What can happen to me if I get caught using a fake id to get into a club?

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 the county jail. If you, however, create a counterfeit driver’s license/id card, or possess someone else’s license, it is a felony in the third degree, punishable up to five years in state prison or 3 years probation.  Needless to say, wait til you are 21!

 

See https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0322/Sections/0322.212.html

What am I facing if I violated my probation by failing a urine test for marijuana?

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 going to recommend house arrest. I’m turning myself in tomorrow night, what can I expect?

Florida statute 316.193(2)(a2) allows incarceration for up to 6 months for a first time DUI conviction and a fine of not less than $500 or more than $1,000 for a first conviction. The marijuana charge is a first degree misdemeanor that carried with it a possible jail sentence for up to one year. Generally if you are sentenced to jail the sentence on both charges would run concurrently. You may qualify for work release if in fact you are sentenced. You should expect to sit in jail until the judge with whom you are on probation is on the bench. If you are going to hire an attorney to address this, I would consult with one prior to turning yourself in.

If I am pulled over without having my driver’s license on me, will I get arrested?

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. If your license record is checked by the law enforcement and it is not suspended, they can issue a $10.00 citation if you show proof of having a valid license at the Clerk’s office in the county is which you were stopped. If you don’t show proof by the due date, the fine goes up to $113.00

I wrote a bad check 5 years ago. Can I be prosecuted?

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 2 years after, we can file a Motion to Dismiss. If the check is more than $150, it is a felony of the third degree subject to a maximum 5 years in state prison. It has a 3 year statute of limitations. In any event, as long as you haven’t left the area for instance, moved out of state for college, the matter should be resolved in your favor.

My child was arrested for breaking into a car. If he is charged, will he be expelled from school?

Burglary of a vehicle is a felony and as such our local schools (Santa Rosa and Escambia counties) will most likely expel the child if charged. Typically, the child is not expelled or suspended for a misdemeanor charge. There are appeal procedures with the school district which allow you to bring an attorney to represent your child. Make sure to obtain a copy of the school’s conduct manual. The rules are spelled out.

Is it against the law to refuse to blow into a breathalyzer?

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 first time someone refuses to blow into the machine, no charges are filed for your failure to do so. However, it is only one time! If you are arrested again for suspicion of  DUI, and refuse to blow a second time, you will be charged with a Refusal. It is a first degree misdemeanor punishable by up to one year in the county jail.

If I have completed the terms of my sentence, can I ever get a charge off my record?

Yes, if you meet certain criteria. If you completed Pretrial Intervention, Pretrial Diversion or your charge was nol prossed (dismissed)   you can petition for Court to expunge your record. If your records are expunged, the records will actually be destroyed. However, if you pled no contest or adjudication was withheld, you can only seal the charges.  If your charge is sealed, the average person cannot see them, but the military, educators or law enforcement can. The charge must also not be on the attached list of offenses.
s.943.0585 and s.943 .059,

My child was questioned at school by a school resource officer. I wasn’t even told that it happened until afterwards. Can the statements he made to the officer be held against him?

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 days where kids would get in a fight at school and be dealt with at school. The kids are now arrested and prosecuted even for schoolyard fights.

If I am arrested for misdemeanor domestic violence battery will I have to stay in jail while my case is pending?

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 whether or not you will be given a bond.  These things include, but are not limited to, the alleged victims input as to whether or not they are in fear for their safety should you be released, your prior record, any prior failures to appear for court and your ties to the community.   Typically the Judge will grant some form of  monetary bond which would include a no contact provision and potentially some form of GPS monitoring.   That is not always the case if you have multiple prior arrests for domestic violence or the Judge has reason to believe that the alleged victim is in fear for his or her safety should you be released.  I always recommend that if you can afford to retain counsel to come to your first appearance it is worth it so that they can advocate on your behalf with regards to getting  a bond set. There are judges that do not set a monetary bond at 1st appearance  for domestic battery charges.