If an individual is charged with a second or subsequent DUI, they should know that the minimum jail sentence required can be satisfied by jail or treatment in a residential facility. For example, if you are charged with a third DUI within ten years there is a mandatory thirty day jail requirement as part of your sentence. However, if the court approves, all or part of this sentence may be served in a residential … Read More
About Stephanie Pawuk
This author has yet to write their bio.Meanwhile lets just say that we are proud Stephanie Pawuk contributed a whooping 61 entries.
Entries by Stephanie Pawuk
I recently attended a continuing legal education seminar on issues of Law and Politics from the perspective of historical political philosophers which reminded me that Crime and Punishment was not just some old book. Some of the thinkers we discussed were Jean-Jacques Rousseau, Francis Bacon, Emerson and Plato. The ideas of other great writers and thinkers such as John Locke, Thomas Jefferson, and even Russian greats such as Tolstoy and Dostoevsky, were interwoven in the … Read More
There are many circumstances when a home owner needs to remove an individual living in their property by filing an Unlawful Detainer action because there is no lease. Here’s how it works. If there is an oral or written agreement which spells out a rental amount to be paid or work to be exchanged for living arrangements, then a lease has been created and this counts as a residential tenancy. It means that you … Read More
The question of what to do if your child is arrested is one I answer almost every day. Depending on the crime, and the juvenile’s prior criminal record, a juvenile can be held in secure juvenile detention for up to 21 days. And that’s BEFORE he or she is ever found guilty.
Here are the top 10 things to do:
- If you get a call from the police that your child is being
Diabetes and DUI are complicated legal and medical issues. If you have diabetes and are arrested for DUI, you may have a defense. Especially if you took a breath test and blew over the legal limit. Contact our experienced Trinity DUI defense attorneys to discuss your defenses.
Can the police search my social media profile? Yes and they do. Police regularly search social media for evidence of crimes, to see who you associate with, to see if they can get you to admit to crimes. CNN reports that 4 out of 5 police have used social media during an investigation. That number is probably higher than anyone wants to admit.
Why are the police looking at your pictures and posts on … Read More
When you are stopped for suspicion of DUI, the officer may give you a DUI eye test, called the Horizontal Gaze Nystagmus or HGN. It’s one of the ways police officers use to determine a driver’s sobriety. You may have seen this where the officer holds a pen light up to your eye and tells you to follow it without moving your head.
One of the more popular exams is the Horizontal Gaze Nystagmus (HGN) … Read More
Do the police need an arrest warrant to come inside a house in order to arrest someone? Most people think of warrants they think of search warrants where the police come into a house and search for drugs. But what if the police come to a home to arrest a person? Do they need a warrant?
Usually. But there are exceptions which depend on the facts of your particular case. If the police have … Read More
Many have heard the term Negligent Homicide in cases involving DUI or discharging of a firearm causing death. There is a specific term used in Florida criminal statutes known as Culpable Negligence that defines what kind of behavior can be criminally prosecuted if the negligent behavior causes death. The actual charge would be Aggravated Manslaughter, a first degree felony, and the State would have to prove that you caused the death of another acting … Read More
Many times a client comes into my office asking: “Will I go to jail for DUI?”
Most times, the person has a prior conviction and has some knowledge of the law.
They know that if they have a:
- second conviction within five years there is a mandatory 10 day jail sentence.
- that a third offense within 10 years carries a minimum 30 day jail sentence or can be filed by the State Attorney’s Office as
Cell Phone Searches are common in all criminal cases today. If you are arrested, especially for a drug charge, the police will want to search your phone. Why? Because they think they’ll find evidence of who you sell to or buy from.
But can they? No.
Juvenile Strip Search
When you send your kid off to school in the morning you’d like to think they were safe, treated fairly, and that school officials were reasonable. Although juvenile strip searches are rare in school, they can happen.
But can school administrators strip search my child? Like all legal things – it depends.
In a recent federal case out of Georgia, a middle school boy was taken to the principal’s office because he … Read More
You may not believe this, but people do get arrested for a probation officer’s mistake – sometimes with no bond.
The other day I was in court in Pasco County, Florida; and a young guy was asking for termination of his probation because he was done with all the conditions and had paid all his fines and costs. He had receipts and banks statements showing deposits in JPay right on his phone. (JPay … Read More
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St. Petersburg, FL 33713