Category Archives: Criminal Defense

What are Legal Reasons for Traffic Stops?
Traffic stops occur with a high degree of frequency. According to the Florida Bureau of Justice Statistics, traffic stops are the most common way that the public comes into contact with a police officer. A police officer may pull over a vehicle for any of a number of reasons including a traffic infraction, a vehicle violation, or for exhibiting behavior that indicates possible impaired driving. An officer might stop a vehicle based on a tip from a concerned citizen. Additionally, law enforcement can pull over a vehicle for failure to wear a seatbelt. If you feel that a traffic stop was unjustified or conducted improperly, an experienced Brevard County defense attorney may be able to provide assistance. What You Should Know About Traffic Stops Police officers and drivers must conduct themselves in a respectful manner during a traffic stop. As a driver, you should remain in your vehicle.
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What is a Downward Departure?
When you go through the legal process and are found guilty of a crime, the law requires that you receive a sentence. The sentence may include various components such as jail time, fines, community service, and probation. The judge has the ability to depart from the applicable sentencing guidelines and order a sentence that is lower. That lower sentence is called a downward departure. A downward departure may be applicable to some types of crimes when there are mitigating factors involved. How do Florida Judges Determine Sentences? Florida utilizes a computerized formula that calculates a score for your particular crime. The Florida Department of Corrections Criminal Punishment Code (CPC) assigns a level and numerical value to a particular crime. The CPC applies to all felonies except capital felonies. When you are convicted of a crime, you will have a number assigned. The numerical value provides the judge with.
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Can I Fight Suspension of My Driver’s License for DUI?
If you were charged with DUI, there are several consequences that you will face. The first thing that happens is that the arresting police officer will immediately suspend your driving privileges. The officer will suspend your driver’s license if your blood alcohol concentration (BAC) is 0.08% or higher or if you refuse to take a breath test. You will receive a temporary driving permit that is valid for a period of 10 days. You will also receive a notice of suspension of your license. Request a Hearing The suspension of your driver’s license is separate from the charges of DUI. You have only 10 days to request a formal or informal review with Florida Highway Safety and Motor Vehicles (FLHSMV). The 10 days start immediately upon the issuance of the suspension notice. If you fail to request a review within 10 days, you will not be able to.
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