Posts

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

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

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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Cell Phone

Cell Phone Searches – When can the Police search my Phone?

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.

In order to search your cell phone – UNLESS YOU GIVE CONSENT – the police must have a warrant.  Warrants are much easier for the police to get … Read More

Arrested

Arrested for a Probation Officer’s Mistake

You may not believe this, but people do get arrested for a probation officer’s mistake – sometimes with no bond.

An Example:

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

Ejectment

How do I get my adult child out of my house? Ejectment!

Ejectment

Many parents let their adult children live in their homes during difficult times.  Sometime these “children” take advantage, and the parents want them out.  But since there’s no lease agreement, and usually no other agreement, written or verbal, it’s difficult.

How do I get my adult child out of my house?

You can:

  1. File an Ejectment action in the Circuit Court
  2. File an eviction if there’s a written or oral lease with specific terms.
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Violation of Probation

Alternative Sanctions Program Violations of Probation

Quite simply, the alternative sanctions program allows people to avoid court if they violate felony probation for a minor rule.

In the past, a violation of felony probation meant a sure trip to jail.  Not anymore.  In both Pinellas and Pasco Counties, you may be eligible for the Alternative Sanctions Program for Violations of Felony Probation. It only works for a minor, or “technical” violation. (Make sure you scroll down to the last page of … Read More

Police Questioning Pasco County, Florida

What do you do if the police want to question you? What happens if you receive a call or are otherwise asked to appear at a police station for questioning in a crime?  Should you go?  Should you bring an attorney?  Will they arrest you?  This blog will attempt to answer those questions

Since we offer free consultations (over the phone), we are often asked what a person should do if the police are asking … Read More