The main task of criminal law in the state of Florida is:

• regulate public relations associated with any kind of violation of existing laws,
• determine the punishment,
• and restrain the desire to commit crimes.

Law enforcement officials should use various legal methods to encourage the population to prevent the commission of crimes.

Another important function is to help violators of the law put on the path of correction, to abandon their criminal intentions.

Basic principles:

1. Legality

The essence of legality lies in the fact that:

• it is impossible to arbitrarily interpret legal provisions,
• the fight against crime should not go beyond the legal framework,
• the punishment in no case should be stricter than that provided for a specific violation.

2. Equality before the law

Everything is very clear here – there should not be any prejudices during the investigation, the court hearing. But at the same time, their own provisions apply to minors, the elderly.

3. Humanism

Harsh treatment, torture, and any other violence against a person who breaks the law are unacceptable.

4. Prohibition of double responsibility

No one can be convicted twice for the same act. But at the same time, a re-examination of the case is allowed if facts concerning it are discovered, or violations are found during the previous investigation.

5. Necessity

The government does not have the right to arbitrarily issue new laws – this should be due to the really existing need of society.

Stages of a criminal case – from arrest to sentence

Investigation of a violation of the law begins from the moment when police officers receive news of the commission of a crime or they themselves record the fact of its commission.

It is necessary to establish whether there is indeed evidence of possible guilt. So, for example, if a person is suspected of drunk driving, it will have to take a breathalyzer test.

If a crime is committed in front of an officer, he has the right to immediately arrest the offender. In this case, the policeman has the right to conduct a partial search and seize weapons, evidence relevant to the case.

In other cases, a notice is sent to the suspect, which indicates that he must appear in court at the appointed time. If this is not done, an arrest warrant will be issued.

After a person is taken to prison, they take pictures of him, take fingerprints, confiscate property, and enter information into a special database. It can be accessed through a special service.

Within 24 hours of being arrested, the arrested person must be charged or released.

The judge at the same time makes a decision on bail and other conditions of temporary release. Also, the person is explained what his fault is. A person can admit it, and then the process will be significantly simplified since the verdict will be delivered without trial.

The next stage is a preliminary hearing, where the judge, on the basis of the information provided, decides whether there are good reasons to believe that the person under investigation is guilty and whether it is worth bringing the case to court.

A lawyer defending the defendant may advise him to make a deal. This will not absolve you from responsibility but will allow you to finish the case earlier, saving time, and in some cases mitigating the sentence. But this way out of the situation is not always the right one for the suspect. It all depends on the nuances of the case.

When the arrested person does not make a deal and does not admit his guilt, he is brought before a judge or jury, who decides his fate.

The trial also consists of several stages:

• at the first, introductory statements are read,
• then the prosecution sets out its arguments,
• interviews witnesses,
• then the defense side conducts a cross-examination and provides its witnesses,
• the latter is also cross-examined by a representative of the prosecution.

After that, each side makes a closing speech, and the judge or jury, based on all of the above, will issue a verdict.

The punishment can be different:

• a fine,
• imprisonment,
• probation,
• community service,
• or it can be a combination of, for example, a fine and imprisonment.

Florida’s criminal law allows for the death punishment. But only if the person is accused of particularly serious criminal offenses.

Representatives of law enforcement and judicial authorities must understand how important it is to follow all the rules

Any violation can lead to sad consequences. For example, if evidence was collected without a search warrant, or confidential documents were seized without permission, the defense attorney may request that the evidence be disregarded in the investigation. That is, the guilty person will be able to escape punishment.

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Every third resident of one of Florida’s counties tested positive for COVID-19. In general, the recorded positive test for coronavirus in the state at 19% is one of the highest in the country at present, Reuters notes. Recall that the WHO regards the rate of positive tests for coronavirus at 5% as “extremely alarming”.

Florida is one of the few states that does not disclose the number of COVID-19 patients hospitalized. But more than four dozen hospitals in Florida reported that their intensive care units had reached full occupancy by the end of this week. In July, Florida authorities repeatedly reported new daily coronavirus cases, more than any European country at the height of the pandemic.

Fatalities from COVID-19 in Florida are close to record levels amid rising death tolls across the country. Despite the fact that more than 11,000 new cases of coronavirus were recorded on Friday, the authorities of the “sunny state” were still pushing their plans to open a Disney World theme park in Orlando. The park is slated to open as early as Saturday for a limited number of visitors. To mitigate the risk, visitors and staff will have to wear masks and undergo temperature checks, and there will be no traditional parades, fireworks, or other events that draw crowds inside the park.

About 19,000 of the 100,000 theme park employees signed a petition asking Disney to postpone the opening, and the union of actors, representing 750 Walt Disney World artists, filed a complaint in connection with the requirement of the park management to test them for coronavirus, according to NBC News.

Dr. Anne Rimoin, professor of epidemiology at the School of Public Health at the University of California, Los Angeles, told Variety that opening Disney World is a “terrible idea”. “There are several hospitals in Florida that are running low on beds. Health professionals warn that they will not have enough ventilators and the required number of beds in the near future, as new cases in the state hit new ones everyday records. In my opinion, everything is heading for disaster,” – said Rimoin.

Note that the United States has the largest number of cases and deaths from COVID-19 in the world. As experts warn, the number of such cases is likely to rise after the recent record-breaking outbreaks of the pandemic in many states.

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The traffic in Florida is not so chaotic, the speed limit is generally observed, and the markings exist not only for beauty. Although most national traffic rules are based on the Vienna Convention on Road Traffic, they all have their differences.

Florida has a low exam fee. You will only have to pay extra if you fail to pass the theory or practice the first time. To take the exam you do not must be a US citizenship or residence permit is required.

Florida does not require a driving school certificate, although some other states do. To take the exam for a foreigner, all you need is a passport, national driving certificate, and a printout from the website of the border service indicating the period of legal stay in the country. A temporary driver’s license will be issued for the same period.

You can choose the date of the exam and sign up for it on the Florida Department of Highway Safety and Motor Vehicles website, where you can choose the time and department.

The theoretical test for the exam will be on a computer. Questions are displayed on the screen, and it is enough to touch the correct answer. There are a total of 50 questions in the test, and you need to successfully answer 40. It turns out that you have 20% on the error, and you can skip the awkward questions, that is, skip them to the end of the list.

The next step is driving test. The area for this behind the building. You may provide independently the car with valid insurance. If you do not have a car – it’s not a problem. There are many cars belonging to driving schools in the parking lot, which can be rented for 20-30 dollars.

In addition, your car must meet certain requirements: no excessive backlash in the steering, service brakes and brake lights, turn signals, and other usual things such as mirrors, windshields, and four wheels. Among the requirements is one interesting – the maximum height of the bumper from ground level.

In case of unsuccessful passing of the exam, you can take the exam also resend but after a while.

After passing the exam, all you have to do is pay $70 and get a Florida driver’s license in 5 minutes.

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Personal loans are one of the various forms of credit that can come in handy when making big purchases. Since they have relatively low interest rates, they can also be used to consolidate several high-interest debts like credits cards into one low-cost monthly payment.

Like any other credit, a personal loan is a powerful financing tool but it is critical to consider the impact, advantages, and disadvantages of any credit resource before applying for it. Here are some key things that you should know before taking out a personal loan:

How personal loans work

It is an instalment loan, so you borrow a fixed sum of money and repay it with interest in agreed instalments, typically monthly, over the life of the loan, which normally is between 12 and 84 months. When you settle the total amount, your account is closed and if you need another loan you have to apply again.

Types of personal loans

Personal loans come in two main types:

• Secured loans – These are backed by assets, say houses, vehicles, savings accounts, and others. These loans have the guarantee of recovery from the collateral in case of default, so they have lower interest rates.
• Unsecured loans – These are not backed by any collateral and the lender assesses whether to extend them based on the borrower’s financial history. They have higher interest rates and are suitable for those who need small amounts.

The application process

You go through an application process to get a personal loan. But before submitting your loan application, you should first check your credit report and credit score to get an idea of what lenders will see when they check them. Your credit score is not affected by you checking your credit report, so check as frequently as you need.

After having checked your credit report and taken any necessary action depending on what you see, you can apply for a personal loan through a bank, online lender, credit union, and so on. Lenders typically check your credit report to see the credit score while reviewing your loan application. A higher credit score normally makes you qualify for more favorable interest rates and loan terms for the loans you apply for. Lenders also consider the debt-to-income ratio.

Does this mean that if you have a bad score, all is lost? Certainly not. You can work on rebuilding your credit score by paying all pending bills and loan payments and by engaging experts like Boostcredit101 to help you to repair your score.

Interest rates and other charges

The total that you pay over the life of a loan is determined by the interest rates and fees, and they differ a lot from one lender to another. You should consider the following with regards to the costs of the loan:

Interest rates – This is the direct cost of the loan. Rates usually range between 5% and 36% depending on the lender as well as your credit score. Normally, the higher (better) the score, the lower the rate. Also, the more the months in your loan term, the more interest you are likely to pay.

Origination fee – This is the fee charged for processing the loan that is charged by some lenders. It is typically in the range of 1% to 6% of the loan amount.

Prepayment penalty – This is the fee charged if you settle your loan in a shorter duration than the agreed timeframe. The reason for the fee is that early repayment denies the lender some interest that they may have otherwise earned.

You should get the sum of all of the costs related with the loan before signing on the dotted lines rather than just considering the interest. The sum is what you will be expected to be pay.

Effect of personal loans on a credit score

Once you apply for a personal loan, the lender will pull your credit report for the course of the loan application processing. The pull is referred to as a hard inquiry, and it makes the credit score drop by just a few points.

Bottom line

Although a personal loan is a good option when in need of financing, you should consider some factors like the total amount you will pay by the end of the term loan and the structure of the loan so that you do not get overwhelmed. Other credit options one could consider include lines of credit that you only draw from if need be and you only pay interest for the amount taken out. Another option can be home equity loans that give huge amounts at lower rates while using your house as the collateral.

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Not so long ago, in the waters of South Florida suspended flights of two vessels. As a result, it turned out that in addition to a number of violations, the operator does not have the necessary evidence of the serviceability of the boat. The crew of the pontoon and pleasure boat was carrying passengers without seamen diplomas. Yes, and other evidence that allows them to carry residents and tourists. Owners and operators of violators must pay more than 40 thousand dollars a fine.

In recent months, the coast guard has stopped several “problem” boats. And on each of them there were at least ten unsuspecting passengers. Representatives of the security call on everyone who is going to ride on the ocean, to make sure that the vessel is in good order, and that they are managed by certified specialists. First of all, your captain must have a license, and the boat must pass all necessary checks.

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Truancy; drawing graffiti in an unauthorized place; the issuance of checks not supported by real money; smoking until the age when the state is allowed to use tobacco products; sexting is an incomplete list of irregularities due to which a driving license may be suspended in Florida.

One of the reasons is also non-payment of a fine for violation of traffic rules, and sometimes these are quite large sums: the cost of a red light will cost state drivers $ 166, and speeding will cost $ 300.

That is, if a $ 200 fine is not paid over time, the driver receives a suspension of a driver’s license, and the penalty rises to $ 500 if he is detained for driving with a suspended license. If you try to pay it in installments, skipping at least one payment will again lead to the suspension of the driver’s license, and for their restoration you will have to pay $ 65.

If the driver gets behind the wheel after the license is suspended, and it will be detected, he will face another penalty. Three cases of detentions for driving with a suspended license are considered a criminal offense and are punished with a prison term.

Currently, more than 700 people are serving prison sentences in Florida prisons for driving with a suspended license.

The practice of suspending a license for minor non-driving violations has increased over the years. In 2013, the state suspended 1.3 million licenses, in 2017 there were about 1.7 million.

Although the suspension of driving licenses, in addition to fines and other penalties, should have prompted people to solve their problems with the law as quickly as possible, this had the opposite effect, since for many people work is related to driving, and suspension of a license makes it impossible for them to work, and therefore pay a fine. for which she was suspended. If you use a car with a suspended license, the penalty may increase for driving without a license. Therefore, there comes a kind of vicious circle.

Some state legislators have tried several times to repeal these rules, but for some reason the Florida Parliament refuses to consider such proposals.

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Andrew B. Spark, 54, faces charges of soliciting for prostitution, exposure of sexual organs and introduction or possession of contraband in a county detention facility. Investigators say he brought an iPad into the jail without providing advanced notice Sunday afternoon. The iPad was used to record the sex act, according to the arrest reports.

According to its website, Spark was admitted to the Florida Bar in October of 1991. He is a private lawyer at his own firm, SparkLaw. Court records show he was previously an assistant attorney general in Florida.

Source:
http://www.tampabay.com/news/publicsafety/crime/Tampa-lawyer-accused-of-soliciting-sex-from-inmate-at-Pinellas-jail_163713261
http://www.pcsoweb.com/InmateBooking/SubjectResults.aspx?id=1742977

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Recently, Sen. David Simmons, R-Altamonte Springs has made it a point to present a bill in which would offer and secure a heavier penalty for those believed to be, or whom are accused of driving under the influence (DUI) and refuse breathalyzer tests—which is surprisingly within the rights of any American citizen to do at any time. Said proposed bill is known as SB 1244, and effectively would create much heavier fines and penalties for anyone whom refuses a breathalyzer test when suspected by law enforcement officials for driving under the influence.

To date, the most atypical scenario that plays out in a scenario is one in which a citizen can refuse a breathalyzer test upon suspicion of drunk-driving, however, and only face the default penalty of up to a year’s suspension of said individuals driver’s license. Given the current penalty(s) for such, this leads prosecutors, law enforcers, and other government researchers to believe that the current laws pertaining to DUI breathalyzer refusals are “too lax”, in turn promoting if not otherwise stimulating any sort of recidivism of drunk-drivers. In essence, the implementation of such a bill would ideally serve as a stronger deterrent for those considering or driving while under the influence—DUI. Although other evidence is taken into consideration in such instances, such as police dash-cam video and testimony, the stronger the case and resources a law enforcement official has at his or her disposal, the more likely prosecution might be successful for such offenders.

Under the new proposed Florida Bill, SB 1244, offenders whom refuse breathalyzers upon being suspected of DUI, will face up to $1,000 in fines for the first offense and 6 months’ probation, while second time offenders may face up to a year in prison as well as additional heavier fines and penalties—such as 4 points on ones drivers record. Additionally, the installation of a breathalyzer device inside ones vehicle would also be required (at the owners expense) for second time offenders or otherwise DUI breathalyzer refusals.

Although in instances involving severe injuries or fatalities (alcohol) blood tests can be mandatory and forced (or coaxed) onto a suspect, great grey areas exist regarding such circumstances and make it difficult for prosecution to hold and pursue a strong case in such instances as the argument of a violation of rights will often be made when such circumstances are prevalent.

Given the current statistics pertaining to the seemingly increasing rates of drunk drivers in the state of Florida, one might argue that the application of such a Bill will be successful, and serve as a credible measure of promoting recidivism of drunk drivers and accidents to fatalities stemming from such to begin to take effect.

If you located in Tampa Bay and have DUI related questions please contact John P. Rutkowski criminal defense attorney to schedule a free consultation at 727-213-9078

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Florida is known for some pretty hard DUI laws and penalties.  They have a Blood Alcohol Level aka BAL of .08%, as well as any chemical or controlled substance.

Should you get your first bust and conviction, get ready to fork over some money and worse.  You can get fined from $500 on up to $1,000 and if you BAL is .15% or even higher and are unfortunate enough to have a minor in the vehicle your fine will be $1,000 to $2,000.  You may have to do community service as well which is a mandatory 50 hours or even an additional fine of $10 per community service hour.  You may get probation of no more than one year, jail time of about 6 months for less than .15% BAL but higher means you’ll be looking at around 9 months.  Your vehicle might get impounded as well for 10 days which does not include your incarceration time.  Finally you might get your license revoked for up to a year.

Your second conviction is even worse.  You’re looking at fines of $1,000 to $2,000 for a BAL of .15% or higher and if you have a kid in the car you’re looking at $2,000 to $4,000 in fines.  Jail time that can reach 9 months and 12 months if you have a BAL of .15% or higher with a kid in the car.  If it’s your second conviction within five years you’re looking at a mandatory jail stretch of ten days.  Your vehicle can be impounded for 30 days under the same guidelines and your license can be revoked for 5 years.

Your third conviction is the nightmare.  Fines starting at $2,000 to $5,000 and if you have a kid in the car, get ready to pay a minimum of $4,000.  Mandatory 30 days in the slammer if it’s your 3rd conviction in 10 years.  Vehicle impound for 90 days and possible license revoked for a minimum of ten years if your conviction occurs within ten years of your second conviction.

Your fourth time around is unspeakable.  Just get an attorney now and make sure you understand DUI laws in Florida before it’s too late.

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The state Department of Children and Families says a missing persons report was filed with Cape Coral police Tuesday night after McCready took her son Zander from her father’s home.

McCready doesn’t have custody of her son — her mother does — and the singer was allowed to visit the boy at her father’s home, according to a department spokesman. On Tuesday, DCF discovered that McCready and the boy were not at her father’s home.

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