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Showing posts from May, 2016

ARREST RECORDS: Dismissals, Adjudication Withheld, and Expungements

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The Haunting Record Of Arrest Many people believe that if their criminal case was dismissed or they had adjudication withheld they do not have an arrest record. Another common belief is if they did not go to jail they weren't arrested. These two misconceptions come back to haunt people everyday. The Courts may also be part of the problem. I hear too often from too many different people that they were told they did not have a record because they received a withhold. I Wasn't Arrested - Misconception #1 If you ever had to go to court to answer to a criminal charge you were arrested. This can be confusing because most of us believe being arrested means going to jail. This is not true. All criminal cases must start with an arrest. For many minor offenses you may not go to jail. You may simply be given a Notice to Appear [NOA]. A NOA directs you to appear before a court for an arraignment. The date you receive the NOA is your arrest date. The NOA is technically an arrest. My Case …

Felonies, LIO, and Your Client's Future

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Be Aware of Your Client's Future As criminal lawyers we try to do the best for our client. This means working out the best possible resolution to the case. We often are concerned about the penalties and how they will affect our client's life. What we often forget, though, is what effect the record will have on their life. "Great News! The Offer Is To Plea To A Misdemeanor" When representing defendants in felony cases we often think of an amendment to a misdemeanor as a victory. This is especially true the more serious the felony. Getting it knocked down to a misdemeanor means he or she won't lose rights, won't be a convicted felon, and won't have to deal with a scoresheet for sentencing.
Those are all great achievements however, just because you got the burglary of a dwelling knocked down to a simple trespass doesn't mean your client is "off the hook." The Hook That Is An Arrest Record An arrest record is just that - a record of arrests. Th…

Traffic Tickets: 30-days, Late fees, and DL Suspensions

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Traffic Tickets And The 30-Day Window When you receive a traffic ticket in Florida you are told (or you are notified by the content of the ticket) that you have options on how to handle the ticket. These options are called "elections." The big three elections include: Paying the ticket.Going to driving school.Setting ticket for a hearing. All elections must be made within 30-days of receiving the ticket. If you fail to make an election within those first 30-days the following happens: The Clerk of Court assesses a late fee.The Clerk of Court notifies the Department [DMV] that you are late.The DMV begins the process of suspending your license. The DMV process to suspend your driver's license begins when they are notified by the Clerk of Court that you have failed to make an election within the 30-day window. When the DMV receives this notice they do the following: Send the Driver a letter to the last known address that they failed to make an election.The letter will have a …

Traffic Tickets, Accidents, and Dash Cams

The Dash-Cam as an Answer to Everything When you receive a ticket that you are positive the police issued to you in error or you are in an accident that you are ticketed for but you think wrongly - you think "Dash Cam." The idea of the dash-cam usually passes through your mind after-the-fact. These little devices can be valuable since they can create evidence that can easily be introduced in court for your defense.

Shortcomings and Longcomings of the Dash-Cam The problem with the dash-cam is two-fold. First, many people who get a dash-cam place it facing forward on their front windshield. This gives them a great forward but limited view. You may want to buy another dash-cam for the rear window. One thing you do not want to do is pull out a camera and start recording law enforcement after you have been stopped. Most Officers don't care about dash-cam recordings. They respect your ability to protect yourself and to prove them wrong (if they were wrong). However, when you …