Florida Criminal Defense Legal Questions

It looks like you caught a lucky break. A DUI can only be issued to a person that is in his car, if the keys are in the ignition. There is nothing illegal about a drunk person sitting or sleeping in his car with the ignition keys, not in the ignition lock. The reason that they let you go is that they could not find the keys and therefore you would have the case, most likely thrown out on a motion to dismiss based on state law.     ... Read More

Reach out to any one of the thousands of attorneys in Florida who practice criminal law and provide free initial consultations. However, please know when you do that rarely if ever are criminal legal issues resolved with letters and phone calls, and law school and admission to the bar takes years and literally hundreds of thousands of dollars, so if you're looking for a $50 ten minute resolution to a violation of probation arrest warrant, you will likely be disappointed.... Read More

You did not provide sufficient information for answering this inquiry in any detail.  Even with more information, it would not be possible, in my opinion, for an attorney to answer what you primarily are wanting to know.  Here is what I can tell you:  even if you never previously violated your probation, you may still face more jail or prison time.  It would depend a lot on the points on your Criminal Punishment Code (i.e., scoresheet); what kind, if any defenses you may have; whethter the prosecutor assigned to your case is willing to do any meaningful plea bargaining with your defense attorney; and, to some degree, where in Florida your case is set for court.  Based on my experience, although the prosecutor may be willing to make a VOP offer, the prosecutor is unlikely to engage in direct negotations with you.  In other words, I suggest you have an attorney.  If you cannot afford one, I recommend you ask the court to appoint the Public Defender.      ... Read More

Generally it means the court found some legal reason to treat the motion as if it had never been filed.  There could be any number of reasons for striking (i.e., treating the motion as if it had never been filed).  Sometimes the court explains in the order striking the motion the reason.  So you may want to review the court order to see if it gives any reason for striking the motion.  It could be as simple as failing to follow the rules pertaining to filing of motions.  ... Read More

Without seeing the police report, it is impossible to definitely know why you were arrested.  However, based on legal knowledge and experience, an attorney can make a good educated guess. It is possible that you were arrested because the law enforcement officer who had you perform field sobriety exercises (often referred to as "tests") concluded you were under the influence of alcohol or some other intoxicant to the degree that your normal faculties were impaired.  In Florida, you can be convicted of DUI in two different ways:  (1) by having a BA (blood alcohol) reading above the legal limit; or (2) by your normal faculties (or ability to perform certain tasks - such as touching your nose or maintaining your balance) being impaired.  Number (2) can result in your arrest regardless of any BA reading.             ... Read More

I'm very sorry to hear about your loss. My deepest sympathies. You should reach out to an attorney here in Florida to explore all the facts of this case to determine if there is a viable claim against a third party for the wrongful death of your son.      Stephen Black, Esq. (407) 581-2581... Read More

You have a right to effective counsel.  If this was denied it needed to be brought up before the court by yourself.  If you feel that your counsel or right to have counsel was not effective you can contact an attorney who does post-conviction relief. Usually, at a plea colloquy, the court will ask whether you are satisfied with your counsel... Read More

We all pretty much assume the system can't work at all if people don't come testify, so you can ask your lawyer whether you might have any legit reason to disregard a subpoena (don't hold your breath that you do) but otherwise so long as you're alive I can't think of any reason to legitimately dodge it. Please stay alive regardless of the subpoena!... Read More

If the three charges of Breaking and Entering were merged into a single charge of Breaking and Entering; and, therefore, you were convicted of only one charge, then I believe only one charge of breaking and entering should be scored on Florida's scoresheet.  However, if you were convicted of three charges of breaking and entering, then three charges should be scored (even if all three charges were consolidated for sentencing purposes (i.e., the sentences on all three charges were either concurrent or sentenced at the same time).... Read More

Your question is impossible to answer.  However, you indicated you still have fines to pay that, I assume, were a condition of your probation.  Based on that information and your desire to terminate your probation, I assume you have a limited ability to pay the fines. Consequently, when you go to court for your VOP, you may want to consider asking the judge to appoint an attorney from the Public Defender's Office to represent you. There are many very good attorneys who are employed by the Public Defender's Offices in Florida and who have dedicated their careers to representing persons who do not have sufficient funds to retain a private attorney.... Read More

You could be charged with the criminal offense of battery (or potentially domestic violence battery) for pouring a drink over her head.  That carries up to a year in jail and/or a year of probation, plus fines/court costs.  There, also, are some other collateral consequences that could have long-time impacts if you are charged and convicted.  If you're lucky, your ex-girlfriend will consider what her daughter did as sufficient to "even the score;" and, therefore, not file any complaint with law enforcement. As for what the daughter did to you, you have the right to file a complaint against her for battery.  But if you do, I would expect your ex-girlfriend would file a battery, or domestic battery, charge against you.  So whether you want to take that risk by filing a complaint against her daughter is up to you.  However, unless far more than your pride was injured, you may have more to lose, than gain, by filing a complaint against your ex-girlfriend's daughter.  ... Read More