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According to Florida DUI law, your license will be suspended as of the arrest date for 6 months for the first offense and one year for any other offense of DUBAL. You will be given a 10-day permit on the date of the arrest. Once the permit has expired, then 30 days of the suspension must be served before the driver is eligible to apply for a hardship license. You will be eligible for a hardship license on the first and any consecutive suspension, unless you have been convicted of a DUI in Florida two or more times. Under the Florida DUI law, you must provide proof...
Florida requires that the driver have actual knowledge that his license is suspended or revoked for him to be guilty of a crime. State records that show notice has been sent to the driver create a rebuttable presumption that the driver did in fact have knowledge that his privilege to drive had been withdrawn.
This principle of notice as knowledge applies to all suspensions or revocations except for suspensions for failing to pay for a ticket and financial responsibility suspensions (failing to maintain insurance coverage on your vehicle or failure to pay child support)....
A person may not drive a motor vehicle upon a highway in Florida unless he or she has a valid driver’s license. Any person who retains a driver’s license because of employment or part-time residence shall, upon qualifying for a license in Florida, be issued a driver’s license which shall be valid within this state only. A person may not operate a motorcycle unless he or she holds a driver’s license that authorizes such operation. To prove the criminal offense of No Valid Driver’s License (NVDL), the State Attorney must prove beyond a reasonable doubt that the...
With over 1200 miles of beaches, Florida is a boater’s paradise. But beware. A little afternoon sunshine and the smell of alcohol on your breath can land you in jail. As with Driving Under the Influence (DUI), Boating Under the Influence (BUI) is a serious crime in the Sunshine State. BUI arrests may be made by the Coast Guard, city police, or Fish and Wildlife officers.
Penalties:
1st offense: punishable by...
Sometimes, the difference between a standard Driving Under the Influence (DUI) charge and a DUI Manslaughter is only a matter of seconds and/or a bit of bad luck. However, while these two crimes are very similar in nature, the penalties that you will be facing on a DUI Manslaughter are much, much tougher.
Because the Florida Criminal Punishment Code requires the imposition of 120 “victim injury points” when a death occurs in one of these cases, the average DUI Manslaughter client will be looking at a minimum...
Here’s an example of the minimum mandatory prison sentences for Trafficking in Hydrocodone, Trafficking in Oxycodone, or Trafficking in Heroin: if you are caught with:
a. 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment...
If you get arrested with 25 (it used to be 300 plants before July 1, 2008) or more cannabis plants, in Florida State court, that is evidence of intent to sell or distribute, a 2nd degree felony with a maximum penalty of 15 years prison and $10,000 fine. There are minimum mandatory prison sentences and fines depending on the amount of pot you are caught with.
For the purpose of this paragraph, a plant, including, but not limited to, a seedling or cutting, is a “cannabis plant” if it has some...
Here’s an example of the minimum mandatory prison sentences for Trafficking in Hydrocodone, Trafficking in Oxycodone, or Trafficking in Heroin: if you are caught with:
a. 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment...
If you are facing charges involving guns or other illegal weapons, it is important to protect your legal rights. We have extensive experience defending clients against a wide range of weapon charges, including those involving:
Possession of an unlawful weapon
Carrying a concealed weapon
Stealing firearms from military members
Convicted felon in possession of a firearm...
Many people have never heard of antitrust laws, but enforcement of these laws has become more prevalent over the last few years and Mr. Grieco has handled many of these investigations. The federal government enforces three major federal antitrust laws, and most states also have their own. Essentially, these laws prohibit business practices that unreasonably deprive consumers of the benefits of competition, resulting in higher prices for products and services.
The three major Federal antitrust laws are...
The individual seeking an injunction is called the Petitioner while the person defending the claim(s) is the Respondent. Our firm has extensive experience representing individuals on both sides on the aisle in these matters, as we also both defend the accused in Domestic Violence criminal cases and work with victims.When one seeks an injunction, either as a result of dating violence, repeat violence or stalking, he or she personally appears at the Family Courthouse and both petitions the court for a permanent injunction and generally seeks...
Battery is defined as an unlawful and intentional touching or striking of another person against the will of that other person. A person who commits such a battery commits a misdemeanor of the first degree which is punishable by up to one year in the county jail. [Florida Statute 784.03] If you have committed a prior battery, and were found “guilty” of the prior charge, even if adjudication was withheld – you may be charged with a felony battery on a second or later battery, which becomes a third degree felony punishable by up to five years in the state...
Health care fraud in Miami is a serious crime which is investigated by the FBI’s Financial Crimes Section [hereinafter FCS]. The mission of the FCS, in the FBI’s words, “is to oversee the investigation of financial fraud and to facilitate the forfeiture of assets from those engaging in federal crimes.” FEDERAL BUREAU OF INVESTIGATION, Financial Crimes Report to the Public, A1 (May 2005), also available here (last visited March 7, 2008), [hereinafter FCS Report]. The FCS is divided into four sections, one of which is the Health Care Fraud Unit...
Fraud for Housing/Property: involves illegal actions such as minor misrepresentations regarding income or employment history by the loan applicant for the purpose of acquiring a primary residence under false pretenses.
Although borrowers in this case may exaggerate income and conceal debt, they usually have all the intentions of repaying the loan.
Fraud for Profit or Industry Insider Fraud: involves about 80% of all reported mortgage fraud losses. This category of fraud is more serious...
Fraud for Housing/Property: involves illegal actions such as minor misrepresentations regarding income or employment history by the loan applicant for the purpose of acquiring a primary residence under false pretenses.
Although borrowers in this case may exaggerate income and conceal debt, they usually have all the intentions of repaying the loan.
Fraud for Profit or Industry Insider Fraud: involves about 80% of all reported mortgage fraud losses. This category of fraud is more...
In the past, juvenile crimes were often overlooked. Today, juveniles are being prosecuted at a higher rate. Moreover, there is a current trend for the State of Florida to “direct file” criminal charges in adult court. It is now common to see 16 and 17 year-old children being charged as adults.
There is a big difference between the juvenile court system and the adult court system. There are many benefits to having your case remain in juvenile court. Overall, the goal of the juvenile justice system is to rehabilitate...
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