Since Florida is a state that has a long history of people relocating here and retiring due to the weather and a lack of state income tax, we have a significant retired and elderly population. Unfortunately, with that comes an increased risk of financial exploitation—and serious legal consequences for those accused. If you’re facing such […]
If you’ve received a letter from the Department of Public Assistance Fraud notifying you that there is an investigation to resolve discrepancies in your reported income contained in your application for benefits with any of the following agencies:Department of Children & Families,Agency for Health Care Administration,Department of Health, Department of Education’s Office of Early Learning,U.S. […]
Whenever there is a Warrant or a Capias (Court Order to arrest someone), the first reaction is often panic and fear. Once that subsides people tend to want to find out what this is about, and try to resolve it themselves, often by calling either the local sheriff or the clerk’s office. While these offices […]
Can a Cop Give a Ticket Out of Jurisdiction?Can an officer stop or detain you when he is outside of his jurisdiction? In limited circumstances, yes, and if the office has done so illegally, all of the evidence that has been gathered as a result of the unlawful detention will be thrown out of court.Officers […]
If you hold a Commercial Driver’s License (CDL), you already know that you are not only subject to the State of Florida traffic laws, but also subject to Federal Code and Regulations. Because of this double set of statutes and regulations, if you receive a “minor” moving violation, certain dispositions that would have no […]
Everything! In order for a police officer to stop a vehicle that he suspects is being driven by an impaired driver, he must have a reasonable articulable suspicion to stop that driver. Fla. Stat. § 901.151(2), and Wren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed. 2d 89 )0996). If the […]
Fla. Stat. § 316.1937 provides that certain convicted DUI offenders shall be ordered to have an ignition interlock device installed on their car prior to making an application for a restricted license in the following circumstances: Discretionary for a First DUI Conviction with a BAC of .08 or above for a period of […]
For a Prosecutor to be able to admit a high breath test in a DUI prosecution, there are multiple hurdles that must be overcome. One of those is referred to as the “20 Minute Observation Period”. This is a portion of the Florida Administrative Code that mandates that the officer who is running the […]
When law enforcement officers execute a search warrant on your house, car or other location, this search warrant must be reviewed and signed by a Judge. This Fourth Amendment Protection protects against seizures of your property only if there is probable cause to believe that the location at issue is connected to a crime. Furthermore, […]
Yes, because if you don’t, you are likely to be re-arrested for violating the terms of your Pretrial Release. How can you avoid this pitfall? Consulting immediately with an experienced Hillsborough County Defense Attorney who will explain your release conditions and the Judge’s expectations of you. Whether you were released without posting a bond (commonly […]