Crimes committed by children are very common. Any child who has not yet reached his or her 18th birthday is considered a minor or underage. In some cases a child may be prosecuted as an adult. If this is the case, you will be told. Even crimes committed by juveniles need to be taken seriously. Almost any crime that can be committed by an adult may also be committed by someone who is underage. The first thing to do is to seek help from an experienced attorney. Some crimes are more serious than others and of course, the more serious the crime, the more severe the punishment. A lawyer will be able to discuss the… Read More
Being arrested can be a terrifying experience for anyone. When you’ve been arrested it is important to keep a few things in mind. First and foremost, you should speak to an attorney. It is best to choose a lawyer with experience in the area of law necessary. For example, if you have been arrested for DUI, locate an attorney with a specialization in DUI. In many cases, there may be several or more charges against you. This can be properly sorted out by a qualified attorney. Sometimes there may be some charges against you that will be dropped, leaving only one or two of the most severe charges left.
In Florida, as in other states, driving under the influence is a charge that is taken very seriously. The penalties for DUI conviction in Florida are severe and often include automatic license suspension, fines, and jail time. Many people wonder what they should do if they are stopped for DUI in Florida.
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If you are stopped… Read More
The Fourth Amendment constitutionally limits what law enforcement may do and the actions a police officer may take when attempting to gather evidence to use against you in a criminal proceeding. This is the amendment that addresses issues of search and seizure. The United States Constitution prohibits law enforcement from forcing their way into your home or onto your property to look for evidence, or to take anything they find suspicious, unless certain conditions are met.
One pivotal aspect of the Fourth Amendment is that it does not apply to most public places. The law says that if you’re in… Read More
To blow or not to blow when you’re stopped on suspicion of driving under the influence is a question I am asked with some frequency. It’s not an easy one to answer. DUI arrests are two-pronged. They involve criminal charges as well as administrative challenges in the form of the DHSMV hearing you’re permitted to schedule within 10 days of your arrest to address the issue of retaining or losing your driver’s license. Taking or refusing a breath test affects both factors.
Unfortunately, Florida law does not allow you to request or consult with an attorney before you decide whether or not to take a breath test. The law makes a distinction between something you’re entitled to (a right) and something you elect to do (an option), and taking a breath test is an option. As long ago as 1986, in the case of State v. Hoch, 500 So.2d 597 (Fla. 3d DCA 1986), the Third District Court of Appeals ruled that a citizen’s Sixth Amendment right to an attorney doesn’t apply to breath tests, because your life, liberty and freedom don’t hang in the balance. Nor do Fifth Amendment rights apply,… Read More