Domestic Violence / Battery: A criminal charge of domestic violence may cause several problems:

An arrest for domestic violence can be used against you in a divorce, family law or child custody matter.

A conviction for any domestic violence offense will cause a lifetime ban of your right to possess a firearm under state law.
Potential employers or present employers may be reluctant to hire or promote a person who has a domestic violence arrest or conviction.
A person arrested for domestic violence will not be able to immediately bond out of jail after an arrest because no bond will be set until after you see a Judge at your first appearance.

Even if a plea of no contest is entered and the person charged obtains a "withhold of adjudication", that person will not be able to seal his or her domestic violence record, meaning others may be able to obtain information about the arrest and prosecution.

Upon entering a plea of guilty or "no contest", an individual could be sentenced to jail or a lengthy term of probation. The Court could also sentence an individual to complete the Batterers Intervention Program, which is a 26 to 29 week course, and also order a "No Contact" with the alleged victim. A violation of the "No Contact" order may cause an arrest without bond for Violation of Probation, and even a separate charge of Felony Aggravated Stalking.

REMEMBER: If you have been arrested on a domestic violence and/or battery charge, it is important that you take pictures of any injuries you may have sustained during the alleged incident. As it can take days for bruises to develop, it is important that you continue to take pictures over a period of several days to show the full extent of your injuries. Take pictures at different angles, and do not wear makeup and/or creams when taking the pictures which would make the bruises less noticeable.

Do not violate the "No Contact" bond provision imposed by the judge. Understand that the No Contact provision means you cannot return to your home even to collect any personal belongings, including clothing, without a police officer accompanying you. DO NOT VIOLATE THE PROVISION AS YOU COULD BE ARRESTED FOR VIOLATING THE COURT'S ORDER.

Sometimes the alleged victim will ask you to return to the home. Even if this occurs, do not have any contact with the alleged victim until the Court has changed or eliminated the "No Contact" provision. If you desire to have contact with the alleged victim, contact our office, and we may file a motion to modify the bond conditions to remove the "No Contact" provision in the event the victim wishes to have contact with you. Again, until the "No Contact" provision is eliminated DO NOT have any contact whether by telephone, text, letter, or otherwise with the alleged victim.

After your arrest for domestic violence/battery, it is possible that the alleged victim may obtain a restraining order against you without you even being present. To continue the restraining order, a hearing will be scheduled, usually within 10 days of the temporary order being issued, at which time you can defend yourself against the continuance of the restraining order. It is important that you obtain counsel because once the order becomes permanent or is allowed to continue, it can prevent you from returning to your home and even from seeing your children.

After an arrest for Domestic Violence has been made, it is not uncommon for the alleged victim to decide that he or she no longer wants to prosecute the case.

• Possession of paraphernalia
• Possession with intent to sell or distribute
• Possession of marijuana
• Distribution
• Possession or trafficking in prescription drugs
• Possession of cocaine
• Trafficking in cocaine
• Sale or delivery
• Driving while impaired by drugs

Confidential Informants have a motive to lie, plant evidence and make false accusations. They tend to be a person who already has a long criminal history or is facing pending charges, which gives them their motive to lie or make false statements. In other cases, the CI may set up other individuals in exchange for cash payments from the police. Obviously, the financial gain may also call the CI's credibility into question.

Actual possession means that a person is in direct physical contact with the substance. For example, holding drug paraphernalia in your hand, or having ecstasy or cocaine in your pocket, or having illegal narcotics in your purse.

Constructive possession means that the person charged is not in actual physical contact with the substance. It is proven by showing that you knew that the drug was present, that you knew the drug was illegal, and that you had control over the drug. Knowledge of the presence of the drug can be inferred from circumstantial evidence. For example, if you are in your vehicle and an illegal substance is found in it, it may be inferred that you knew of its presence. However, if more than one person is in the vehicle when the drugs are found, then the accused's knowledge of the presence of the drugs will not be inferred, and must be proven.

If you happen to be stopped while driving your vehicle by the police, it is important that you be as polite and cooperative as possible.

Politely decline to make any statement or consent to any search of your person or property, or perform any test or exercise of your sobriety.

Do not exit the vehicle until asked to do so by the police. Once you are asked to exit the vehicle, in all likelihood the officers are interested in more than just issuing a traffic ticket.

• Right to remain silent.
• Right to have an attorney present before and during any questioning.
• Right to refuse to consent to any search of your person, belongings, vehicle or residence.
• Right to refuse to consent to take any sobriety exercises or any breath or chemical tests.

DO NOT TALK TO THE OFFICER ABOUT WHETHER ANY ITEM BELONGS TO YOU OR NOT. If the officer persists in questioning you, simply continue to invoke your right to remain silent. No matter what the officer says, continue to remain silent. If you begin to speak after invoking your rights, that information can be used against you.

Your refusal to answer the officer's questions may mean that he will arrest you. However, if the officer had grounds to arrest you in the first place, it is unlikely that anything you say will ever change his mind. Usually, law enforcement continues to question you because the officer does not have enough evidence to make any arrest without your help. By remaining silent, you are not giving the officer that piece of evidence he may need to arrest you. The only information you should give law enforcement is information concerning your identity, driver's license, and proof of insurance and vehicle registration. Make sure that information is easily accessible so you can provide it to the officer if he asks for it. If you are not under arrest, you are free to end the contact with law enforcement and leave. For example, if you receive a traffic citation, you should be free to end the contact with the police. POLITELY ask the officer if you are free to go. If he does not have probable cause to detain you, he should let you go. If he continues to detain you after you ask to leave, there may be grounds to suppress any evidence that may be obtained afterward.

Possession of Marijuana: An arrest and prosecution for possession of marijuana is a serious matter. A conviction of a charge of possession of marijuana can make you ineligible for public employment without enrolling in a drug treatment program, ineligible for a Florida Bright Futures scholarship, make you ineligible for any State financial aid, and make you ineligible to obtain any State license, permit or certification without enrolling in a drug treatment program for any felony conviction, and a lifetime ban on the right to possess a firearm for any felony conviction. If you have been charged with possession of marijuana, it is important that your attorney look at the following issues which may allow any evidence to be excluded.

• Did the police have legal cause to stop your vehicle and ask you to exit the vehicle, to conduct a pat-down search of you or perform a search of your vehicle?
• Can the State Attorney prove that you were in constructive possession of the marijuana?
• Were your rights violated in the execution of a search warrant?
• Were your rights violated in the execution of an arrest warrant and seizure of evidence as a result of that warrant?
• Was the marijuana within plain view or easy reach?
• Were you entrapped by the police through the use of an undercover detective or a confidential informant?
• Did the police read your Miranda warnings to you before conducting an interrogation?
• Can the prosecutor prove that you knew the marijuana was in your home or vehicle?
• Can the prosecutor prove that you knew the illicit nature of the marijuana in your constructive possession?

The simple possession of marijuana is a misdemeanor that carries a sentence of up to 12 months in jail, community service hours, Court costs and fines, and a series of random urine screens. If all of the conditions are not met within the time given by the Court, a Violation of Probation charge will result in an arrest warrant being issued.

Overview of Florida Marijuana laws:
I. Misdemeanor offenses:
a. Possession of or delivery of marijuana in an amount less than 20 grams is a first degree misdemeanor, punishable by a $1,000.00 fine and up to 12 months in the county jail. If adjudicated guilty, your driver's license is immediately suspended for two years.
b. Possession of drug paraphernalia is a first degree misdemeanor punishable by a $1,000.00 fine and up to 12 months in county jail. There is no automatic suspension of your driver's license with a conviction.

II. Felony offenses:
a. Possession of more than 20 grams of marijuana is a third-degree felony, punishable by a $5,000.00 fine and up to 5 years in a Florida State prison.
b. Cultivation of marijuana is a third-degree felony, punishable by up to 5 years in a Florida State prison.
c. Trafficking of marijuana in an amount less than 25 pounds is a third-degree felony, punishable by a $5,000.00 fine and up to 5 years in a Florida State prison.
d. Trafficking of marijuana in an amount from 25 to 2,000 pounds is a second-degree felony, punishable by a $25,000.00 fine and up to 15 years in prison. There is a minimum mandatory 3-year prison sentence.
e. Trafficking of marijuana in an amount from 2,000 to 10,000 pounds is a first-degree felony, punishable by a $50,000.00 fine and up to 30 years in a Florida State prison. There is a minimum mandatory sentence of 7 years in prison.
f. Trafficking of marijuana in an amount greater than 10,000 pounds is a first degree felony punishable by a $200,000.00 fine and up to 30 years in a Florida State prison. There is a minimum mandatory 15-year prison sentence.

Theft/Shoplifting: Any theft charge, from a simple misdemeanor shoplifting charge to a grand theft charge, is serious because it is considered a crime of dishonesty. A crime of dishonesty can be used against you when you apply for a job or if you testify in court. Under Florida law, anyone found guilty of petit theft is required to have their fingerprints taken in court, and the Judge is required to make a written judgment to the file, which becomes part of the public record. Even if you are not convicted, your name may go into a national database used by employers when they conduct background checks. Further, prior theft convictions can increase the sentence if you are caught re-offending, and the charge may be enhanced based on a prior conviction. Theft cases include the following:

• Dealing in stolen property
• Scheme to defraud
• Larceny
• Identity theft
• Grand theft (property worth $300.00 or more)
• Worthless check
• Robbery
• Burglary
• Fraud
• Forgery
• Shoplifting/petit theft (less than $300.00)

If you have been falsely accused of a theft offense, you should act promptly before a filing decision is made by the State Attorney. For example, a shopper may have simply become distracted and forgot he was holding a certain item when he left a store. However, even if the police officer believes the shopper took the item by mistake, the officer may still make the arrest due to departmental policy. An attorney can present your side of the story to law enforcement, the alleged victim and the State Attorney to try to convince them not to go forward with the prosecution. Shoplifting may also be a symptom of a psychological problem that is best dealt with outside the court. By seeking counseling, you may be able to show the Court and the State Attorney that you should not receive a jail or prison sentence. Shoplifting or retail theft may be charged either as a misdemeanor or a felony, depending on the value of the item.

Penalties: If the value of the item taken was less than $100.00, the offense will be charged as a petit theft in the second degree, punishable by up to 60 days in the county jail, a $500.00 fine plus court costs.

If the value of the item taken is more than $100.00, the offense will be charged as a petit theft in the first degree, punishable by up to 12 months in the county jail and a $1,000.00 fine.

If the individual has been convicted of two other theft offenses, that person can be charged with felony petit theft, a third degree felony punishable by 5 years in Florida state prison, a $5,000.00 fine and court costs.

If the value is in excess of $300.00, the offense is charged as a felony retail theft, a third degree felony.

Other theft offenses: If the value of the item taken was less than $100.00, the offense will be charged as a petit theft in the second degree, punishable by up to 60 days in the county jail, a $500.00 fine and court costs. If the value of the item taken is more than $100.00, the offense will be charged as a petit theft in the first degree, punishable by up to 12 months in the county jail and a $1,000.00 fine.

If the individual has been convicted of two other theft offenses, that person can be charged with felony petit theft, a third degree felony punishable by 5 years in prison, a $5,000.00 fine and court costs. If the value is in excess of $300.00, the offense is charged as a felony retail theft, a third degree felony.

If the value of the property stolen is $100,000.00 or more, the offense is grand theft in the first degree. It is punishable by a maximum sentence of 30 years in a Florida state prison and a fine of up to $10,000.00.

If the value of the property stolen is more than $20,000.00 but less than $100,000.00, the offense is grand theft in the second degree, punishable by a maximum sentence of 15 years in a Florida state prison and a fine of up to $10,000.00.

If the value of the property stolen is more than $300.00 but less than $20,000.00, the offense is grand theft in the third degree, punishable by a maximum sentence of 5 years in a Florida state prison and a $5,000.00 fine. If the property is less than $300.00, the offense may still be charged as a third degree felony IF the item stolen is a rifle, firearm, gun or stop sign.

If the value of the property stolen is more than $100.00 but less than $300.00, the offense will be petit theft in the first degree. It is punishable by 12 months in the county jail and a $1,000.00 fine. If the value of the property stolen is less than $100.00, the charge is petit theft in the second degree. It is punishable by 60 days in the county jail and a $500.00 fine.

Bad Checks: A common offense in the State of Florida is obtaining property with a worthless check. The offense includes a situation in which a person writes a check to obtain services or property from another when the person who wrote the check knew that there were insufficient funds to cover the check. Defenses to the charge of obtaining property with a worthless check include:

• If the check is post-dated, and is accepted, it indicates to the person accepting the check there are insufficient funds in the account at the time the check is accepted.
• If the person who accepts the check is told prior to its acceptance or has reason to believe that there are insufficient funds in the bank to cover the check at the time it is accepted.
• If the person who wrote the check believed there were sufficient funds in their account at the time the check was written, then that individual did not knowingly write the check believing there were insufficient funds to cover it. For example, a person may write a check which is not honored simply because he did not properly balance his checkbook.
• If the check is for an amount less than $150.00, it is a first degree misdemeanor punishable by up to 12 months in the county jail. If the check is for more than $150.00, the offense is a third degree felony punishable by up to 5 years in a Florida state prison.

It is possible to compel the appearance of any law enforcement officer involved in your arrest at the administrative hearing. That is important because your attorney can question the police officer that made the stop of your vehicle and who arrested you. The testimony of those officers can then be used against the officers at trial if their testimony in court is different from the testimony they gave at the administrative hearing. Further, if their testimony is not credible or has weaknesses, it can be shown to the State Attorney to try to set the most favorable pre-trial plea on your behalf.

After an arrest for driving under the influence, the arresting officer will take your Florida driver's license, and you are issued a temporary driving permit. You will also receive notification of your arraignment date, either in a County Court for a misdemeanor DUI or in Circuit Court for a felony DUI. If you hire an attorney prior to the arraignment, the attorney will usually file a written plea of not guilty and waive arraignment, which excuses you from appearing at that first court date.

Prior to the arraignment date, your attorney can demand discovery from the State Attorney's office, including all documents related to your arrest in the State Attorney's possession. The attorney may also file a motion to attack or dismiss the charges filed against you.

After the arraignment, the court will schedule several docket soundings, which allow the State Attorney and your attorney to advise the judge of the status of your case and whether the case is ready to be set for trial. Your attorney can usually excuse you from appearing at the docket soundings. If the case cannot be resolved by either a dismissal of the charges or by a reduction of the charge in your case to reckless driving, the matter will be placed on the jury trial docket.

It is very important to realize that the State of Florida has significant mandatory punishments that go with a DUI conviction. The fines and court costs can amount to thousands of dollars, and you would be required to attend DUI school, perform 50 hours of community service and have your vehicle impounded for a short period of time. Further, a DUI conviction will likely cause your car insurance premium to be significantly raised for several years. Under Florida law, any driver with a DUI conviction must obtain a form from his or her insurance carrier that shows that the driver has obtained policy liability coverages of 100/300/50. You may also face higher premiums for life and medical insurance if you are convicted of a DUI.

One of the best ways to fight your DUI arrest is to file a Motion to exclude evidence in your case by:

• Showing that the arresting officer did not preserve evidence obtained against you, including video of your field sobriety test.
• Showing that the initial stop of your vehicle was without probable cause or suspicion.
• Attacking the results of your breath test due to problems with maintenance and calibration of the Breathalyzer.
• Showing that the arresting officer improperly administered the field sobriety test.
• Showing that your consent warnings were not properly given by the arresting officer, making any mention of your alleged refusal inadmissible.
• Showing that the arresting officer violated your rights by not advising you of your Miranda warnings.

If any of the evidence can be excluded, it lessens the State Attorney's chance for a successful prosecution of your case. By eliminating that evidence, the attorney can create the best opportunity for you to avoid a conviction.

Breathalyzer results: Florida law states that if you blow over the legal limit of .08, and if you fail to request an administrative hearing, your driver's license will be suspended for 6 months for a first offense, and for 1 year for any subsequent offense. During the 6 month period, there is a 30 day hard suspension, which means you cannot drive for ANY reason. After that 30 day period, you may apply for a hardship driver's license that may allow you to drive under certain restricted circumstances, including to and from work. If you refuse to submit to a chemical test to determine the level of alcohol in your system, there may be severe consequences. If you refuse after being advised of your implied consent warnings, then your license may be suspended for 12 months. During that one-year suspension, there is a 90 day hard suspension, which means you cannot drive for ANY reason. After the hard suspension has been completed, you may apply for a hardship driver's license, which may allow you to drive under certain restricted circumstances, including to and from work.

If you previously had your driver's license suspended for refusing to submit to a chemical test, the state can charge you with a first degree misdemeanor if you refuse again. You would therefore be charged with two separate offenses, a DUI and a second refusal. It is possible you could win the DUI case and still be convicted of the refusal charge.

The strongest evidence the State usually has in a DUI case is the result of a chemical test showing you were intoxicated with alcohol, prescription drugs or a controlled substance. If you refuse to submit to that test, then obviously the State does not have that evidence. However, the State Attorney will attempt to admit evidence that you refused to submit to the test. The State will argue your refusal shows a guilty conscience or belief that if you submitted to the test, it would show that you were intoxicated from alcohol or impaired by prescription drugs or other controlled substances. However, if the State violated your constitutional or statutory right to an attorney before the test is asked for, the Court can exclude the evidence that you refused to take the test. It is more difficult for the State Attorney to take a case to trial if you have refused the chemical test because the most important piece of evidence, the test result, does not exist. HOWEVER, REMEMBER THAT BY REFUSING TO TAKE THE TEST YOU MAY LOSE YOUR LICENSE FOR A 12 MONTH PERIOD.