A woman in Florida has admitted to taking selfies as she had sex with her dog, according to police. Eighteen-year-old Ashley Miller was charged with two counts of sexual activities involving animals after Bradenton investigators found the graphic photos on her cell phone. 2-face, her Pitbull, was coerced into licking Miller in a manner similar to that of oral sex, between 30 and 40 times over the ...
When a person leaves the scene of an accident in which someone dies without providing their name, address, vehicle registration, and provide reasonable assistance for necessary medical treatment (Fla. Stat. § 316.062), that person is in danger of being convicted of a 1° Felony that is punishable by a prison sentence of up to 30 years . That’s even if he or she didn’t cause the accident, and wasn’t ...
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 breath test equipment on a person, must reasonable ensure that nothing is taken by mouth or no ...
Boating Under the Influence, also known as BUI, is a criminal offense in the State of Florida governed under Florida Statute 327.35 . Under the law, a person is guilty of the offense of boating under the influence if the person is operating a vessel within this state and that person is under the influence of drugs or alcoholic beverages when affected to the extent that the person's normal ...
This year, it is an unfortunate fact that hundreds of people will be arrested at Gasparilla. What should be a fun event often times ends up out of hand for certain parade goers, resulting in arrests for DUI, BUI, Disorderly Conduct, Criminal Mischief, Possession of Marijuana or other drugs/paraphernalia, or underage drinking /possession of alcohol by a minor. These charges, while typically only ...
Floridians – especially those living in Tampa Bay – love boating. It is not uncommon to see dozens of boats out on the water together, even in January. Many of those out boating enjoy alcoholic beverages while on the water. Unfortunately, even drinking one or two beers can lead to an arrest for BUI. This year, dozens of people will be arrested for BUI in Tampa Bay. Many of those arrests, ...
The U.S. Supreme Court has decided against a Los Angeles law that required hotel operators to make guest registries available to police and authorities. The law was deemed as a violation of the Fourth Amendment’s ban on unreasonable searches and seizures. Justice Sonia Sotomayor, joined by Justices Anthony M. Kennedy, Ruth Bader Ginsburg, Stephen G. Breyer and Elena Kagan, wrote the majority ...
In response to the tragic shooting at Parkland’s Marjorie Douglas High School in 2018, Florida enacted Fla. Stat. §790.401. This statute also referred to as a “Red Flag” law allows a judge to order the removal of guns from a person deemed to be a threat to himself or others. How it works. A law enforcement agency or a law enforcement officer starts the process by filing a Petition for a Risk ...
Have you been served with an Injunction to keep you away from a person, a family member or even your children? Does this Injunction make you feel like your guilty? Now you haven’t even seen a judge, and the officer who served you with this Injunction is telling you if you violate any of the terms you can be arrested and held without bond until you do see a judge. This is the position that ...
When a person under the age of 18 is arrested for an offense as a juvenile, records of the Department of Juvenile Justice, Court files, and other records of public agencies are considered confidential under Fla. Stat. § 985.04. However, if the minor is charged or convicted of a felony whether prosecuted in adult or juvenile court, the following information is not confidential: The name of the ...
Have you been served with an Injunction to keep you away from a person, a family member or even your children? Does this Injunction make you feel like your guilty? Now you haven’t even seen a judge, and the officer who served you with this Injunction is telling you if you violate any of the terms you can be arrested and held without bond until you do see a judge. This is the position that ...
In Florida, domestic violence battery is a misdemeanor criminal offense punishable by up to one (1) year in jail and a fine of up to $1000. There are also several other felony crimes of domestic violence, including domestic violence battery by strangulation. What many people do not realize is that a conviction for any crime of domestic violence prohibits that individual from owning a firearm FOR ...
If you have been charged with domestic violence battery in Florida, your whole world can be turned upside down very quickly. First, unlike many other misdemeanor offenses, there is never a bond issued at the time of arrest. This is to protect victims. You must first go before a Judge after your arrest for a hearing on whether or not a bond will be issued. At that hearing, if you are issued a bond, ...
Fla. Stat. §322.12 provides that it is unlawful to possess, display, sell, manufacture, or forge, a fictitious, stolen or unlawfully altered or unlawfully acquired driver’s license. There are many ways in which this statute can be violated, and with the exception of one circumstance all violations of this statute is a 3° Felony, punishable by up to 5 years in Florida State Prison. The only ...
When a police officer issues you the ticket for Driving on a Suspended or Revoked Driver’s License (DWLSR) with a Speeding Ticket, and tells you the Judge will likely only just impose a fine since you didn’t know your license is suspended; it is rarely that simple. Florida Statute §322.34 outlines the many penalties and scenarios at play when a person receives a ticket for DWLSR. The first fact to ...
Recent changes in the administration, control, and prescribing requirements of opioid pain medications have produced adverse effects for those who become dependent on using pharmaceutical drugs such as Oxycontin, Oxycodone, and Roxicet. Although the FDA warns the public about general safety issues with the entire class of opioid pain medicines, an overlooked area of risk exists for habitual opioid ...
On March 17, 2016 the City Council of Tampa joined the growing state and national trend to decriminalize possession of less than 20 grams of cannabis in limited circumstances. This was done by voting to enact City Code § 14-62 , which created a civil penalty for possession of less than 20 grams of cannabis. This code allows for City of Tampa Police Officers to issue citations and fines to people ...
Did you know that in Florida, if there is an accident, and the DUI suspect is taken to a hospital due to injury, a criminal investigation can be ongoing even if the suspected DUI driver is not arrested? Did you also know that under the appropriate circumstances an officer can start the process to secure a blood test result without making an arrest, and even when the suspected DUI driver is ...
If you have been, or it looks like you will be convicted of DUI in Florida, your license will be suspended. Even if the Judge does not suspend your driver’s license for a DUI Conviction, the Department of Highway Safety & Motor Vehicles will administratively suspend your privilege to drive for the maximum period allowed by law. It is your advantage for the Judge to impose the shortest suspension ...
Fla Stat. § 316.193 makes it a DUI to be in “Actual Physical Control” of a motor vehicle while your normal faculties are impaired, or you have a B.A.C. of .08 or above. This DUI provision equates being in "Actual Physical Control" as the same charge as speeding, running a red light, or even hitting another vehicle while DUI. Just what is Actual Physical Control? If you are charged with Actual ...
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. Based upon this fact, Florida has enacted laws to protect the retires and the elderly population from harms that are specific to their age and financial status. Exploitation of the Elderly is one such law ...
Fla. Stat. §322.12 provides that it is unlawful to possess, display, sell, manufacture, or forge, a fictitious, stolen or unlawfully altered or unlawfully acquired driver’s license. There are many ways in which this statute can be violated, and with the exception of one circumstance all violations of this statute is a 3° Felony, punishable by up to 5 years in Florida State Prison. The only ...
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 at least 6 months. Fla. Stat. § 316.193(2)(c). Mandatory for a First DUI Conviction ...
Leaving the Scene of an Accident - often referred to as “Hit & Run” - can be as minor as filling out an accident report (Fla. Stat. 316.062), or as serious as a 1° Felony punishable up to 30 years in Florida State Prison (Fla. Stat. §316.027(2)(c). How can there be such different treatment? In Florida, when you are involved in and auto accident that either involves property damage or injury ...
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 referred to as ROR, or Release on ...
When a person under the age of 18 is arrested for an offense as a juvenile, records of the Department of Juvenile Justice, Court files, and other records of public agencies are considered confidential under Fla. Stat. § 985.04. However, if the minor is charged or convicted of a felony whether prosecuted in adult or juvenile court, the following information is not confidential: The name of the ...
At Taracks & Associates, we are proud to provide exceptional legal counsel to Tampa residents in cases that range from criminal defense to personal injury to family law . When you work with our legal team, you can be confident knowing that you have the strength of 50+ years’ combined experience in your corner and that you are working with former prosecutors who understand both sides of the ...
The case against a Lyft driver in Tampa was dropped this month when prosecutors failed to produce evidence of a crime, new sources report. According to local reports, a Lyft driver was charged for failing to abide by county laws that apply to ridesharing companies like Uber and Lyft. These companies allow drivers to use their own vehicles for transportation services, competing with local taxi and ...
On March 17, 2016 the City Council of Tampa joined the growing state and national trend to decriminalize possession of less than 20 grams of cannabis in limited circumstances. This was done by voting to enact City Code § 14-62 , which created a civil penalty for possession of less than 20 grams of cannabis. This code allows for City of Tampa Police Officers to issue citations and fines to people ...
As you may already be aware, the carries harsh penalties if you are caught with illegal substances in your possession, with or without an intent to sell or deliver them. This is not a position anyone would want to be in, however there are many facets to these related laws that you may not be aware of. For example, Florida State Statute 893.13 (3) (c), there are specific outlines for possessing ...
Were you caught growing marijuana by law enforcement officers? A person who violates this commits a felony offense of the third degree, punishable by up to five (5) years in prison. If the person cultivating marijuana is growing marijuana for purposes of trafficking, the offense can be upgraded to a second degree felony punishable by up to fifteen (15) years in prison. It is presumed that the ...
We’ve all seen on TV, whether its COPS, NCIS or some police drama show, that once someone is arrested they are “Read their Rights”. You know “You have the right to remain silent, anything that you say can and will be used against you. You have the right to have an attorney present during any questioning, and if you cannot afford an attorney, then one will be appointed to represent you. Having ...
Murder & Manslaughter "Thou shall not kill" is one of the ten commandments and is one of very few universally accepted laws. Murder and manslaughter are unfortunately crimes we hear about every day in the media. Commonly, in today's world, simple altercations turn deadly. When you or a loved one is accused of one – if not the – most serious crimes in Florida, you need an experienced advocate in ...
Murder is considered by many - if not most - people to be the most egregious crime one can commit. Unfortunately, in the society we live in today, far-too-often we see this term in front page headlines. When you or a loved one is facing murder or attempted murder charges, everything is on the line. The defendant’s reputation is smeared because his or her name is undoubtedly all over local news ...
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 are employed to serve the geographic boundary of the department in which they work. Unless one of the following circumstances exist, and ...
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 be helpful, they are only one stakeholder in the court system, and therefore, the ...
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 officer just pulled someone over with just a “hunch” that the driver was impaired, then the U.S. ...
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, the judge who issued the warrant must reasonably believe that ...
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, the judge who issued the warrant must reasonably believe that ...
What is Statutory Rape in Florida? Laws that prohibit sexual activity with a minor, even when the minor is a willing participant are referred to as “Statutory Rape” laws. These provisions make it illegal to have certain types of sexual activity with minor’s a crime even if the underage person was a willing participant, even an initiator to the activity. Florida 16 to 24 Law Florida has crafted ...
Florida State Statute 943.0435 list 19 offenses which require a person to register as a Sex Offender. The most common are sex with a minor – Florida State Statute 794.05 , possession or transmission of child pornography – Florida State Statute 847.0137 and sexting with a minor – Florida State Statute 847.0138 . If you have been convicted of one of these crimes, no matter the sentence you MUST ...
A woman in Florida has admitted to taking selfies as she had sex with her dog, according to police. Eighteen-year-old Ashley Miller was charged with two counts of sexual activities involving animals after Bradenton investigators found the graphic photos on her cell phone. 2-face, her Pitbull, was coerced into licking Miller in a manner similar to that of oral sex, between 30 and 40 times over the ...
When a police officer issues you the ticket for Driving on a Suspended or Revoked Driver’s License (DWLSR) with a Speeding Ticket, and tells you the Judge will likely only just impose a fine since you didn’t know your license is suspended; it is rarely that simple. Florida Statute §322.34 outlines the many penalties and scenarios at play when a person receives a ticket for DWLSR. The first fact to ...
When a person enters a plea to a criminal offense, and is placed on supervision (whether straight probation, drug offender probation, or house arrest), they often think that their risk of facing jail time for the offense has gone away. That is only partially true, and can have drastic consequences. When the Court places a person on supervision, they are making a finding that at that time, the case ...
With the popularity of the Fast and Furious movie franchise, street racing has been glamorized by Hollywood film producers. Even the spectacular rollover crashes appear harmless. The same cannot be said for the real implications of accidents that result in injuries as a result of 2 or more cars racing on the streets of Tampa, and throughout Florida. The Florida Legislature has enacted a series of ...
Yes, but that question only applies when someone has lost their Violation of Probation Hearing in front of a Judge, and most likely is serving a county jail, or worse a prison sentence in Florida State Prison. Here’s how the experienced Tampa Probation Violation Attorneys at Taracks & Associates can help. If you or a loved one has just lost a Probation Violation Hearing, time is of the essence. ...
Violating your probation is different that most crimes committed. It is important to understand that when a violation of probation is an issue, it is treated differently by the justice system. For example, there is no statute of limitations, no right to post bond while you wait for another hearing, and no right to a jury trial for the hearing regarding the violation. More severe than the ...
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 be helpful, they are only one stakeholder in the court system, and therefore, the ...
