Not everyone is well versed in the law, but there are some basic things that are well known. For example, most people know that if a couple gets divorced and they have kids, decisions will have to be made about custody and support. But the intricate details of those decisions are the lesser known things that should be left in the hands of a capable attorney to help determine. In criminal cases it is common knowledge that probation is a good way to resolve a case without having to go to jail. Most people are even aware that there are certain rules and requirements that have to be followed while on probation, and if those rules and requirements are not followed then the probation can be revoked. But there is more to probation and… Continue reading
Violating probation is a serious thing, which can land you in serious trouble. When probation is violated the defendant is taken off of probation, and has to prepare for a legal battle regarding the initial charge as well as a few other charges. The end result could be a stiff financial fine, jail time, or probably both. If you are charged with violating probation you need to give the matter all of your attention, so you can get a result that works. A qualified criminal defense attorney can help.
Four possible penalties for violating probation, other than revocation of the probationary term, are:
- Your will be charged with the crime of probation violation. This is a separate charge from the original charge you were facing, and has to be defended separately.
- Whatever act resulted in the violation will also be a new charge… Continue reading
Even though there are plenty of television shows and movies about the law, the reality is not as glamourous. There is no red carpet rolled out for attorneys when they show up to Court, and there is usually not a “smoking gun” of evidence. And just because Marisa Tomei was able to catch the prosecuting attorney off guard in My Cousin Vinny, times like these are few and far between in the real world. So it is not surprising to learn that when people are arrested and charged with a crime, they are not sure how to act or what to do next. Fortunately, there are attorneys who have experience defending certain types of crimes, and when you partner with one of these attorneys you can have a good shot at getting a good result in your case.
When faced with a problem most of us like to have a plan of action to get the problem resolved. This may range from coming up with a budget in order to save for a vacation to keeping track of what we eat each day in order to lose weight. If you are trying to fix something around the house, you might look at some DIY videos and then try to make the repair on your own. Most times though, for these and other issues, turning to a professional is the best idea. If the situation you are facing is an arrest for DUI you need to know that this type of case involves possible jail time, payment of criminal fines, or loss of your driver’s license, call a skilled DUI and criminal defense attorney for help. And if you are interested in knowing a… Continue reading
Most DUI arrests are made after a driver “fails” a breath test. This means the driver has taken a breath test, and the results show more alcohol in their system that what the law allows. Florida’s threshold figure is 0.08%, so if you register a BAC over that amount you can be arrested and charged with DUI. Breath tests are scientific test, and thus subject to scientific scrutiny. There are also other challenges you can make to a test’s results, which may or may not require introduction of highly technical scientific evidence.
Here are three interesting facts about how a breath test works in a DUI case:
- The officer has to observe you for a full 20 minutes before the test is administered. If this timeframe is not followed, the test results may not be valid. And if you are able to prove that… Continue reading
It is pretty common knowledge that if you agree to go on probation to resolve a criminal case against you, you have to do certain things. You also have to refrain from doing certain things, like getting into more trouble. If you are caught doing something you are not supposed to do, such as staying out past curfew or failing to take Court ordered rehab courses; or if you do something you are not supposed to do, like get arrested for a new crime, your probation can be revoked. When probation is revoked the defendant has to figure out how to resolve the original case against them, defend the new case charges, and also defend the probation violation charge. This can be a lot to take in, but with the right criminal defense attorney by your side you can get through this process.
But there… Continue reading
It is common knowledge that if you are arrested and face a criminal charge, there will be consequences. But the punishment for criminal violations vary from case to case, depending on the type of charges filed against you. For a DUI case you can expect to have to fight for your freedom, and also for your right to drive. But, there are other possibilities, and it is helpful to know what you are facing so you can make informed decisions about how to defend your case.
Five of the most common DUI penalties, when the driver is a first time offender, are as follows:
- Payment of a fine that can be as high as $2,000.The amount varies because people have different levels of alcohol in their blood (the BAC), and the fine is sometimes tied to that figure. The higher your BAC, the higher fine… Continue reading
DUI cases are two part cases; the first part is the criminal action against you, and the second part is an administrative proceeding regarding loss of your driver’s license. A successful outcome requires you to defend both parts, which requires a skilled DUI defense attorney. In order to get a good outcome, you need to move quickly and call an attorney right away. This is partly because if you want to get your license back, or at least get a limited license; you have to make a request for administrative review within ten days of the arrest. If you let this deadline pass, you will not be eligible for a limited license. Acting fast is also necessary because you are facing potential jail time, and large fines. The sooner you start talking over the facts of your case with a qualified attorney, the sooner you… Continue reading
The requirement to have an interlock device installed in your car if you get a DUI has historically been reserved for cases where the BAC was significantly higher than the 0.08% limit (at .15%) or if the driver was transporting a minor child at the time of DUI arrest. However, there have been pushes for changes to these requirements, and that movement seems to be gaining ground. A recent proposal to make the interlock requirement apply to all first time DUI offenders, even those who do not have a BAC as high as .15% and/or are not driving with a minor in the car, has passed its first hurdle in the State Legislature. If the initiative continues forward, there could be changes coming to the rules that apply to when an interlock is… Continue reading
The breath test is the most common way police officers make a determination that a driver has had more to drink than is legally allowed before operating a vehicle. Once an officer observes a driving pattern that is indicative of drunk driving, the car can be pulled over the drive questioned. If the questioning leads the officer to believe the driver has had too much to drink, he or she can ask the driver to submit to a breath test. When the breath test results show an alcohol concentration in the driver’s system of 0.08% or more, a ticket and arrest for DUI can be written. This type of scenario makes it critical for every driver on Florida roadways to know a few things about how breath tests work, and what types of things… Continue reading