service, level one DUI school, a victim impact panel which is a two hour class put on Mothers Against Drunk Driving, a 10 day tag impound requirement, as well as any sort of additional fines and costs that are assessed by the Court.