If you a pedestrian, what part of the street do you walk on?

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, walk only on the shoulder facing traffic which may approach from the opposite direction. The fine is only $15,  but that’s $15 I want to keep.https://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=pedestrian&URL=0300-0399/0316/Sections/0316.130.html

Can I install spyware on my spouse’s phone or computer?

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 for subsequent offenses if for commercial gain or destruction. In other cases, it is a second degree misdemeanor. Read the statute below for thinking about planting spyware.

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,