2008-05-16T23:43:34Z What You Need to Know: * You have 10 days from the date of your arrest to request an administrative hearing in order to prevent suspension of your driver's license. * Any person who operates a motor vehicle in this state is subject to the "implied consent law." This means that by driving in Florida, you are consenting to sobriety tests, which include breathalyser tests, blood and urine testing. * The "implied consent law" DOES NOT require a person to submit to field sobriety tests. * Refusal to take a breath test will land you a 1-year license suspension the first time you refuse and 18 months the second time and the prosecutor can use your refusal against you at trial. * We can fight for your rights if you call *850.681.7777* today. 1 A DUI arrest doesn't always mean a DUI conviction. We have extensive experience in defending DUI charges and have earned certification from the National College for DUI Defense. Our aggressive approach could make the difference for you. There are many possible resolutions to a DUI arrest including dismissal of charges, reduction to lesser charges, motion to suppress evidence, plea bargains, or a jury trial. If you're found guilty of driving under the influence, possible sentences include jail time, a minimum six-month drivers license suspension, community service, probation, DUI school, alcohol-abuse evaluation and treatment, fines and court costs, and a mandatory 10-day vehicle impoundment. DUI dui 2008-05-31T14:00:32Z 2008-05-31T13:57:46Z What You Need to Know: * A police officer may arrest you without a warrant if he has probable cause to believe you are in possession of a controlled substance. * You can be convicted of "constructive" possession if a controlled substance is in a place over which you have control, such as your home or vehicle, or in a place where you concealed it, even if it is not yours. * If you are in a car with someone who is in possession of a controlled substance, you too can be charged with possession, even if it is not your car. * If you are convicted of a violation of any subsection of the Florida Drug Abuse Prevention and Control Act, regarding possession and distribution of controlled substances, you will lose your driver’s license for two years. * We can fight for your rights if you call *850.681.7777* today. 2 The laws surrounding possession of a controlled substance are specific; however, penalties you face if convicted will vary greatly depending on the kind and amount of the substance. Possession of heroin, codeine or morphine is a second-degree felony punishable by up to 15 years in prison and $10,000 in fines. Possession of cannabis, mescaline or peyote is typically a third-degree felony punishable by up to five years in prison and $5,000 in fines. Drug Charges drug_charges 2008-05-31T13:57:46Z 2008-05-31T14:10:04Z What You Need to Know: * It is domestic violence if you are or were married to or living with the victim as a family, if you have a child with the victim, or if you are related to the victim by blood or marriage. Otherwise, criminal acts against one’s boy/girlfriend fall under the generalized criminal code. * Crimes of domestic violence require a minimum of one year of probation, a batterers’ intervention program and an additional five days in the county jail. * Domestic violence convictions often include an injunction to protect the victim from future, or anticipated domestic abuse. * We can fight for your rights if you call *850.681.7777* today. 3 Under Florida law, crimes of domestic violence carry additional sentencing requirements beyond those of other criminal cases. If you have committed a criminal offense such as assault, battery, sexual assault and battery, stalking, kidnapping, false imprisonment, or in any way caused injury or death of a family member, you can be charged with domestic violence. This is a very serious charge and if convicted, you will serve a minimum of five days in jail. Domestic Violence domestic_violence 2008-05-31T14:10:04Z 2008-05-31T14:11:57Z What You Need to Know: * You do not even have to touch someone to be convicted of an assault. * Simple assault is a second-degree misdemeanor punishable by up to 60 days in the county jail and fines of up to $500. * Aggravated assault is when the threatening gesture or statement involves a deadly weapon or the intent to commit a felony. * Aggravated assault is a third-degree felony punishable by a maximum of five years in prison and fines up to $5,000. 4 Assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and acts that indicate violence is imminent. Assault assault 2008-05-31T14:12:15Z 2008-05-31T14:14:31Z What You Need to Know: * Simple battery is a first-degree misdemeanor which means it is punishable by up to one year in jail and up to $1,000 in fines. * Felony battery is charged when the unwanted touching caused great bodily harm, permanent disability or disfigurement. It is punishable by a maximum of five years in prison and up to $5,000 in fines. * Aggravated battery is when the damage is inflicted intentionally, or even just knowingly; or with a deadly weapon. It is a second-degree felony punishable by up to 15 years in prison and $10,000 in fines. 5 Any time you actually and intentionally touch or strike another person against his/her will or intentionally cause bodily harm to another person, you may have committed a battery under Florida law. Battery battery 2008-05-31T14:14:31Z 2008-05-31T14:16:13Z What You Need to Know: * If you are convicted of a first-degree misdemeanor, you face up to one year of imprisonment and fines up to $1,000. * If you are convicted of a second-degree misdemeanor, you face a maximum of 60 days of imprisonment and fines up to $500. * If you are convicted of several misdemeanor charges, then you may be classified as a Habitual Misdemeanor Offender (four offenses in the past year) and could face between six months to 364 days in jail. 6 A misdemeanor is any crime punishable by imprisonment for less than one year. In Florida, misdemeanors are further divided into classes based on the gravity of the offense committed. Misdemeanors misdemeanors 2008-05-31T14:16:13Z 2008-05-31T14:17:48Z What You Need to Know: * If you are convicted of a capital felony, you face capital punishment or life imprisonment without the possibility of parole. * If you are convicted of a life felony, you face a maximum of 40 years to life in prison and up to $15,000 in fines. * If you commit a first-degree felony, you face a maximum of 30 years in prison and up to $10,000 in fines. * If you commit a second-degree felony, you face a maximum of 15 years in prison and up to $10,000 in fines. * If you commit a third-degree felony, you face a maximum of five years in prison and up to $5,000 in fines. 7 A felony is generally defined as any crime punishable by death or more than one year in prison. Like misdemeanors, felonies in Florida are divided into classes based on the gravity of the offense committed. Felonies felonies 2008-05-31T14:17:48Z