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…

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…

If you are arrested for domestic violence battery the bond amount is automatically set at “No Bond” and  you will be brought before the first appearance Judge within 24 to 48 hours (typically w/in 24 hours) to address probable cause for arrest and the possibility of a bond.  The first appearance Judge will take into consideration numerous factors as to…

Yes. The state attorney’s office has complete discretion to file charges in adult court against a juvenile.  You may think that being under the age of 18 insulates you from adult charges, but it doesn’t.

Yes, in the state of Florida, if you are adjudicated guilty for a drug related offense (other than possession of drug paraphernalia), you will lose your driver’s license for 2 years.

If you look on your driver’s license, you will see in fine print that the state of Florida deems the right to drive as a privilege.  If an officer has a reasonable belief that a driver is impaired by drugs or alcohol, the person is brought to the county’s jail. There, the individual is asked to breathe into a breathalyzer.  The…