Wednesday, April 28, 2010
Drug Crimes
With the addiction to prescription narcotics increasing every day, the crime rate for possession of such illegal drugs have also increased. Even a small amount of prescription narcotics held by someone who does not have a prescription could land someone in prison for several years. Many people are now using prescription narcotics while driving and being charged with driving while under the influence of a controlled substance (DUI). In any event, anyone confronted by law enforcement either in possession of narcotics or driving while under the influence of such drugs should always request a lawyer before responding to any questions from law enforcement.
Friday, April 23, 2010
DUI in Sarasota and Bradenton
DUI in Sarasota and Bradenton is a crime that affects all walks of life. Many people have a few drinks with dinner and don't realize they may be DUI when they decide to drive home. Committing the smallest traffic infraction could cause a police officer to stop you and result in an investigation for DUI. Generally, when requested to do field sobriety exercises, the law enforcement officer will be gathering evidence to use against you in court. Although you should always be polite and respectful to law enforcement, you should never feel compelled to perform field sobriety exercises. You have a right to refuse to perform any exercises even though that refusal could be brought up in court where the prosecutor will likely argue consciousness of guilt. That is, why not perform if your not impaired. Furthermore, you are not required to provide a breath sample if its your first time being charged with DUI, or you have never refused a breath test before. If you have refused a breath test before after a previous arrest for DUI, you may be charged with another crime, refusal to provide a breath test after a prior refusal. Important to realize that whether you blow or not, an attorney can challenge the DMV suspension as a result of a blow over .08 or a refusal. As always, it's very important to seek a lawyer to know your rights.
Thursday, April 22, 2010
Violation of Probation on Drug Charges
After getting my client probation on a trafficking in oxycodone and other prescription drug case, with a mandatory minimum sentence of 15 years, she violated her probation by committing a new law violation. We are now faced with keeping her out of prison again.
Burglary and grand Theft
I have a client with a burglary charge and a grand theft charge. Because the house that my client was alleged to break into and steal the appliances was a home he rented, but was no longer living there, we were able to get the case dismissed as the prosecution could not prove my client was the one who stole the missing appliances. A burglary to a dwelling charge scores mandatory prison time. We were able to have the case completely dismissed after depositions were taken.
DUI Reduced to Reckless
On a second DUI charge in Sarasota County court, my firm was able to have the State of Florida reduce the charge to a reckless driving and avoid any driver's license suspension. On a second offense, my client was facing a 5 year driver's license suspension. After winning the DMV hearing, he will suffer no license suspension. My client refused the DUI field sobriety exercises, and refused to take the breathtest. Although there was some bad driving, the smell of alcohol on his breath, his admission to drinking, we were able to get the case reduced to the lesser offense of reckless driving.
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