Criminal Law

I think there is an unwritten rule that every parent has heard if not repeated, “Never wake a sleeping baby.” I’d suggest breaking the rule if your child is in a car. According to Florida Statute 316.6135, you cannot ever, for any period of time, leave your child unattended if the child is less than 6 years of age in…

Florida in my opinion is a pedestrian state. People like to walk and or run since our weather is generally so pleasant despite the latest rain. However, where sidewalks are provided, pedestrians are prohibited from  walking along the portion of a road paved for vehicular traffic. When sidewalks are not provided, any pedestrian walking along  the highway shall, when practicable,…

Can a husband or wife install spyware on the other spouse’s phone or computer? You can certainly keep and use text messages or voicemails or even Facebook posts from the other party, but intercepting and saving communications that were intended for the other party is a first degree misdemeanor in Florida for the first offense, and a 3rd degree felony…

Any person who changes a driver’s license by either giving a false age on a driving application or identification card or by possessing a driver license or identification card,  on which the date of birth has been altered is guilty of a misdemeanor of the second degree.  One can be punished by 6 months of probation or 60 days in…

Asked 3 months ago – DUI w/ possession of a small amount of marijuana. Received 12 months probation, classes and counseling, fines and community service. I’ve been on probation for almost six months, completed classes and counseling, up to date on fines and have been doing community service. This is my first violation and my PO is more than likely…

The answer is maybe. If your driver’s license record is checked by the law enforcement and it shows that the license is in fact suspended, the officer has discretion to arrest you because it is in fact a crime to knowingly drive without a valid driver’s license. It is common for a driver to not know his license is suspended.…

In Florida, if the check is less than $150 it is a misdemeanor of the first degree which carries a maximum of 1 year in county jail. It is subject to a 2 year statute of limitations. This means that the prosecution/State attorney must file charges against you within 2 years of the date written. If they file more than…

Yes. School officials, even school resource officers are not required to contact parents prior to interviewing students nor do they read them their Miranda rights.   Anything they say can be used against them. The safest thing to tell your child, especially since you may not be present, is to ask for an attorney and say nothing. Gone are the…

Yes, in county court or circuit court, which address misdemeanors and felonies respectively, the State Attorneys Office may offer Pretrial diversion or Pretrial Intervention. Both are programs that provide conditions to the defendant that if successfully completed result in a dismissal of the charges. Florida does not offer a diversion program for DUI’s. The State Attorneys office allows the victim in most cases the…

Yes, even if your son is 15 years of age as well. In Florida, the legal age of consent is 16. Hence, even if two children who are both under the age of 16 have sex, they could both be charged with Lewd and Lascivious conduct and subsequently be labeled a sex offender. It doesn’t matter if the sex was consensual or…