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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Faced with a problem that cannot be solved without qualified legal assistance? Then it’s time to choose an attorney. But how, in fact, to find and choose the right specialist, and what to look for in the first place? Let’s talk about it below!

If you have to solve a problem for the first time in your life with the help of a lawyer, then a number of questions probably arise in your head at once: which lawyer you need, how to choose one, what to pay attention to, how much to pay, what services should he provide? Of course, this is not the whole list of questions, but let’s look at these basic points that you must know before finding an attorney.

1. Don’t believe blatant promises

Did you meet the lawyer`s announcement in the style of “I’ll take on any case, with 100% guarantee of a positive result, or we’ll refund you money”? Close this ad and look no further.

A lawyer cannot handle cases in all areas of law. No, of course, there are professionals who specialize in several areas at once. For example, often a family lawyer can also be well versed in civil, criminal law, and others. But there are no universal specialists who know and can protect clients in absolutely all areas of USA legislation.

2. The main thing is the reputation

Have you already figured out which professional you need: a criminal lawyer, a family lawyer, a financial lawyer, or something? Now, you can move specifically to choosing who will represent your interests.

Firstly, ask about the reputation of the potential lawyer. What education does he have, how many cases did he win, how many years of experience behind him, did he win cases like yours? It also doesn’t hurt to look for reviews on the Internet, maybe even in the media or on TV. In this way, you will have a “file” on the experience of the chosen lawyer and make sure that his reputation was not tarnished.

3. Services and contract

The last stage of the inspection is the start of work. A professional lawyer will be sure to consult before starting work, develop a strategy that will help win the case. After that, of course, you can determine the list of legal services that will be provided to you during the case. This list must be agreed and recorded in the contract for the provision of legal and advisory services, which will be drawn up by your lawyer.

As you can see, the phrase like “DUI lawyer” in the search engine is not enough. You need to choose an attorney consciously, and before choosing to conduct some analysis. After all, often a lawyer can literally save you from problems or litigation. Therefore, it is important to make the right choice and remember that, although there are a huge number of offers today – there are not many real professionals, and the search should be treated responsibly.

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In Florida, a driver’s license can be suspended not only for violation of traffic rules but also for many other minor violations of the law.

Absenteeism; drawing graffiti in an unauthorized place; issuance of checks not supported by real money; smoking before the age when the state is allowed to use tobacco products; sexting is an incomplete list of violations due to which a driver’s license can be suspended in Florida.

One of the reasons is also the failure to pay a fine for violation of traffic rules, and sometimes these are quite large amounts: traveling to the red light will cost the state drivers $ 166, and speeding $ 300.

That is, if you do not pay a fine of $ 200 overtime, the driver receives a suspension of the driver’s license, and the fine increases to $ 500 if he was detained for driving with a suspended license. If you try to pay it by installments, then 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 suspension of the license, and this is discovered, he faces another fine. Three cases of detention for driving with a suspended license are considered a criminal offense and are punishable by a prison term.

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

The use of the practice of suspension of a license for minor violations that are not related to driving is only increasing over the years. In 2013, the state suspended 1.3 million licenses, in 2017 there were about 1.7 million.

Although the suspension of driver’s licenses, in addition to fines and other penalties, was supposed to prompt people to solve their problems with the law as quickly as possible, this had the opposite effect, since for many people work related to driving, and suspension of the license deprives them of the opportunity to work, and therefore pay a fine, for which she was suspended. If you use the car with a suspended license, then the fine may increase for driving without a license. Therefore, a kind of vicious circle comes out.

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

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The post You Can Lose Your Driver’s License For Non-Driving Violations appeared first on Tampa DUI Attorney Listing.

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.

Picture Credit: Pacholek-cz

The post Ways To Lose Your Driver’s License In Florida appeared first on Tampa DUI Attorney Listing.

Bucsnation writes that “The four Buccaneers they’ve listed are Alex Magee (cited for possessing marijuana), Aqib Talib (felony assault with a deadly weapon), Assistant to the Head Coach Jay Kaiser (DUI) and Director of Pro Scouting Shelton Quarles (DUI). Brian Weiss, former Luxury Suite Sales Manager, was also listed, though it’s not clear whether he was even employed by the Bucs at the time of his arrest.”

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William Charles Gula was given a notice to appear before a judge to face a DUI charge after a Mount Dora police officer stopped him Sunday night and he refused to take a sobriety test.

The officer later took him home without charging him.

Chief Assistant State Attorney Ric Ridgway said Gula has been suspended without pay until the case is reviewed.

Source: Orlando Sentinel

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Aundra S. Walker, 34, was charged with drunken driving and with driving with a suspended or revoked license. It was the third time Walker has been charged with driving without a license.

I am wondering how many more  times Mr. Walker will be driving without a license before something more serious happens?

Walker was driving a 1998 Chevrolet Blazer south on Dr. Martin Luther King Jr. Street when a bicyclist rode in front of him at 24th Avenue South at about 1:20 a.m., said St. Petersburg police spokesman Mike Puetz.

The bicyclist, identified as Lessie Hawkins, 58, also of St. Petersburg, suffered a broken tibia, a broken fibula, facial lacerations, a fractured rib, and some minor bleeding on the left side of his brain, Puetz said. He was taken to Bayfront Medical Center and was expected to survive his injuries.

Walker’s blood-alcohol percent was .235 in one reading, and .241 in another – or roughly three times the legal limit. A driver in Florida is presumed intoxicated if his blood-alcohol percentage is .08 or above.

That’s about 3 times (!!!) higher then it’s allowed.

Source: Tampa Bay Online

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On February 7, 2011 Pinellas County Sheriff’s detectives arrested Brian Jandernal, 30 of Clearwater for DUI in connection a deputy involved crash that occured at about 10:10 PM on February 6.

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