Falk & Ross, PA

Overview of Florida’s Ignition Interlock Program

South Florida Criminal Attorney — Sun, 31 Mar 2013 11:41:22 +0000

There are numerous penalties that can be enforced when someone is convicted of a DUI. In Florida, it could result in the ignition interlock program being implemented. This prevents individuals from starting and operating a vehicle without first passing a Breathalyzer test.

When can an ignition interlock become mandatory?

There are several scenarios in which this can happen. Most often it occurs on second or subsequent convictions. Depending on how many convictions, it could be required for a minimum of one or two years.

There are times when it can also be mandated upon a first DUI offense. This would be the case if blood alcohol content is 0.20 or higher, there was a minor in the vehicle at the time, or if court ordered.

How does the ignition interlock system work?

In order to start the vehicle, the person must breathe into the device. About five minutes later the device will beep and the driver must breathe into it again. This happens in 30 minute intervals.

Once the individual has breathed into the device, the information is recorded. It is then sent to the Florida Department of Motor Vehicles (DMV).

Am I required to pay the costs of installing the ignition interlock device?

Those who have been charged with a DUI and must comply with the program have to pay all related fees. It costs $70 for installation, which may be covered by any fines that have to be paid. There is also a monthly fee of $67.50 for monitoring and calibration.

Florida DUI arrest statistics indicate a high number of arrests for drinking and driving. With the potential to face significant penalties and the inconvenience of this system, it may be helpful to consult an attorney if facing charges.

Overview of Florida’s Ignition Interlock Program is a post from: Falk & Ross, PA

Penalties for a DUI in Florida

South Florida Criminal Attorney — Sat, 30 Mar 2013 11:36:18 +0000

When someone is facing a DUI charge, the penalties can be significant, even for a first time offense. Because of this, those facing charges for drunk driving in South Florida may benefit from seeking legal counsel. It could be possible to have the charges reduced or even dismissed in some cases.

Penalties Following a DUI Arrest

A first time DUI offense can result in jail time. The length of time depends on the blood alcohol content (BAC) level and if a minor is in the vehicle. If it’s less than .15, a maximum sentence of six months could be given. For anything above that or with a minor inside the vehicle, it could be as much as nine months.

The amount of a fine is also dependent on the BAC level. Less than .15 could result in a fine ranging from $250 to $500. Higher levels could bump the fine up to as much as $2,000.

The driver’s license could be suspended anywhere from 180 days to one year but there could be other penalties enforced such as:

vehicle impoundment;

installation of an ignition interlock device;

community service; and

attending a DUI school.

While the legal BAC limit is .08 for individuals 21 and older, underage individuals may be arrested for DUI if BAC is .02 or higher. Driver’s license may be suspended six months for first offense, and up to a year for subsequent offenses. Those under 21 but 18 or older may face misdemeanor or felony charges, while minors may face driver’s license suspension as well as additional penalties.

Florida DUI arrest statistics can help demonstrate the problem of DUI in the state, but a defense attorney doesn’t see an individual who is arrested as just a number. It may be possible to fight the charges or at the very least, make sure rights are kept protected by securing legal representation.

Penalties for a DUI in Florida is a post from: Falk & Ross, PA

Florida DUI Arrest Statistics

South Florida Criminal Attorney — Fri, 29 Mar 2013 22:55:29 +0000

Analyzing DUI arrest statistics in Florida can show the prevalence of the problem, along with areas in the state where it’s more common.

Although these numbers don’t indicate the type of charges and penalties faced, there is the risk of an individual facing jail time, paying a hefty fine and even losing his or her license if arrested for drinking and driving in Miami. A defense lawyer can offer legal guidance to those facing charges.

DUI Arrest Statistics in Florida

According DUI arrest statistics from The Century Council, in 2010 there were 245 minors (under 18 years old) arrested for drinking and driving. The total number of those arrested for DUI in 2010 was 52,346. So that means 52,101 arrests involved adults.

Meanwhile, the DUI arrest statistics from the Florida Department of Motor Vehicles (DMV) reports that in 2011, there were 55,722 DUI tickets and 33,625 DUI convictions, with the following breakdown as to who issued the tickets:

9,328 – Florida Highway Patrol;

21,868 – Florida Sheriff’s departments; and

23,649 – police departments.

Other DUI arrest statistics from the DMV outline the number of convictions according to counties in 2010, with the following having the highest number:

985 – Broward County (Fort Lauderdale);

1,072 – Brevard County (Melbourne);

1,383 – Orange County (Orlando);

1,561 – Palm Beach County (West Palm Beach);

1,824 – Pinellas County (St. Petersburg);

2,222 – Duval County (Jacksonville area);

2,274 – Miami-Dade County (Miami); and

3,256 – Hillsborough County (Tampa).

Regardless of what the DUI arrest statistics say, though, wherever an arrest for drinking and driving is made and by whichever agency, whether in Miami or elsewhere, those facing charges can contact a defense lawyer.

A Driver’s Rights When Stopped by Police

Florida law stipulates that drivers have given implied consent when it comes to submitting to a breath, urine or blood test. If pulled over and law enforcement requests a test, refusing to take it could result in a one-year driver’s license suspension. It could be increased to 18 months for a second refusal.

However, there must be probable cause for pulling a driver over and eventually making an arrest for drinking and driving. If this isn’t established, it could result in a charge in Miami being dismissed, which a defense lawyer can discuss.

Probable cause goes beyond having a suspicion that a crime has taken place. There must be some sort of factual information available. An example would be a police officer notices a car weaving in and out of traffic, speeding or driving far below the speed limit. These actions would likely warrant making a stop.

If a motorist is stopped for another reason, law enforcement’s request for an alcohol concentration test must also be warranted:

the person’s speech is slurred;

eyes are bloodshot; and/or

the person is stumbling, these may be indicators of impairment.

Keep in mind that one exception to not having probable cause is if the driver is stopped at a checkpoint. These are areas in which any motorist could be pulled over and arrested for drinking and driving if warranted. Florida has many of these throughout the state. If there are questions about the stop, though, individuals in Miami may consult a defense lawyer.

Drivers sometimes don’t know that questions asked by the officer don’t necessarily have to be answered. Outright admitting that alcohol was consumed or the driver just came from a party could be used against him or her. It can also be submitted as evidence later on.

At the same time, it’s important to be calm and respectful when asked questions. Simply stating that no answers will be provided without a defense lawyer should be enough for those facing arrest for drinking and driving in Miami.

There are always loopholes to look for and reasons that a DUI stop and/or arrest might not be justified. With the potential to face severe penalties, it might be a good idea to seek legal advice in Miami with a defense lawyer if arrested for drinking and driving. While DUI arrest statistics may indicate high numbers of arrests, not all arrests result in conviction.

Florida DUI Arrest Statistics is a post from: Falk & Ross, PA

Pleading Insanity to a Charge

South Florida Criminal Attorney — Tue, 26 Mar 2013 17:59:54 +0000

When a person is charged with a crime, he or she can plead not guilty and then it will be up to the prosecutor to prove otherwise. The prosecutor must prove beyond a reasonable doubt that the defendant did commit the crime. However, some people will admit they committed the crime, but plead insanity. A criminal defense lawyer may help defendants build a case demonstrating insanity.

How Insanity is Defined

In most criminal cases, there is intent by the perpetrator to commit the crime. If a person cannot understand what he or she is doing, then it may mean that the individual does not have a normal mental capacity and may not understand the consequences or right and wrong of his or her actions.

When someone is mentally ill, the general belief is that it may be better to treat the person at a mental institution than to imprison him or her.

The Moral Penal Code is enacted when pleading insanity or diminished capacity. Essentially, it means that if the perpetrator has a mental disease – which will need to be confirmed by a professional – or did not understand the criminality of his or her conduct then he or she may not have to serve time in jail and may instead be rehabilitated using psychotherapy.

However, this specific part of the law is not very clear so the person pleading insanity is relying heavily on the jury to make the decision.

Contacting a Criminal Defense Lawyer

Those accused of a crime should consult legal counsel to go over their rights during the legal process. Professional legal help is often the best strategy. A criminal defense lawyer can determine if an insanity defense is the right move for a client facing charges in Miami. Falk & Ross Law Firm can provide legal consultation and representation to individuals who are facing criminal charges.

Pleading Insanity to a Charge is a post from: Falk & Ross, PA

Pleading Self-Defense to a Charge

South Florida Criminal Attorney — Thu, 21 Mar 2013 17:57:16 +0000

A person has the right to protect himself or herself from someone trying to cause him or her harm. However, in the process, the victim may turn the tables and end up harming the perpetrator. Depending on the circumstances, the victim could be accused of a crime. In some cases, the victim may admit to an act but argue that it was in self-defense. A criminal defense attorney can help those facing charges in Miami build a defense.

Elements of Self-Defense

In this case, a prosecutor must still prove reasonable doubt to convict the individual of a crime, but in a different fashion. Because the person is admitting to the crime, the prosecutor must prove that the victim had no need to use force to defend himself or herself or that the person used unreasonable force in protecting himself or herself.

Florida and other states have “stand your ground” laws, which allow people to justifiably use self-defense to protect themselves from harm. A person cannot claim self-defense if he or she provoked the attack and then was hurt when the other person defended himself or herself.

The use of deadly force may only be justified in cases such as when the defendant first used a lesser degree of force, but it was not enough to stop the individual attacking him or her; and a person is in imminent danger of being severely injured or killed.

Contact a Criminal Defense Lawyer

Those accused of a crime are advised to seek professional legal help. A criminal defense lawyer can help determine if the circumstances of a case allow a defendant in Miami to plead self-defense. Falk & Ross Law Firm is a criminal defense firm that fights for its clients’ rights. Contact us today for a free consultation at (305) 741-6997.

Pleading Self-Defense to a Charge is a post from: Falk & Ross, PA

If my child becomes ill while in juvenile detention, can I get a medical release to take him or her to an outside doctor?

South Florida Criminal Attorney — Wed, 20 Mar 2013 19:33:26 +0000

When in juvenile detention, a medical release may be granted if the child needs medical care that cannot be handled by the onsite medical services at the facility. Of course, emergency care may also mean leaving the facility to receive proper health care services. Parents in Miami may consult a juvenile criminal defense attorney to ensure their child’s rights are ensured during the legal processes.

In juvenile detention, are medical releases allowed?

For the most part, parents are not allowed to take children to an outside doctor. Juvenile detention centers have medical services onsite to provide treatment to sick children. Most centers have medical care available 24/7 in the event that an emergency occurs. The staff may include a physician, physician’s assistant, nurse practitioner, dentist and/or dental hygienist. Access to a mental health counselor may also be available if the child requires it.

If the child requires emergency care, detention centers often have contracts with local hospitals. Therefore, youth who cannot be treated onsite will be transported to a local hospital for emergency care. In the case of a medical emergency, parents will be notified by the facility of the incident.

What about bringing medicine to my child?

Parents may bring children their medication, though. When bringing medicine to a child in a juvenile detention facility, it must be in its original container with intact labels and from a licensed pharmacy. Further, parents should inform the medical center of any medical needs of the child to ensure he or she receives proper treatment.

Parents with questions about medical care at the facility should inquire with the specific facility in which their child is being held. Parents in Miami may consult a juvenile criminal defense attorney regarding representation of their child’s rights. While a juvenile detention medical release may not be available in all cases, juveniles have a right to proper medical care onsite or off if necessary.

If my child becomes ill while in juvenile detention, can I get a medical release to take him or her to an outside doctor? is a post from: Falk & Ross, PA

What Constitutes Reasonable Doubt if Accused of a Crime

South Florida Criminal Attorney — Tue, 19 Mar 2013 20:51:45 +0000

In order to be convicted of a crime, prosecutors must prove guilt beyond a reasonable doubt. Prosecutors focus on finding any evidence that the defendant could have committed the crime, and will examine the defendant’s alibi or defense and look for any holes in his or her story.

Those facing a criminal case in Miami have the right to representation by a criminal defense lawyer who can help build a defense against the misdemeanor or felony criminal charges.

Definition of Beyond a Reasonable Doubt

The standard of reasonable doubt can vary widely in terms of the percentage by which a judge or jury must be sure that the defendant committed the crime. Some may say it’s around 90 percent, while others may argue that it should be much higher. There is no absolute number, but the main point is that there must be a very high level of certainty that the defendant is guilty.

What Defendants Must Do

The goal for a defendant in Miami is to work with a criminal defense lawyer to demonstrate reasonable doubt of guilt. This means that the defendant must prove that he or she could not have possibly committed the crime, or at least that there is some uncertainty regarding whether he or she is guilty.

This is often done by presenting an alibi. An alibi attempts to prove that the defendant was unable to commit the crime because he or she was somewhere else or with somebody who could testify that the person was somewhere at a specific time. Receipts and videotape footage could also prove that the defendant was at a grocery store or a bank, for example, at the time the crime was committed.

The alibi does not have to be presented by the defendant if he or she does not wish to give up the right to remain silent. A witness can be called to the stand in Miami by a criminal defense lawyer to prove to the court that the defendant was not at the crime scene.

However, if a defendant wishes to give an alibi, he or she typically must let the court know ahead of time so that the prosecutor has time to review the alibi and ask any questions. A criminal defense lawyer can inform clients in Miami of the proper procedures in their criminal case.

What Prosecutors Must Do

In the court of law, a defendant does not have to prove he or she is innocent. In fact, the defendant does not have to say anything. Instead, it is up to the prosecutor to prove guilt or at least a very high probability of guilt. He or she has the burden of proof to examine the elements of the criminal case and undermine or discredit any information presented in the criminal case by the defendant in Miami and/or his or her criminal defense lawyer.

The judge and jury must be convinced that the evidence proves the defendant is guilty beyond a reasonable doubt. If there is even the slightest possibility that the defendant could be innocent, then he or she cannot be convicted of the crime.

Facing charges in Miami? Contact a Criminal Defense Lawyer

Those involved in a Miami criminal case may hire a criminal defense attorney to represent their rights and build a defense against the charges. Falk & Ross Law Firm can represent individuals facing charges and help them with the case as prosecutors try to prove guilt beyond a reasonable doubt.

What Constitutes Reasonable Doubt if Accused of a Crime is a post from: Falk & Ross, PA

Penalties for Selling Controlled Substances

South Florida Criminal Attorney — Mon, 04 Mar 2013 19:21:04 +0000

Controlled substances, which include many prescription drugs, can lead to serious penalties when they are sold to others without a prescription. The punishment depends on the type of substance.

Charges for Selling of Controlled Substances

It is illegal to sell certain prescription drugs such as opioids, antidepressants, Valium and some barbiturates. Even if an individual legally receives the drugs through a prescription, it is against the law to turn around and sell or disperse them to others.

The highest charge that can be given is felony of the first-degree for trafficking certain controlled substances, such as Oxycodone– to qualify as a trafficking charge, the amount of drugs in question must exceed a certain level depending on the specific drug – in the case of Oxycodone, four grams. This can result in up to 30 years imprisonment depending on the amount possessed.

Illegal sale of certain prescription drugs less than a certain amount may result in a felony of the second-degree (Oxycodone, for example), which is punishable by up to 15 years in prison. A third-degree felony charge may result for sale of other drugs like anabolic steroids, and is punishable by up to five years in prison.

Misdemeanor charges of the first-degree may result from sale of other prescription drugs classified as Schedule V can put a person in jail for up to one year.

Penalties may be increased when children are involved or if along with the selling of the controlled substance, someone is injured or killed (for instance, an overdose).

Those who are facing charges related to selling a controlled substance, including prescription drugs, may benefit from seeking legal counsel with a defense attorney. An attorney can help individuals evaluate the charges they are facing and develop a defense.

Penalties for Selling Controlled Substances is a post from: Falk & Ross, PA

A Look at Schedules of Controlled Substances

South Florida Criminal Attorney — Wed, 27 Feb 2013 00:20:50 +0000

The Controlled Substances Act is designed to regulate certain types of medications, even those that are legal such as prescription drugs. There are five schedules the drugs may fall under, which is based on likelihood of addiction and abuse.

Schedule of Controlled Substances

The following is an explanation of each of the schedules when it comes to classifying controlled substances, including examples of prescription drugs:

Schedule I Drugs – have the highest chance of being abused and has no currently accepted medical use (ex. marijuana);

Schedule II Drugs – high chance of being abused and depended upon, but may be acceptable for medical use, but may be very restricted (ex. Morphine);

Schedule III Drugs – moderate chance of being abused or depended upon and has medical use (ex. Codeine);

Schedule IV Drugs – low risk of abuse and dependency and has medical use (ex. Xanax); and

Schedule V Drugs – lowest risk of abuse and dependency and has medical use (ex. cough medicine with Codeine).

Controlled substances are regulated by federal and state law. Because of this, even legal prescriptions may be illegal if sold without a prescription. As a result, the seller could end up serving time in prison and pay fines. Those that are charged may wish to seek legal counsel.

A Look at Schedules of Controlled Substances is a post from: Falk & Ross, PA

What is the difference between a sexual predator and offender?

South Florida Criminal Attorney — Tue, 26 Feb 2013 00:19:04 +0000

A sexual predator is a sexual offender who has been designated a predator by a court order after being convicted of a serious sex crime. Predators are those who have been convicted of a first-degree felony sex crime or multiple second-degree felony sex crimes.

Some of these offenses may include:

human trafficking;

kidnapping;

video voyeurism; and

sexual battery charges.

In Florida, both sexual predators and offenders must register as sexual offenders with the state.

Information That Must Be Registered by Offenders and Predators

Both offenders and predators are required to register with the Florida Department of Law Enforcement or the local sheriff’s office. Failure to do so could result in additional criminal penalties.

The following are just some of the types of information that are included in a sexual offender or predator’s registry:

name and any aliases;

birth date;

gender;

sex;

race;

height and weight;

eye and hair color;

telephone number;

residential and work addresses; and

information about the crime.

In addition to the identifying information, a picture must be included. All information is available to the public, and registered offenders or predators are required to maintain registration for the rest of their lives.

Juveniles may also have to register if they were convicted as an adult for a qualifying sexual offense, or if the juvenile was adjudicated delinquent after June 30, 2007 for a qualifying offense and was at least 14 years old when committing the crime.

Both adults and juveniles in Plantation and throughout South Florida may consult an attorney if facing charges requiring registration as a sexual predator or offender.

What is the difference between a sexual predator and offender? is a post from: Falk & Ross, PA