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Drug Possession

If you or a loved one has been charged with a drug crime , you need to understand that the potential consequences can be quite severe.   A conviction for a drug charge can result in prison time, lengthy probationary periods, high fines, and suspension of your driving privileges.   An experienced criminal defense attorney may be able to help you avoid these dire consequences.   Whether you have been charged with possession , possession with intent to sell , or drug trafficking , an experienced drug crimes lawyer will explore some of the following defenses to fight your case: Illegal Search and Seizure The Fourth Amendment to the United States Constitution is a safeguard of justice and protects people against unreasonable searches and seizures of either self or property by government officials.   In this scenario, a skilled drug crimes lawyer will evaluate your case to determine whether law enforcement had probable cause to stop your vehicle or to search your car or your pers

I Have Been Arrested for DUI, Now What?

Unlike most criminal cases, DUI cases seem to affect the broadest demographic of clients.   According to the Centers for Disease Control and Prevention (CDC), in 2014, over 1.1 million Americans were arrested for DUI.   If you have been arrested for DUI, there are some things that you need to know. In the State of Florida, an arrest for a DUI will not only result in a criminal charge, it will also result in an Administrative Suspension of your driving privileges through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) if you refused to provide and blood, breath, or urine sample, or if you provided a breath test in excess of the legal limit. As frightening as the prospect of having to appear before a Judge to answer to the DUI charge might be, your first concern should be in regards to your driving privileges.   You only have 10-days from the date of your arrest to either apply for a hardship license or to file an Application for a Formal Review Hearing.  

That's Not Meth

On December 11, 2015, an Orlando man was arrested for a felony charge of Possession of Methamphetamine .   The resulted from a traffic stop as the Orlando man was exiting an Orlando area 7-11.   Orlando police officers claimed that they had stopped the man’s vehicle for failing to come to complete stop as he was exiting the convenience store parking lot. According to the arrest affidavit, Orlando Police Officer Shelby Riggs-Hopkins wrote that she “observed in plain view a rock like substance on the floor board where his feet were.”   When questioned about what was found, the man advised that what she was looking at was sugar from a Krispy Kreme donut.   This eleven-year veteran of the Orlando Police Department retrieved the observed substance and conducted a field test.   The substance produced a positive result for amphetamines.   When questioned further about the substance, the 64-year old man advised Officer Riggs-Hopkins that the substance was sugar. Rather than conduc

Traffic Ticket Quotas

The Winter Springs Police Department is currently being investigated for a program where Officers were rewarded for meeting and/or exceeding citations issued and arrests made during a week in September.  During the weekend of September 10th, more than 100 citations, warnings, and arrests were made.  A discovered internal handwritten memo titled, "Delta Shift Weekend Competition" offered points to the officers for cases ranging from a traffic ticket to a DUI arrest.  The winner of the contest would be able to "float" for a pay period and would get a surprise. On July 1, 2015, Florida Governor Rick Scott signed a law that forbids local governments from having traffic ticket quote programs.  Many believe that this law ensures transparency in government and prevents the exploitation of motorists.  This investigation into the Winter Springs Police Department being conducted by WFTV News 9 could create issues for the agency. If you were issued a civil traffic infracti

Changes to Florida Minimum Mandatory 10-20-LIFE Law

Florida Senate Bill 228 was drafted as an act relating to mandatory minimum sentences.  On October 1, 2016, it was enacted into law by amending Florida Statute 775.087.  The amendment deleted aggravated assault from the list of convictions which carry a minimum term of imprisonment if during the commission of the offense the convicted person possessed a firearm or destructive device.  It also deleted the term aggravated assault from the list of convicts which carry a minimum term of imprisonment if during the commission of the offense the convicted person possessed a semiautomatic firearm.

Changes to Florida Firearms Law

The Florida Legislature has enacted an act making it a crime to threaten terror or acts of violence towards public officials.  Senate Bill 436 was signed into law and created Florida Statute 836.12.  This statute defines the terms "family member" and "law enforcement officer."  Senate Bill 436 also amends Florida Statutes 790.163 and 790.164 by creating the crime of falsely reporting the use of firearms in a violent manner against a person or persons.

Criminal Defense - Escape

Claudio J. Poillot was serving a 48-month prison sentence for a felony conviction.   While in state custody and being housed at the Kissimmee Community Center, Poillot began employment with a construction company, JS & Son Construction Services through the work release program.   The work release program permitted Poillot to work outside of the correctional facility from 6:00 a.m. to 6:00 p.m., Monday through Saturday.   On July 29, 2014, he left the Kissimmee Community Work Release Center and timely reported to work at JS & Son Construction.   Shortly thereafter, Poillot left his place of employment without permission and was unaccounted for until he timely returned to the work release center before 6:00 p.m.   Upon his return, Poillot was arrested and charged with escape pursuant to Florida Statute §944.40.   Subsequently, the trial court granted Poillot’s Motion to Dismiss and the State appealed. The Fifth District Court of Appeals reversed the lower court’s decision,