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Ft. Lauderdale DUI Lawyers

  • Prize, Roy: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
  • Mitchell Fox: Because of changes in the law, it is better if you do not refuse a breathalyzer test. Refusal carries an automatic one-year suspension of your license and can be taken as evidence of guilt at trial. In any DUI case, contacting an attorney as soon as possible can go a long way towards helping you avoid conviction or the most severe consequences. There are several reasons for this. First, you have only ten days to file for a hearing to avoid an automatic license suspension. Second, any blood samples, breathalyzer results, and testing equipment used need to be evaluated and analyzedÑand the earlier this is done the better. Lastly, if this is your first experience with the criminal justice system, keep in mind that whatever police or prosecutors say "is in your best interest" may not be. Having an attorney can prevent them from taking advantage of you.
  • Schaet & Hoffman:

    CATEGORIES OF CRIMES

    Florida acknowledges two distinct categories of crimes, misdemeanors and felonies. There are two types of misdemeanors and three types of felonies.

    *MISDEMEANOR

    FIRST DEGREE misdemeanor is punishable by a maximum of 356 days of incarceration and a maximum of one year of probation. The minimum is 0 days of incarceration and 0 days of probation. The most common crimes that are in this category are: assault, battery, driving under the influence and marijuana possession.

    SECOND DEGREE misdemeanor is punishable by a maximum of 90 days of incarceration and a minimum of 0 days of incarceration.

    *FELONY

    FIRST DEGREE felony is the most serious charge in State Court. The maximum that an individual can be incarcerated is life imprisonment. The minimum days of incarceration depends on the charge. For example, drug trafficking is a first degree felony and carries a minimum of three years of imprisonment. The most common crimes that are in this category are: drug trafficking, murder, sexual battery and kidnapping.

    SECOND DEGREE felony is punishable by a maximum of 15 years of imprisonment. The minimum is 0 days of incarceration. The most common charge that are in this category are: aggravated battery, aggravated assault, possession of a controlled substance with intent to distribute and lewd and lascivious behavior.

    THIRD DEGREE is the most common felony. The maximum length of incarceration is five years, while, the minimum is 0 days in custody. The most common crimes that are in this category are possession of cocaine, felony driving with a suspended license, felony possession of marijuana and felony driving under the influence.

  • Chris Fisher: The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. (By contrast, in non-criminal cases, such as an accident or breach of contract, a plaintiff has to prove her case only by a preponderance of the evidence -- just over 50%.) As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt-that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.
  • Benjamin & Aaronson: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
  • Justin Weisberg: Appellate courts frequently state that "a defendant is entitled to a fair trial but not a perfect one" when invoking the "harmless error" doctrine to review trial court decisions. Essentially, the doctrine recognizes that some legal errors, however blatant they may be, are harmless. "Harmless errors" may not warrant a reversal of the trial court's verdict; the error must have possibly affected the outcome of trial before an appellate court will reverse a verdict based on that error.
  • Goodwin Law Offices: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.


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