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West Palm Beach DUI Lawyers

1. Pleasonton Law Firm: PROCEEDING OF A CRIMINAL TRIAL Capital, First and Second Degree Murder; Manslaughter; D.U.I. Manslaughter; Robbery; Burglary; Grand Theft; Kidnaping; Carjacking; Home Invasion; Drug Trafficking; Money Laundering; Human Trafficking; Organized Scheme to Defraud (White Collar Crime); Forfeiture; etc. All Criminal charges must be taken seriously. You only get one chance to defend yourself. Your liberty and freedom are at stake. A decision that you make now, will affect you the rest of your life. The State and Federal Government have experienced prosecutors representing them. You should have no less. TYPES OF CRIMES Misdemeanor - are those criminal offenses which are punishable by up to one year in jail. Assault Battery Criminal Mischief Disorderly Conduct Domestic Battery Fleeing & Eluding Loitering Petite Theft Prowling Resisting Officer Without Violence Soliciting Prostitution Trespass Violation of Restraining Order Felony - are criminal offenses which are punishable by one or more years in prison. Absentee Ballot Fraud Accessary After the Fact Aggravated Assault Aggravated Assault (Firearm) Aggravated Battery Animal Cruelty Arson Attempted (Burglary) Burglary Burglary (Dwelling) Burglary (Structure) Burglary (Conveyance) Child Abuse Child Pornography Conspiracy Corruption by Threat Counterfeiting Criminal Mischief Dealing in Stolen Property Drugs (Possession) Drugs (Possession with Intent to Distribute) Drugs (Sale) Drugs (Trafficking) DUI DUI (Felony) DUI (Manslaughter) Elderly Abuse Escape Evidence Tampering Exposure of Sexual Organs Failure to Register as Sex offender False Imprisonment Firearms (Possession of Firearm by Convicted Felon) Firearms (Possession of a Concealed) Fleeing and Eluding (Felony) Forgery Fraud Gambling Kidnaping Impersonating Police Officer Lewd and Lascivious Conduct Manslaughter (Involuntary) Manslaughter (Voluntary) Murder (1st Degree Premeditated/Capital) Murder (1st Degree) Murder (2nd Degree) Murder (3rd Degree) Organized Scheme to Defraud Resisting Officer Resisting Officer with Violence RICO Robbery Robbery with a Firearm Sexual Battery (Rape) Stalking Theft Theft (Grand) Throwing Deadly Missile Vehicular (Homicide) Vessel Homicide Worthless Checks ATTORNEY It is advisable to retain/hire an experienced criminal defense attorney as soon as you are arrested or learn that you are under investigation. A court appointed attorney or Public Defender is an attorney which is paid by the State or Government and appointed by the Court. Although initially free of charge you may later be held liable for the reasonable value of the Public Defender's services. ARREST An arrest occurs when Law Enforcement issues a Notice to Appear or takes an individual into custody. An arrest must be based upon "probable cause." Probable cause is a reasonable objective belief that the suspect has committed a crime. Probable Cause is viewed from the perspective of a police officer with specialized training and takes into account the factual and practical considerations of everyday life in which reasonable men act. BOOKING During the booking process a person who has been arrested will be fingerprinted, asked for basic biographical information, and have a photo or mug shot taken. One is not required and should not provide any information about the offense(s) for which they have been arrested. One has an absolute right to remain silent. PRE-TRIAL RELEASE (BAIL) Bail is initially set pursuant to a schedule established by the Chief Judge of the Circuit. Palm Beach County's Bail schedule: SEE ADMINISTRATIVE ORDER NO. 4.202-9/08* SCHEDULE OF BONDS AND PROCEDURES RELATING TO PRE-FIRST APPEARANCES RELEASE A person arrested for D.U.I. must remain in custody for 8 hours before being released on O.R. or bail. O.R. is Release on Own Recognizance. Supervised Release on Own Recognizance (S.O.R.) requires the accused to report to the court staff one time per week, either in person or by phone. Bail can be posted in cash. If a cash bond is posted the individual posting the bond will have the entire amount returned when the case is concluded provided the accused abides by the conditions of his bond and makes all required court appearances. Bail can also be posted through a Surety or Bondsman. The Surety or Bondsman actually post the bond through an insurance contract. The Surety or Bondsman requires a premium of 10% (State Court), or 15% (Federal Court) of the total bond as a fee. This fee is not returned and is the cost of the bond. An attorney can often suggest a Surety or Bondsman and can contact them on the accused's behalf. An accused is entitled to one Motion to Reduce Bond. This can be done at 1st Appearance or at another time. FIRST APPEARANCE If an accused is unable to post bail they will be brought before a Judge within 24 hours of their arrest. The Judge will determine if there was probable cause for the arrest and will normally consider some form of pre-trial release. Sometimes the Judge may combine S.O.R. reporting requirements with bail. FORMAL CHARGES If the case is in State Court, the State will normally file a charging document known as an "Information". If the case is in Federal Court the Assistant United States Attorney will take the case before the Grand Jury and seek an "Indictment". A Grand Jury is made up of at least 18 people. They will make a determination as to whether the Government's evidence gives rise to probable cause. If probable cause exists, the Grand Jury will issue the Indictment. A victim has no authority to drop the charges. Only the prosecution can drop the charges. However, a victim's opinion, request, or desires may influence the prosecutor's charging decision. It is usually not advisable to have the alleged victim speak with the prosecutor. Normally the defense attorney will speak with the alleged victim and prosecutor on the accused's behalf. MOTION TO SET OR REDUCE BOND After the First Appearance the next court appearance will be a Motion to Reduce Bond if necessary. In setting bail/bond, the Judge will consider the nature of the charges(seriousness), the strength of the evidence against the Accused, the Accused previous criminal record if any, and Accused's ties to the community. Bond is based upon ones dangerousness to the community and his willingness to appear at future court hearings. ARRAIGNMENT At the Arraignment the Judge will advise the Accused of the charges that have been brought against him, that he has a right to an attorney and if he can' t afford an attorney an attorney will be appointed depending upon the accused financial resources. The Court will then ask the Defendant whether he pleads guilty or not guilty. Normally a not guilty plea is entered. In State Court, an attorney can enter a Waiver of Arraignment, Plea of Not Guilty and Demand for Jury Trial on an Accused's behalf. This keeps the Accused from having to appear at the Arraignment. This option is not available in Federal Court. DISCOVERY The discovery process varies whether one is in State or Federal Court. In State Court the attorney can normally obtain „ police reports „ medical records „ probation reports „ photographs „ video/DVD „ diagrams „ reports of State experts „ audio recorded statements and transcripts „ view physical evidence „ take the deposition of State witnesses In Federal Court Discovery is much more restricted. The Defense can gain access to „ any exculpatory evidence in the possession of the Government „ certain law enforcement reports „ statements of the accused „ summaries of expert witness testimony „ criminal histories „ 404(b) evidence (evidence of prior crimes committed by the Accused) PRE-TRIAL MOTIONS Pre-trial Motions are important tools for the defense. They may cause the prosecution to drop the charges, change the prosecution's position, or seriously weaken the prosecutor's case. Pre-Trial Motions can include: „ Suppresion of Evidence (illegal searches, eye witness identifications, statements/confessions, etc.) „ Dismiss „ Speedy Trial „ Sever Counts or Defendants PLEA BARGAINS A plea bargain in State Court is an agreement between the Accused and the Prosecutor. It normally involves the Accused pleading guilty to specific counts(s) in the charging document or to reduced charges with the understanding that a specific sentence or punishment will be received. The Court must approve the Plea Agreement. If the Court does not approve the Plea Agreement the plea of guilty will not be accepted by the Court or if already entered, can be withdrawn. In federal Court the Accused will agree to plead guilty to specific count(s) in the Indictment. The Assistant United States Attorney will than move to dismiss the remaining counts. There is no agreement as to the sentence the Judge may impose. The accused will not be permitted to withdraw his plea just because he does not like the sentence imposed by the Court. There may also be agreed recomendations as to specific application of sections of the United States Sentencing Guidelines, such as offense level, acceptance of responsibility, role, etc. The negotiations involved in plea bargaining are handled by the attorney. The attorney's reputation and trial skill may have an effect on the plea offer. TRIAL Trials normally take place before a jury. In State Court most juries consist of 6 persons, except for Capital cases where the law requires a 12 person jury. In Federal Court juries consist of 12 people. If both the Prosecutor and the Accused agree the case may be tried without a jury. This means the Judge decides if the accused is Guilty or Not Guilty. If the trial is a jury trial, the trial starts by selecting a jury. This is known as Voir Dire. A jury is selected by asking various questions of the prospective jurors. The Defense Attorney will attempt to determine any biases a juror may have so that that person can be kept off the jury. The Defense Attorney accomplishes this by the use of Challenges for Cause and Peremptory Challenges. Challenges for Cause are those challenges where it can be shown the prospective juror is biased. A Peremptory Challenge can be used to strike a prospective juror from the jury if a Challenge for Cause can not be proven. Unfortunately, there are a limited number of Peremptory Challenges. After the jury has been selected, the Prosecution and Defense have the opportunity to make an Opening Statement. The Opening Statement is like a road map of the case. Each side gets to tell the jury what they think the evidence will prove. Since the Prosecution has the burden of proof they always get to go first. After the Prosecution has presented their case the Defense will normally move for a Judgment of Acquittal. This motion test the legal sufficiency of the evidence presented by the Prosecution. If the Motion for Judgment of Acquittal is not successful the defense then has the opportunity to present evidence. Since the Defendant has the right to remain silent, and that right always stays with the Defendant, the Defendant can not be made to testify. Whether the Defendant testifies in a criminal trial is a decision the Defendant must make with the advice of his attorney. Once both sides have presented their evidence both the Prosecution and the Defense will have the opportunity to argue their version of the evidence and what was proved or not proven during closing arguments. The Judge will then instruct the jury on the law that must be applied. The jury will then begin its deliberations in secret. When they have reached a decision they will announce the verdict in open court. SENTENCING If one is found guilty at trial it will be up to the Court to determine an appropriate punishment or sentence. The Court does this with the aid of a Presentence Investigation Report, the Sentencing Guidelines, and information provided by both the Prosecution and Defense. A sentence can include a fine, probation, court cost, jail or prison. Even if a Defendant is found guilty or pleads guilty there is much work for the Defense Attorney to do in preparing for the sentencing hearing. Being adjudged guilty of a felony will affect ones life well into the future. The consequences of being adjudged guilty can include: „ loss of right to vote „ loss of right to posses a firearm „ increased penalties for future convictions „ registration as a sexual offender „ loss of job opportunities APPEALS A Defendant convicted in a criminal case has an absolute right to appeal. There are strict time deadlines for filing the Notice of Appeal. In State Court one has 30 days. In Federal Court one has 14 days. If the Notice of Appeal is not timely filed there can be no appeal. SEALING AND EXPUNGEMENT In State Court, if you are not formally convicted, and you have never been convicted of any crime, you have the right to request that your arrest and court proceeding be sealed or expunged. Sealing means the records are still in the files, but that they are sealed and only law enforcement can look at them without first getting the Court's permission. Expunged means the records are destroyed.
2. Goldstein & Jette: DUI Driving While License Suspended Vehicular/traffic homicide DUI manslaughter Domestic violence Aggravated Stalking Juvenile delinquency up to and including murder Assault/Battery Capital Murder, including litigation through death penalty phase Manslaughter Narcotics trafficking (state and federal courts) Sex crimes Computer crimes Complex white collar crimes incl. Bank Fraud, Wire Fraud, Insurance Fraud, Organized Schemes to Defraud, RICO (state and federal courts) Misdemeanor defense Record sealings / expunction Money laundering Federal conspiracies
3. Suskauer Law Firm: If you or a loved one is facing drunk driving, driving while impaired or a DUI (Driving Under the Influence) charge, it is a serious offense that can result in loss of driverÕs license, heavy fines, increased insurance premiums and other penalties. Your vehicle may be immobilized and/or impounded. You should seek the assistance and guidance of an experienced DUI defense attorney. Definition of a DUI Offense Under Florida law, DUI (drunk driving) is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. Typically, law enforcement attempts to determine if someone is under the influence of alcohol by administering a roadside sobriety test, followed by a blood alcohol (breathalyzer) test. Potential Punishments for a DUI Offense The penalties upon conviction are the same, regardless of the manner in which the DUI offense is proven. Penalties (misdemeanor or felony) will vary depending on whether it is oneÕs first, second, third, fourth or subsequent DUI / drunkn driving conviction and whether the incident involved an accident that caused property damage, personal injury (bodily injury), DUI manslaughter or vehicular homicide. Individuals could face fines, community service, probation, imprisonment (jail / incarceration), vehicle impoundment, loss of drivers license, DUI school and installation of an ignition interlock device. In some cases, time spent in an alcohol / drug rehabilitation center will count toward jail time sentenced.
4. Klein, Eric: If you have been arrested and charged with Driving Under the Influence, or DUI, it is important that you retain the services of an experienced West Palm Beach DUI lawyer immediately. Because public opinion is so heavily influenced by interest groups like the Mothers Against Drunk Driving (MADD), being labeled a drunk driver carries a heavy stigma Š and often a heavy price. Florida DUI Law The state of Florida classifies DUI incidents on different levels that are dependent on the severity of the situation. In general, the following laws are applied to drivers who are caught operating a vehicle under the influence of alcohol: * First DUI conviction: a fine of $1000 or less and/or jail time of up to 9 months * Second DUI conviction: a fine of $2000 or less and/or jail time of up to one year * Third DUI conviction: a fine of $5000 or less and jail time of up to one year * Fourth DUI conviction (and any subsequent offense of the same nature): a fine no less than $1000 and jail time of up to five years Clearly, DUI offenses Š repeat offenses, in particular Š are not taken lightly by Florida law.
5. Levine, Donna: Whether you are a first-time DUI offender or multi-offender, it is important to remember that a drunk driving conviction does not come off your record and can haunt you for the rest of your life. Even if you were convicted the first time on juvenile DUI charges and you are charged 40 years later, it will still be treated as a second DUI/DWI offense in Florida.
6. Logan, Steven: riving under the Influence of Alcohol (DUI) If your ability to drive is critical to your earning a living then "Don't Drink and Drive". Driver's License and Administrative Suspension: If you have been arrested for D.U.I. you may have already realized that your Driver's License has been suspended, or will be suspended by the Department of Highway Safety, or sometimes referred to as the Department of Motor Vehicles, within 10 days of your arrest. This suspension occurs regardless of what happens to the criminal charge of D.U.I.. The Department of Highway Safety will suspend your Driver's License because either you refused to take a "Breath Test" or you did take a breath test and you registered an Unlawful Blood Alcohol Level (U.B.A.L) of .08% or higher. (.04% if a commercial license) The refusal to take a breath test will result in a suspension of your Driver's License (D/L) for 12 months for a first refusal and 18 months if this is the 2nd time you have refused a breath test. If you blew an UBAL level of .08% or higher your license will be suspended for 6 months. Even if you should qualify for a "Hardship License" for business purposes only, you will not be able to drive under this restrictive license for a period of 30 days for an U.B.A.L. and 90 days for refusing to take a breath test. You can fight this suspension if you Petition for a Formal review Hearing with the Department within 10 days of your arrest. Criminal Conviction for D.U.I.: * Can lead to further suspension of your Driver's License. * Impoundment/immobilization of your vehicle. * Higher Insurance Premiums * Jail * Probation * Community Service * Fines * Court Costs
7. Morris & Morris: * Criminal Appeals * Criminal Trials * Drug Crimes * DUI * Homicide
8. Norvell, Robert: If you have recently received a DUI in Florida, you may be getting advice from friends and family about what you can expect as punishment. It's best to remember that a lawyer will always be your best source of information. Lawyers can help you understand the legal structure, and they can also help you understand how the specifics relating to your case will correspond to the law. Just because someone you know was punished one way doesn't mean that you will be punished the same way. Florida has set some basic guidelines for punishment upon conviction. If This Is Your First Conviction: According to fine schedule 312.193(2) (a)-(b), F.S., a first conviction is subject to a fine of not less than $250, but no more than $500. If the blood alcohol level was .20 or higher or a minor was in the vehicle, the fine is slightly higher of not less than $500, but no more than $1,000. The exact fine amount is usually set by the judge and can be argued by lawyers, but it is generally up to the sole discretion of the judge. If This Is Your Second Conviction: According to fine schedule 312.193(2) (a)-(b), F.S., a second conviction is subject to a fine of not less than $500 and not more than $1,000. If your blood alcohol level was .20 or higher, you can expect your fine to be higher. This is also true if a minor was in the vehicle with you. If either of these situations applies to you, you can expect your fine to be no less than $1,000, but not more than $2,000. If This Is Your Third Conviction: According to fine schedule 312.193(2)(a)-(b), F.S., if this is your third conviction in more than 10 years, you will be fined no less than $1,000 and no more than $2,500. If you were arrested with a blood alcohol of more than .20 or a minor was in the vehicle, the fine will be no less than $2,000. If you have a third conviction within 10 years, you will be fined no more than $5,000. If you had a blood alcohol of .20 of higher or there was a minor in the vehicle with you at the time of your arrest, you will be fined no less than $2,000. If This Is Your Fourth Conviction: According to fine schedule 312.193(2)(a)-(b), F.S., if this is your fourth or subsequent conviction, you will be charged no less than $1,000, and if there was a blood alcohol of .20 or higher or there was a minor present, the fine will be no less than $2,000. Of course, on a fourth offense, most judges will be quick to give a heftier fine to help deter you from future DUI charges. Community service is generally something that judges order DUI offenders to do. A first conviction can warrant up to 50 hours of community service and an additional fine of $10 for each hour of community service ordered. On a first conviction, it is possible for probation/incarceration to last up to one year of time. Imprisonment isn't typical, but it is at the court's discretion and is dependent upon the circumstances of the case. If imprisonment is warranted, there are limits as to what the court can decide. For a first conviction, the convicted cannot spend more than six months incarcerated, or 9 months, if the blood alcohol was .20 or higher. For a second conviction, you could spend as much as nine months imprisoned, and up to 12 months if the blood alcohol was more than .20. A second conviction requires at least ten days of imprisonment, with at least 48 hours of consecutive confinement. A third conviction within ten years requires a mandatory imprisonment of at least 30 days, with at least 48 consecutive hours of confinement. If the third conviction takes place after ten years, the offender cannot be held for more than 12 months. A fourth conviction can mean up to five years of imprisonment, as indicated in 775.084, and listed as a habitual or violent offender. Imprisonment for these charges is usually spent in a treatment facility for drugs and/or alcohol abuse. As you can see, there is a lot of room for negotiation with fines, community service, and time spent in treatment programs of some type. With a lawyer by your side, you have a better chance of getting through the legal process and rebuilding your life on the other side of it. Don't just go with the flow and believe what your friends and family tell you. Each case is different, so be sure that you get the best legal defense for your case.
9. Murrell, LD: The laws pertaining to alcohol related crimes and drunk driving incidents are complex. It is extremely important for those accused of DUI and other alcohol related crimes to understand their situation and the laws that apply. ŅCriminal Law is where the power of government directly meets the citizen - it is where justice is done.Ó With this said, you shouldnÕt choose an lawyer because of the law firmÕs website. You will encounter many attorneys promising many things. There are, however, several characteristics that you should consider when you choose your defense lawyer. 1. Choose an attorney that only practices criminal defense law. It is not unusual to find lawyers that not only practice criminal defense but also personal injury, family law, and other types of law. Donnie Murrell exclusively represents Florida defendants in state and federal criminal cases and with post conviction work and will take immediate action on your behalf. We understand that your case is not about money. ItÕs about your life. 2. Choose an attorney that is a board certified criminal trial lawyer. The Florida Bar created the board certification process to assist the public in making informed decisions when selecting an attorney. Only Florida Bar board certified trial lawyers can identify themselves as specialists or experts. Board certification in criminal trial law is the highest level of recognition by the Florida Bar of the competency and experience of a criminal defense attorney. Donnie Murrell is proud to be one of only 351 board certified criminal trial lawyers in Florida. Read more on the certification process. 3. Choose an attorney that prepares cases for trial, rather than rushes to accept a plea deal. Most defendants do ultimately accept a plea deal from the prosecutor. However, when offering a plea deal, prosecutors review the evidence as well as the defendantÕs chances in court. The skill and expertise of the legal representation of the defendant plays a large role in exactly what a plea deal may be. As a board certified trial lawyer with more than 25 years of trial experience, Donnie Murrell meticulously prepares his clientÕs case for court, conducting thorough pre-trial investigations; interviewing police, involved parties and witnesses; using expert witnesses to testify on behalf of our clients; and ensuring that the evidence was obtained legally and the clientÕs rights were respected. This dedication to detail and skill in creating a strong defense strategy can sometimes get charges reduced or dropped altogether, and in some cases, clients don't even have to go to court. 4. Choose an attorney that treats each case individually, and who realizes that every situation is different. Most cases are not cut-and-dried, and every case is unique. Representing those arrested for criminal activities is not a Ņvolume businessÓ with a "one-size fits-all" approach. ItÕs about taking the time to understand the case, thoroughly reviewing the evidence, and when necessary, challenging police procedures, scientific testing and even state statutes.
10. Rainy, James: If you have been accused of a drug crime or DUI in South Florida, you could face a wide range of potential consequences, including jail time and loss of license. An experienced criminal defense lawyer can help you lower the charges and minimize the potential consequences.
11. King, Nellie: Do I really need a lawyer? If you are accused of a crime or misdemeanor with the possibility of jail time, the answer is a resounding yes. Our firm is experienced and qualified to defend you. Call us for a free consultation. Why not use a Public Defender? While a public defender is a better option that representing yourself, you have no control over which public defender you are assigned. Public defenders are often overloaded and overworked. We on the other hand can give you the time and attention you deserve.
12. Perlet & Shiner: There are many procedures that a police officer must follow during his or her investigation of a DUI. An officer's failure to perform any one of these procedures could result in a dismissal of your case. How will you know if you are one of these people who should have his or her case dismissed? You won't know, unless you hire a qualified, highly experienced attorney. It is critical that you contact an attorney as soon as possible. Many people do not know that you have only 10 days from the day of your arrest to request a Formal Review Hearing with the Department of Motor Vehicles. This hearing is very important because if you win, you will get your driver's license back.
13. Cistaro, Jacqueline: After an accused has been arrested for committing a crime, what happens next and what should he do next? Once an officer has taken the accused into custody, he is no longer free to walk away, and the arrest is complete. An arrest is only proper and legal if the officer has probable cause to believe that the accused committed an offense or was about to commit an offense. An arrest is also proper when it is being conducted pursuant to an arrest warrant. However, if the warrant is not valid, numerous other issues will be raised.
14. David Olson: Florida carries severe penalties for driving under the influence, or commonly referred to as DUI. A drunk driving conviction in Florida can result in fines, suspension of drivers license, and imprisonment for up to six months for first time offenders. A second conviction can result in a nine months sentence, and a third can be filed as a felony, with a potential five year prison sentence. A DUI offense may apply to driving any type of vehicle, including bicycles or farm equipment.
15. Strolla Law: Being convicted of DUI can result in: 1. Loss of liberty 2. Loss of driving privileges 3. Fines and court costs 4. A criminal record Other penalties may include years of higher insurance rates, many hours of enforced community service and a tarnished reputation. Many DUI cases can be successfully defended, thereby preserving your driving privileges and avoiding jail time. Frequently, it can be shown that a police officer's decision to arrest you was improper or unlawful. Evidence favorable to you may be presented to show that your condition at the time of your arrest was caused by factors other than alcohol. These factors may include having been in an accident, fatigue, your physical condition, or use of medications. Frequently Asked Questions for a DUI Will my driver license be suspended? Administrative vs. criminal, Formal Review Hearings, Explanations: There are several complicated issues with your Florida driving privileges. You can lose your license not only for DUI but many other charged offenses by the State. After receiving a citation which suspends your license (ie. DUI), that citation serves as a temporary permit for you to drive for only 10 days even though your license has been taken and suspended. How did my driver license get suspended? We will set this up in three manners; administrative suspension, criminal suspension, other related offense suspension. Administrative suspension: If you took breathlizer and were above .08% alcohol to blood ratio, you are going to lose your driving privileges automatically for six months. If you refuse to take the breathlizer you lose your driving privileges for one year. If you are a .07 suspension after your 30 days of driving on the temporary permity citation, you will have 30 days "hard time" where you cannot drive at all. The last four months of the suspension is when you can apply for a hardship license (BPO - Business Purposes Only) which allows you to drive for work, doctor's visits, school, etc. For a refusal you have the same 30 day window to drive, however instead of 30 days "hard time", you will be unable to drive for 90 days as part of the administrative rulings. The remainder of that year you can apply for a hardship license for work, doctor's visits, school, etc. The above suspensions are solely administrative, these suspensions have nothing to do with your charged offense of DUI with the State Attorney's Office. Criminal suspension: If convicted of DUI, your license must be suspended per State Statute. The length of the suspension depends on how many prior DUI's you have been convicted of. This court suspension has nothing to do with the administrative suspensions. The suspension times do not relate back to the arrest, nor do you get credit towards time already served under suspension. Other related suspension: If you are found guilty to a drug related offense or controlled substance offense, by law the Division of Highway Safety and Motor Vehicles will suspend you license, even if adjudication is withheld. "Adjudication withheld" means you were not found guilty legally by the court. However. the Florida legislature has passed laws which mandate a license suspension for any drug related or controlled substance offense. You also are entitled to a business restricted license through these suspensions. What is a Formal Review Hearing? How does it pertain to me? Aformal review hearing is a hearing with an office of the Administative Office at the Division of Driver License. This hearing gives you the opportunity to contest the administrative suspension of your license. When you have hired an attorney, the attorney goes over the police reports, and if necessary subpoena's the officers to the hearing to discuss the facts of the arrest. If the officer has made mistakes in filling out the paper work or did not have a legal right to administratively suspend your license, the hearing officer, after it finds ruling in your favor, must give you your license back. The only suspension you then will face is, if convicted, based on suspension of the alleged offense. IMPORTANT REMINDER: you only have 10 days after your arrest to file for a Formal Review Hearing, this is why it is very important to contact an attorney immediately following any arrest. If my license is suspended, can I get a restricted license or any other license to drive to work or school? If you breath test was above .08%, after the 30 days of hard time expires you must complete DUI school, which is a 12 hour course by the North Central Florida Safety Counsel regarding drinking and driving. To apply for your BPO license you must show proof of enrollment for DUI school, you need a 30 day traffic record update, which you can get at the clerk's office at the County Courthouse, a copy of your citation and a copy of your arrest affidavit. If your case was a refusal of the breath test, you may not apply for a BPO license until after the 90 days of "hard time" not driving expires. If you are convicted of other related charges or controlled substance charges the same rules apply. You must complete court ordered or Florida legislative mandated counseling before you can get a BPO license for controlled substance offenses. Note: if you are convicted and a criminal suspension is enforced your prior completion of DUI school remains in effect for your qualifications for a restricted license once on probation, if applicable. You must return to the Division of Motor Vehicle with a Certificate of Completion and renew your BPO license with the DHSMV. Will I be on Probation? How long? What do I need to know about probation? The question depends on the charge of the offense you are facing. Some criminal charges such as DUI have mandatory probation, as well as mandatory conditions. Other offenses depends on your prior history as well as the facts of the alleged offense whether the State will ask for probation or not. The length of probation usually will be decided by either any mandatory senteces by the Florida Legislation and the State of Florida or any plea negotiation worked out between the State, your attorney and yourself. ie., one year maximum probation on a first degree misdemeanor, five years maximum probation on a third degree felony, fifteen years maximum probation on a second degree felony. Probation is a very important time after the outcome of your case. If you do not have jail time imposed in your sentence, you will face jail time if you violate the rules of your probation. Probation is when you get everything done that the court has ordered, and should be taken very seriously. This is also a chance for you to expedite your case and get off probation by doing all your court ordered conditions as soon as possible. Are there any mandatory sentences I need to be aware of? How does my prior record effect my case? There are several state ordered mandatory, which again depends on the alleged offenses you are facing. For example, if this is a second DUI within five years of a prior conviction, you are facing a minimum mandatory 10 days in the county jail as well as a mandatory five year drivers license suspension. If this was a third DUI arrest within 10 years of a second DUI conviction you are facing a minimum mandatory 30 days in jail and a ten year driver license suspension. Your prior record does effect mandatory sentences set by the State of Florida as well as your driver license privileges. There are also different rules (regarding a BPO license) depending on if your case is a 2nd within 5 or 3rd within 10. Your prior record may effect how the State wants to plea the case, go to trial with the case, or any conditions they demand for a probationary period. For example, if you have several drug related priors and you are arrested for another drug related offense, the State will probably be looking for jail or prison, if applicable, do to your prior chances on probation and still picking up similar charges. This is why your rights need to be protected and to make sure law enforcement has done their job properly. If I'm on probation, will I have to pick up trash? Not exactly, you will have to do mandatory community hours if convicted of DUI as well as other offenses. The prosectutor may want communtiy hours as part of your probation as well as any Deferred Prosecution Agreement between the State, your attorney and yourself. This does not mean you necessarily have to pick up trash, but you will have to perform work and service hours with your community to better the community and not receive any monetary benefits from it. Probation officers will usually have a list of service providers where you can do your community hours. Any not-for-profit organizations are usually acceptable as well. What is the sentence for DUI? What is a "reckless driving"? The maximum jail is six months for first DUI, nine months for a second DUI and 12 months for a third DUI. A fourth DUI is deemed a third degree felony and the maximum time is five years in state prison. If you are involved in a DUI accident the State can automatically charge you with a first degree misdemeanor, which means even if it is your first DUI, if there was property damage or injuries, you could be facing a maximum of one year county jail. "Reckless driving" is a lesser offense of DUI. When the State either makes a mistake in their case or there is enough mitigating factors the State will offer what is called a reckless driving charge. If offered a rechless driving plea when charged with DUI, you have basically won your case. If the State offers the lesser of reckless driving you do not lose your license, your car is not immobilized, and the probation period, fines and community service hours are lower than what is mandated by DUI probationary periods. Can I challenge the breath results? Officers? Stop? etc. Any time your constitutional rights are violated or there is an illegal stop and seizure by the police it can and will be challenged and should be challenged by your attorney. If the court agrees with your version of the events as well as case law provided to the court and the stop is suppressed, the case must be thrown out by the State because the State cannot proceed at trial since the judge suppressed all evidence after the illegal stop. In challenging the officers, again, you can always challenge and unconstitutional act by the State, even with law enforcement officers. Any time a law enforcement officer violates your constitutional right or violates the law and procedures in place, the judge caneither suppress evidence or dismiss the case entirely based on the officers improper action. The breath test results are challenged more frequently than any other due to the maintenance or lack of maintenance, due to breath technician errors, certifications and procedures used on the night you were arrested. If it is a low volume sample or if the State cannot prove the result with scientific reliability, the breath test result can, will and should be challenged at all times. Again if the judge agrees with your facts as well as the case law provided, the judge can suppress the breath test results where they will not be admissible in any trial against you. Therefore, throwing the most damaging part of the States case out and the State cannot use it against you in trial. Are the statement I said to the officer going to be used against me? This is a trickier situation since there are several loopholes in the law that officers use. If you are in custody at the time, and the officer does not read you your constitutional Miranda warning, ie., "you have the right to remain silent, anything you say can and will be used against you inn a court of law,..". If you answer any questions after that point and you waive your Miranda rights, all admissions and atatements will come in unless they are absolutely irrelevant to the case or charges. Even if the officer does not read you Miranda and you decide to voluntarily make statements to the officer of yell things at the officer, these are going to be called "spontaneous statements" under the Florida Evidence Code and they will be admissible in court. Will they take my car? If convicted of a DUI they will not take your car unless it is your fourth or subsequent conviction. The Florida legislature has now passed a law where if you are convicted of felony DUI they may seize your car permanently. However, if it is your first, secord or third DUI they will only "immobilize" your vehicle. This would mean on probation you will turn over your registration and license plate for a certain, specified period and therefore you can not drive that car even with a BPO license. However, the legislature has given an exemption for many people if this is the sole car in the household or it would create an economic hardship on the person or family. The court can statutorily waive this requirement of probation. If you are charged with certain drug offenses there are several mandated sentences depending on the charge. And depending on the amount of drugs seized during the arrest. If you are convicted, there are several state statutes which would require the State to possess your car permanently just due to the amounts involved in the case. Again this is going to be fact specific. Your case may or may not apply. This is why you need to contact an attorney immediately and discuss all of your constitutional rights. FF
16. Romano, Eriksen & Cronin: Criminal law cases require knowledgeable, effective, and skilled representation. There is no substitute for experience in cases involving serious criminal charges. Often, individuals accused of crimes experience anxiety or embarrassment and may be confused about the complex steps involved in their case.
17. Morgan McDonald: Crimes designated as Misdemeanors are punishable by confinement in the County jail as follows: 1. For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year; 2. For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.