Driving under the influence is the act of operating a motor vehicle while your blood alcohol level (BAL) is above the legal limit, or while under the influence of certain types of drugs. Impaired driving is to blame for thousands of serious and fatal vehicle accidents on our roads. In the United States, someone dies from a wreck involving a drunk driver every 48 minutes, and the cost of those accidents are up to $50 million annually.

That’s why Florida, like nearly all jurisdictions, has made DUI a criminal act with varying degrees of punishment, including temporary suspension of the offender’s license, fines, and/or jail time. The state can also order a driver to use an ignition interlock system that prevents the car from starting until he or she has taken a dashboard-mounted breathalyzer-type test.

The penalties get tougher depending on how many prior offenses a driver has, as well as how high his or her blood alcohol level was at the time of the offense. Age also plays a role; Florida has a zero-tolerance policy for young people who drink and drive. That means that anyone under the age of 21, with a BAL above 0.02%, can be charged with DUI.

When facing a DUI, choosing the right South Florida DUI attorney can make all the difference in your case.

• First, you must understand that you need representation. It’s rarely a wise idea to represent yourself in court, particularly when you’re facing criminal charges of DUI. It’s good to have someone on your side who understands the law and how it applies to your unique case. Even if you feel that it’s an “open and shut” case, there may be factors that you aren’t aware of that may change the outcome.
• When choosing an attorney, first look for someone who has experience with cases involving DUI in Florida. Then you’ll need to narrow it down to a lawyer with whom you feel comfortable.
• Look into a prospective attorney’s track record. How many cases does the attorney typically handle at once? Some lawyers handle a large volume of cases, which in some instances may result in their clients not getting much individual attention.
• Try to find out how many of the lawyer’s Florida DUI cases go to trial. Sometimes, attorneys who handle impaired driving will plea bargain most of the cases that come their way, just to get them over with.
• While plea bargaining can be necessary and useful in many DUI situations, evidence in some cases calls for more investigation and/or a trial. For example, in some cases there may be evidence that the police didn’t administer the sobriety tests correctly or that you were unlawfully stopped in the first place.

You should feel comfortable with your prospective attorney and be completely honest with him or her. Being honest with your attorney is a vital part of having a successful case. Many attorneys offer a free consultation where you offer a basic overview of your case and listen to the lawyer’s advice regarding how to proceed.

Contacting an Attorney after a DUI in Florida

Driving under the influence has serious consequences in Florida. You can face the loss of your driver’s license, fines, and imprisonment. If you’ve been charged with DUI, speak with a criminal defense attorney as soon as possible. Contact the law office of Falk & Ross at 305-741-6997.

How the program works differs from county to county, but most include a supervisory component that requires the accused to check in once or twice per month, pay a nominal supervision fee, and keep the court advised of any changes of employment or address.

When someone is arrested for a non-violent criminal offense inFlorida, that person must be brought before a judge for release conditions within 24 hours. The Florida Bar Criminal Procedure Rules Committee voted unanimously to mandate that accused individuals be afforded the right to an attorney at their first appearance, so a public defender is typically assigned to handle the hearing unless the accused has opted to self-represent or has hired a private criminal attorney.

If you have been arrested in Florida, a criminal attorney may be able to negotiate your release on recognizance, so when you or someone you love is facing criminal charges, be sure to call a lawyer first – 877-663-5110.

If you’re simultaneously caught with marijuana possession, for instance, it’s likely you’ll be charged with possession of paraphernalia as well, because the intent of the device is obvious. In either case, you should consult with a South Florida criminal attorney.

Possession of drug paraphernalia is a relatively minor offense and occurs quite commonly. Because it’s a complex affair to prove whether or not an object is intended for use (or has been used) as a drug apparatus, Florida’s criminal code specifies certain details that must be clarified before a charge of possession can be assessed against a suspect.

Those factors are:

• A statement by the owner or someone in control of the object that overtly states or strongly implies its intended use;
• The proximity of the apparatus to drug substances;
• The proximity of the apparatus to some other violation of the drug paraphernalia laws (for instance, if you are found with one pipe that has clearly been used and another that has not, you may be charged with two counts of paraphernalia possession);
• The way in which the object is displayed, positioned, or decorated;
• Any evidence, whether circumstantial or direct, that the owner or individual in control of the apparatus delivered it to a person that he or she knew intended to use it to violate drug laws;
• The scope of legitimate use of the object;
• Expert testimony that concerns the object and the manner in which it is used. 

This is not a complete list, and you should speak with a criminal attorney who is experienced in handling marijuana possession and drug paraphernalia cases. Contact us to schedule a FREE consultation today. 

Statutes for Florida Curfew Laws 

The Florida statutes section 877.22 outlines the basics of the Florida curfew laws. These laws consider a minor to be anyone under the age of 16 and restrict their presence in public places or establishments as follows:

• between 11:00 p.m. and 5:00 a.m. Sunday through Thursday;
• between 12:01 a.m. and 6:00 a.m. on Saturday, Sunday, and legal holidays; and
• between 9:00 a.m. and 2:00 p.m. if the minor was expelled or suspended from school and it’s a school day.

Therefore, if your teen is out on a Friday night past midnight in a public establishment, such as a park, they may be taken into custody by a police officer. Juvenile defense attorneys in Miami Beach are familiar with this situation and can give your family the advice and help you need to save your child’s juvenile record.

Remember that each county and city can adopt their own specific curfew laws as long as they’re constitutionally sound. There’s also some exemptions from these laws, such as if the minor is accompanied by a parent or guardian, or if they’re going to/from work, school, or religious event.

Penalties for Curfew Violations in Florida 

If this is your child’s first curfew violation the officer will normally give them a written warning that’s recorded in their juvenile record. As long as there were no other criminal charges involved, this is usually the end of the situation. Since this written warning does go on file, if your child is again caught violating curfew, they may be taken into custody.

Secondary curfew violations are considered civil infractions and come with a $50 fine per violation. Upon being taken into custody, your child will be transported to a police station or curfew program center. Attempts will be made to contact their parents and release them into their custody. If this is unsuccessful within 2 hours, or if the parents refuse to take custody, the minor is transported to their residence.

These penalties can increase depending on what your child was doing when they were caught violating Florida curfew. Vandalism, burglary, and other types of criminal mischief are all commonly associated violations seen in curfew cases. Aside from the civil infraction, they may face misdemeanor or felony charges depending on the severity of the other criminal events.

Your Legal Rights as a Parent When Your Child Violates Curfew 

Your minor child’s actions can impact your own life if you’re not careful with how you handle your case. Experienced juvenile defense attorneys in Miami Beach work with the entire family to make sure your legal rights are protected if your child faces criminal charges.

You’ll be notified by police if your child is charged with a curfew violation and it’s your responsibility to take custody of them after the police have finished recording the incident. After this, you should contact juvenile defense attorneys in Miami Beach to discuss the potential impact this has on your child’s juvenile record.

A juvenile record can be detrimental to your child’s future if they don’t take care to have it sealed or expunged. While curfew violations are only civil infractions and small fines, they do appear on this record and have the potential to jeopardize your child’s future. To make sure your child’s juvenile records are properly removed when they become adults, juvenile defense attorneys in Miami Beach can help.

Contacting Experienced Juvenile Defense Attorneys in Miami Beach 

Juvenile defense attorneys in Miami Beach focus on defending your child’s rights and helping them understand the consequences of a juvenile criminal record. If your child is facing criminal charges in Miami Beach, your legal team is your best defense. Contact the juvenile defense attorneys in Miami Beach at Falk & Ross to discuss your case – 1-877-663-5110.

Instead, the accused swears in writing that he or she will appear as requested at the given court date or dates for hearings and other court proceedings. Like most states,Florida imposes certain restrictions on what the accused is able to do and whether or not he or she has to check in with a supervisory court officer.

Should you fail to show up to court, you are subject to immediate arrest and a bench warrant will likely be issued for your arrest to bring you back under the control of the court. At that point, it’s unlikely that you will be granted bail or shown much administrative leniency going forward, so if you do accept an ROR agreement, ensure that you live up to your end of the agreement and show up to your scheduled court dates.

If you have been arrested, consult a South Florida criminal attorney for a FREE consultation – 877-663-511.

What is a release on recognizance?

Being released on one’s own recognizance (ROR) means that you are discharged from jail, but you are still individually accountable for arriving at your court date at the appointed time and date.

Being released doesn’t mean you’re out of hot water; you can still be found guilty of your charges, and if you’re found guilty, it’s possible you will face jail time. However, being released on your own recognizance does afford you the personal liberty of continuing to live your life as usual (for the most part) until your first hearing.

It also gives you an opportunity to meet with criminal attorney firms and find the right representation for you and your case. However, in order to take advantage of ROR, you must first be eligible, and not everyone will qualify for this kind of release.

Legal Help from a Florida Criminal Attorney

If you have a loved one who has been arrested and is still waiting in jail, contact a South Floridacriminal attorney at once. A lawyer may be able to reason with the court and argue for an ROR or reasonable bail. Schedule a FREE consultation with the law offices of Falk & Ross today – 877-663-511.

After you’ve been arrested in Florida, you may qualify for a release on recognizance (ROR) under certain conditions. An ROR means that you are released from jail without posting bond so that you don’t have to spend weeks or months behind bars while waiting for a court date.

However, only certain individuals will be eligible for a Florida ROR. While there are no set requirements for eligibility and the decision is often left to the judge or court official supervising the case, there are several factors that influence whether or not you will be a candidate for release on recognizance. They include:

• Instances in which the defendant has strong ties to the community, such as a family, spouse, children, etc.;
• If the defendant has lived in the area for a long time and poses no threat of attempting to flee to escape being charged;
• If the defendant is employed;
• When the defendant has no criminal record, or the previous criminal acts were minor and took place many years prior; and
• If the defendant was arrested and charged in the past and regularly showed up for scheduled court dates.

If You’ve Been Arrested, Get Legal Help from a Florida Criminal Attorney

Have you been arrested for a crime you didn’t commit? Were your rights violated during the course of your arrest, booking, or incarceration? Whatever the circumstances of your arrest, the lawyers at the Law Offices of Falk & Ross are devoted to protecting the rights of the accused inSouth Florida.

Meet with our aggressive criminal attorney team to learn about your rights in a FREE consultation about your case. Whatever you have been charged with, you have rights and they deserve to be protected – 877-663-5110.

Some recent cases of employers and school officials asking employees and students for their Facebook passwords have raised fourth amendment rights questions. The fourth amendment is in place as way to protect Americans from unlawful and unreasonable searches of their private property. 

The American Civil Liberties Union (ACLU) recently worked with a 12-year-old Minnesota student who was forced by school administrators to give up her Facebook password after a parent complained about private postings that took place off of school grounds. 

The ACLU defends that the student’s fourth and first amendment rights were violated when her postings and chat history, which are expected to be private, were searched by school employees without the student’s permission or her parent’s consent. 

Other incidences of companies asking potential job candidates to provide their Facebook usernames and passwords have also surfaced. Additionally, some colleges and universities are requiring athletes to provide this information as well.  

Just as these sites are new, so are the laws regulating their use. Until a clear line is drawn, a South Florida criminal lawyer suggests beefing up your security settings and deleting any information you would not want others to see as a precaution.  

Contacting a Criminal Lawyer in Miami 

If you are facing criminal charges in Miami, your legal team is your best defense. The defense team you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. Contact the Miami criminal defense attorney team at Falk & Ross to discuss your case – 1-877-663-5110.

What to Do If Your Child or Loved One Runs Away

• Call 911 as soon as you realize your child has left home.
• Be sure to file an official missing person report and take the name, badge number and contact information of the officer with whom you file.
• Call around and/or visit with your child’s friends, coworkers, relatives, teachers or anyone else you know who may have information about where your child has gone.
• Contact law enforcement agencies in nearby towns and cities to alert them of your runaway child.
• Call local hospitals, clinics and drug treatment facilities in your area to check for your child.
• Contact local news agencies and television and radio stations to put out a description of your child and contact information.
• If your child has a cell phone enabled with GPS technology, contact the service provider to try to track it down.
• Look for clues on your child’s Facebook page, computer, unfamiliar phone numbers on your phone bills, strange charges on your credit card, large amounts of money withdrawn from a bank account, etc.

Not only may your teen be in trouble with the law when running away, but also those who help a runaway can be at risk for legal action as well. Adults (older than 18) who shelter a runaway without the permission or consent of the teen’s parents or guardian, can be charged criminally with kidnapping, child custody interference or harboring a runaway.

Usually if the teen has not committed a crime during the time away from home, no criminal law action will be taken. However, if a teen runs away repeatedly or commits an illegal act, the juvenile justice system may become involved. A judge may recommend anything from counseling to time in a juvenile detention facility as punishment for running away.

Some of the most common reasons teens give for running away include fighting with family, abuse and/or neglect in the home, unexpected pregnancy, gang activity or pressure, drug or alcohol use, and relationship problems with a boyfriend or girlfriend. No matter the reason is for running away, the consequences can land your teen in trouble with the law.

Contacting a South Florida Criminal Defense Attorney

Your child or loved one may face criminal law charges for running away from home. To avoid a criminal background for your child, you need to hire the best defense team to take on your runaway case. A competent criminal law team can get you and your teen the help you need. Contact the criminal defense attorney team at Falk & Ross to discuss your case – 1-877-663-5110.

Crimes committed by the younger population are not uncommon, and the juvenile crime statistics show there are many different factors that comprise the minor criminal population in the United States.

Juvenile Crime Statistics

• 1 in 4 U.S. residents is under the age of 18;
• In 2009, more than 1 million juveniles were arrested for criminal activity;
• Of those arrests, 27% were younger than age 15;
• 49,900 arrests were made for aggravated assault;
• 31,700 were for robbery;
• 1,170 were for murder;
• The numbers of juvenile arrests for forcible rape were the lowest in 2009 since 1980;
• Between 2000 and 2009, the number of juvenile arrests for females increased 9%, while male arrests declined by 25%;
• 1 in 9 violent crimes committed in 2009 were attributed to juveniles;
• Between 2000 and 2009, the number of vehicle thefts by juveniles decreased by 61%;
• Arson is the most common juvenile crime with 44% of arrests attributed to those under age 18 made in 2009;
• Florida, California, Nevada, Pennsylvania and Louisiana had the highest number of juvenile criminal arrests in 2009;
• 44 states and the District of Columbia have passed laws to treat juvenile offenders in the same way as their adult counterparts; and
• 1 in 5 juvenile criminals is held in a juvenile detention facility before his or her court date.

Some states and court systems hold the parents of a juvenile delinquent responsible for paying restitution or other fines. An experienced criminal law firm can work with you and your child or loved one to get him or her the best deal through the juvenile court, so that you can both move on with rehabilitation efforts and focusing on getting back on track. A juvenile criminal doesn’t have to grow into an adult criminal. With the proper representation, this type of situation can be a small mark on your child’s record instead of a life sentence.

Contacting a Criminal Law Firm in South Florida

If your child is facing criminal charges, a competent criminal law firm is your best defense. The defense team you choose to represent your child or loved one in court can be the difference between jail time and a chance to start over. Juvenile crime cases need to be treated specially by an attorney experienced in criminal law having to do specifically with children. Contact the criminal defense attorney team at Falk & Ross to discuss your case – 1-877-663-5110.

If this situation begins to unfold around you, then once it becomes clear that you are being arrested for coercing, engaging, or soliciting prostitution, you should immediately invoke your right to remain silent and your right to a Florida defense attorney. 

Allow the police to conduct their investigation, but do not respond to any questions outside the presence of a lawyer except to identify yourself and make clear that you have chosen to invoke your 5th Amendment right. 

Some of the different crimes you may be charged with include: 

• compelling, coercing, or forcing another in some way to engage in prostitution;
• knowingly profiting from prostitution;
• knowingly renting or leasing space to be utilized for the purposes of prostitution; and
• sex trafficking involvement. 

Prostitution and solicitation are serious crimes, and a conviction could jeopardize your future as well as your freedom. Reach out to a Florida defense attorney law firm that can help.  

Contacting a Florida Defense Attorney 

If you are facing criminal charges for engaging or soliciting prostitution, your legal team is your best defense. The defense team you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. Contact a Florida defense attorney team at Falk & Ross to discuss your case – 1-877-663-5110.