Sometimes suspected criminals are surprised when a judge does not allow them to be released on bail. The exchange recorded in this news article describes it quite well. The suspect complains that they did nothing wrong and the judge replies that the system is for people specifically like him.
If you are arrested, you may or may not be able to be released on bail. It depends on the severity of the crime and the opinion of the court whether or not you’ll show up again if they let you go. The idea behind paying bail or bond (the terms are very similar) is to ensure appearance in the court through a financial penalty. If you don’t show up, whoever paid bail will forfeit the money or property to the court.
You could be released “on your own recognizance”, which means that the court trusts you to keep your promise to return to your trial. This happens most often with very minor crimes and ordinance violations. However, if you must pay bail there are generally three ways. One is to pay the court in cash. The second is to offer a property title of some kind to the court as surety. The last is to have a third party pay on your behalf with a surety bond.
However, if you are not able to get out on bail, it can severely hamper your ability to get your affairs in order before your case continues. The sooner you can get a lawyer on your side, the better your chances of getting your case dropped or your sentence reduced. They can even negotiate with the court about bail options if they can get on your side soon enough. If you have been arrested, call the law offices of Katz & Phillips as soon as possible. We can help.
My License Was Suspended – Can I Get It Back?
There are many reasons why your driver’s license may have been suspended. Whether you can regain your driving privileges depends on many factors. Each individual case is different, so it’s important to speak to an attorney to learn specifically what you can do to get it back. In Florida, one of the most common reasons for license suspension is DUI, driving under the influence. Except in extreme cases or in repeat DUI cases, your driver’s license will only be suspended, not revoked.
Suspension of License
A license suspension most offer occur for a period of 3 months, 6 months, and 1 year. If you have been found guilty of your first DUI, you will likely have your license suspended for a short period of time. It is important that your attorney present the reasons why you should keep your license the judge. Even though you may have a need to keep your license, it may be suspended. If it is, you may be able to file for a restricted license. A restricted license allows you to drive only under certain circumstances that are outlined in the order. For example, if you need your license to get to and from work, you may be granted a license that restricts you to driving only during specific hours and only to and from work.
Florida uses the point system. If you are guilty of a moving violation you will be charged a number of points. The number of points that you receive depends on the infraction. More serious violations are charged a larger number of points. If you accumulate a number of points in 6 months, 1 year, or 18 months, the penalty may be a suspension of your driving privileges. If you have lost your license due to points, it’s likely that your insurance rates will go up and in some
What is a Bench Warrant?
An arrest warrant is a legal document that requires someone to be arrested. There are many reasons why an arrest warrant may be issued. They are routine in cases where a defendant fails to show up in court. If this occurs, the judge will issue an arrest warrant. A bench warrant is not exactly the same as an arrest warrant. A bench warrant specifically addresses a failure to appear at a scheduled court hearing or failing to pay a traffic ticket. A bench warrant allows police to make an arrest, should the person be located. This can happen in the course of a standard traffic stop.
What Happens If I Have an Outstanding Bench Warrant?
When the judge issues an arrest warrant, you may not know that it has been issued. However, if you are stopped for a routine traffic infraction, the police will find it when they run a check on your driver’s license. If there is an outstanding warrant, the police will take you into custody on the warrant. As with any type of arrest, you are entitled to rights – the police officer must read you your Miranda Rights. These include the right to remain silent and the right to an attorney. You are also informed that anything you say can be used in court. The police officer must also show you the arrest warrant upon your arrest.
What is the Difference between an Arrest Warrant and Bench Warrant?
An arrest warrant is issued for someone who is charged with a criminal offense while a bench warrant is typically for an act of contempt of court. Simply put, a bench warrant is usually for neglecting to show up for a scheduled court appearance. This is a crime against the court. Bench warrants can also be issued in civil cases. The end result of both types of warrants is the same. A warrant
What is Boating Under the Influence?
Boating under the influence (BUI) is very similar to driving under the influence (DUI). Boating while intoxicated is illegal in Florida, as in other states, and is treated just like drunk driving in a car. A boat is considered any type of motorized water vessel and can include fishing boats as well as pleasure craft. A police officer or wildlife officer is able to stop boaters who are operating a boat erratically or unsafely. A boat operator may be stopped on suspicion of BUI. Boat operation is not tied to your Florida driver’s license. However, if requested to do so, you must submit to taking a blood, breath, or urine test to determine BAC, blood alcohol concentration.
In Florida, as in many states, drivers are consenting to take BAC tests when they receive their driver’s license. This law applies to cars and other motor vehicles. Operating a water vessel must be done legally. By operating a vessel you are agreeing to submit to this request. Failure to submit may result in additional charges and penalties. The legal limit in Florida for both DUI and BUI is a BAC of 0.08% for those over the age of 21. If you are under the age of 21 (legal drinking age) the BAC level is 0.02%.
The potential penalties for BUI are quite severe, even for first time offenders. A first time conviction can result in punishment with a fine of up to $1,000 and a jail sentence of up to 6 months. Additionally, there may be other penalties such as substance abuse treatment or rehabilitation, probation, and community service. Also, the boat that was operated may be impounded for 10 days. Subsequent convictions after an initial BUI will incur more severe penalties. A third or fourth BUI within 10 years of the first conviction is considered a felony. You must submit to
As of July 1 a set of 150 new laws went into effect in Florida, many of them minor administrative changes that won’t affect most people. But tucked among those changes is a crucial overhaul to the DUI license suspension process – one that may end up being a win for both the state and drivers accused of drunk driving.
The new change allows a first-time DUI defendant to immediately qualify for a driving permit. As a matter of course, a driver’s license is always taken away as soon as someone is booked for drunk driving; it’s suspended on the spot. Being unable to drive can complicate your life immensely – from missing work, to doing basic errands, to making your court date to fight the charges.
Under the old rules, there was a “hard” suspension, a period where no driving was allowed at all, even for first-time offenders. (Remember that this goes into effect 10 days after arrest, so it happens even if you’re later acquitted.) The length of that period was 30 days if your blood alcohol content (BAC) was shown to be over the limit with a breath, blood, or urine test; or a whopping 90 days if you refused to take such a test.
Obviously, getting a temporary driving permit immediately is much better.
The change wasn’t made just out of kindness to allegedly drunk drivers, however: It benefits the state, too. Although every DUI arrest results in a suspended driver’s license, most defendants go on to challenge those suspensions – meaning a huge number of review hearings. The state wants to cut down on those hearings, so it only offers the immediate hardship license if you ante up: you have to waive your right to contest the suspended driver’s license.
That may sound like a big concession, but to many first-time DUI arrestees it may be a good choice to make. The suspended license is