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Criminal Charges that Result in a Driver's License Suspension
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In Florida, it is a
2nd degree misdemeanor
punishable by 60 days jail and a $500 fine to leave the scene of an accident with property damage.
If you leave the scene of a crash that involves and injury, you could be charged with a third degree felony, punishable by 5 years prison and/or a $5000 fine. Read More
Experienced Florida Criminal Defense Trial Attorneys
Possession of a Firearm by a convicted
Felon is aggressively prosecuted and severely punished in Florida. Florida Statute 790.23 States:
- It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
- Convicted of a felony in the courts of this state;
- Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
- Convicted of or found to have committed a crime against the United States which is designated as a felony;
- Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or
- Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.
The Adams Law Firm, P.A. has attorneys
ready to talk and to help resolve you
violations affecting you and your loved
ones. We understand how disruptive and traumatizing a Violation of Probation can be to your family. A violation of probation is different that allegations of a crime, because:
Lower standard of proof;
- No right to a trial by jury
- No right to bond
- No right to remain silent
- Hearsay is admissible
- Less bargaining power with the prosecutor
I am a former state prosecutor who has
extensive experience on both sides of the
courtroom. I will fight to protect your legal rights and resolve the criminal matter in the most favorable manner possible given your specific situation. This will vary for each client and may include:
Negotiating to have the charges dropped or dismissed
Negotiating to have the charges reduced
- Negotiating for a pretrial diversion program
- Negotiating for probation in lieu of jail or prison
- Proceeding toward trial when all other options have been exhausted
Can you Seal or Expunge my Criminal
Record? In order to Seal or Expunge
your criminal record it must be determined that you are eligible to do so. The Florida Department of Law Enforcement (FDLE) is the governing body who determines whether or not a person is eligible to Seal or Expunge their criminal record. If you have been adjudicated guilty (or adjudged delinquent as a juvenile) of any misdemeanor or felony crime, then you will not be eligible to seal or expunge your criminal record. This includes a conviction for DUI, Reckless Driving or Driving while license suspended (DWLS). In order to Seal or Expunge your criminal record, the case that you seek to seal or expunge must be resolved, including any probationary periods.
Florida aggressively investigates
and prosecutes sex offenses, including conducting undercover decoy stings for Traveling to Meet a Minor and Peer to Peer network stings for child pornography.
Possible punishment includes:
Imprisonment in the Florida Department of Corrections
- Life time registration as a Sexual Offender
- Life time registration as a Sexual Predator
- Civil Commitment for life
- Sex Offender Probation
Possible Defenses Include:
Filing (C)4 Motions to Dismiss
- Filing Pretrial Motion to Dismiss based on Entrapment
- Motions to Suppress Evidence based on illegal police activity
- Fighting the charges in trial
To prove the crime of (crime charged)
the State must prove the following
three elements beyond a reasonable doubt:
1. (Defendant) possessed a certain substance; 2.The substance was (specific substance alleged); 3. (Defendant) had knowledge of the presence of the substance.
In addition to the standard possible punishments, if you possess a certain about of drugs, you may be charged with trafficking and subject to Minimum Mandatory Sentencing. The threshold for trafficking is as follows: Cannabis: 25 pounds or 300 plants, Cocaine: 28 grams, GHB: 1 kilogram, Hydrocodone: 4 grams, LSD: 1 gram, MDMA (Ecstasy): 10 grams, Oxycodone: 4 grams
Driving under the influence of
alcohol or drugs is a serious criminal offense. You will need an experienced DUI lawyer to fight for you. A conviction for a DUI can lead to incarceration and your license will be suspended. There are substantial consequences to you and your family.
Florida recognizes a broad
right to self-defense. Florida's self-defense statutes states:"Use of force in defense of person.—A person is
justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force." In Florida, a person can even use deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013.