Tag Archives: brevard county criminal defense

Enforcement of Florida Texting and Driving Law
In Florida, texting while driving is already banned. However, police were not yet citing drivers with official tickets. Instead, drivers had a six-month grace period that lasted until January 1, 2020. Law enforcement officials have been giving drivers warning tickets for texting while driving. Previously, police officers were not allowed to pull over a driver for texting while driving, but could cite a driver if they stopped the driver for another infraction. The law changed in July, allowing the police to stop vehicles for texting alone, but extended a grace period in which they will issue only verbal or written warnings. According to the Florida Highway Patrol, they issued about 1,087 warnings from July 1, 2019 through December 19, 2019. An additional 1,220 citations were issued throughout Florida by other law enforcement agencies. Now, drivers will be issued actual citations rather than warnings. Fines for a first.
What are My Rights if I am Arrested in Brevard County?
Being placed under arrest, for any reason, is probably one of the most terrifying experiences you will have in your life. You may not know what to expect and feel alone and afraid. You have probably heard people being read their rights on television shows and in movies, and for the most part, that is how it works. U.S. law requires that you are read your rights as part of the arrest process. These rights are also known as your Miranda warnings because they stem from a specific U.S. Supreme Court Case, Miranda v. Arizona. What are Miranda Warnings? Miranda warnings must be read to you whenever you are in custody. Stopping or detaining you temporarily is not the same, but if it leads to an arrest, the officer must read you your rights. Your rights include:
  • Right to remain silent
  • Anything.
What is the Difference Between Being Found Incompetent to Stand Trial and Pleading Insanity as a Defense?
Tragically, earlier this July, 29- year old David Owens opened fire on a hospital room on the third floor of Parrish Medical Center killing the room’s two inhabitants. Security guards reported that as soon as Owens ceased fire he said “I’ve done something wrong”. Accordingly to family and friends, Owens had battled with mental instability and had even been deemed incompetent to stand trial for charges earlier this year. This raises an interesting question, that being, if Owens had already been found mentally incapable of standing trial previously, could he face trial now? The answer is no. Since Owens has already been deemed judicially incompetent to stand trial, he cannot now be forced to go to trial unless the attorneys and judge work to have his competency restored in the eyes of the court. What Does it Mean to Be Mentally Incompetent to Stand Trial? Being declared.