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Jail time

Jail Time for Domestic Battery

Governor Scott just signed HB 1385 into law and it requires jail time for Domestic Battery charges.  UNLESS, your lawyer can get the State or the judge to agree not to send you to jail.

Previously, if someone was convicted of domestic battery, and any harm was caused, the judge could sentence the person to 5 days in jail. I rarely see this happen.  And it’s never happened to one of my clients.

Jail time

Now, … Read More

Crime and Punishment

Crime and Punishment

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

DUI

Diabetes and DUI: Legal Defenses for Diabetics charged with DUI

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.

Most people think breath tests are accurate.  Breath tests are not always accurate, especially if you have certain medical conditions. Diabetes can significantly affect the accuracy of the … Read More

DUI

DUI Eye Tests – Horizontal Gaze Nystagmus

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

Arrest Warrant

Arrest Warrant – Do the police need a warrant to come into my house?

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

Culpable Negligence

Negligent Homicide

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

Will I go to jail for DUI?

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
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Public Records

Public Records: What Can a potential employer really see?

Public Records

 

Many people contact our office to discuss whether their prior criminal cases are public records and if they can be expunged.  But what happens in a case where an individual has not been arrested or charged with a crime.  What if they were merely, “investigated”, by police?

For example, they may have been a witness or a suspect in a crime, and were ultimately never charged with a crime, never … Read More