Unfortunately, today, I was contacted by someone who was arrested for a crime that causes people problems when they are seeking employment and the arrest shows up on their background check. These crimes are usually involve dishonesty, such as Grand Theft, or violence, such as Domestic Violence. Employers are not allowed to discriminate based on...
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Man’s Behaviors Causes Attorneys to Seek Release from Case
A man traveling ninety miles an hour on his motorcycle was apprehended by deputies and charged with driving under the influence. His blood-alcohol content was .167, according to reports. Upon being apprehended, the man allegedly resisted officers, cursed and even kicked at officers. The 47-year-old Gardnerville Ranchos man pleaded not guilty to drinking and driving,...
Read MoreFlorida Man Accused of Stealing More Than $900,000
A thirty-five-year-old man from Fort Myers, Florida has been charged with theft and fraud charges after being accused of embezzling over $900,000. The money allegedly was stolen from a non-profit focused on helping people with disabilities. A source states that the organization has since declared bankruptcy and is no longer operating due to a lack...
Read MoreFalse Name to Law Enforcement - Felony and Misdemeanor crime
Florida Criminal Statute 901.36. [Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders] makes it a crime to give a law enforcement officer a false name under certain circumstances. This criminal law makes it unlawful for a person who has been arrested or lawfully detained by a...
Read MoreWhat is extortion? When is a threat a crime?
Under Florida criminal statute 836.05 [Threats; extortion], extortion can be in the form of a written or verbal threat or communication. The communication may be in printed form such as an email, letter, or blog. Whenever a suspect: maliciously threatens to accuse another of a crime, or maliciously threatens an injury to the person, property,...
Read MoreFlorida First-Time Offender Gets 161 Years
A Florida man convicted of participating in a series of armed robberies has been sentenced to 161 years in prison without the possibility of parole, an effective life sentence. According to his attorney, it is cruel and unusual punishment, in violation of the U.S. Constitution. Quartavious Davis was 18 years old when he and his...
Read MoreDUI – Driving under the Influence of a Controlled Substance
Kerry Kennedy recently arrested for DUI? How does the drug Ambien affect a DUI in Polk County Florida? Kerry Kennedy, who is the niece of JFK, was recently arrested for Driving Under the Influence (DUI) after getting into an accident. She allegedly hit a tractor-trailer (semi truck) which, in Florida, would have been charged with...
Read MoreFlorida Supreme Court upholds Florida’s Drug law ruling it Constitutional.
Recently, a federal court ruled that Section 893.13, part of the Florida Comprehensive Drug Abuse Prevention and Control Act was unconstitutional because it did not require “knowledge” as an element of the criminal offense. What does that mean? Basically, it means that the prosecutor, in order to convict of numerous drug crime such as possession...
Read MoreWhy you should hire a Polk County DUI Lawyer - Part II
Why hire a local Polk County attorney for your Polk County Criminal or DUI case? Today, I was in court when a DUI attorney who was not from Polk County was in court speaking to the prosecutor. The DUI attorney wanted to know why their client had not received the video of the roadside field sobriety tests. ...
Read MoreI refused the Breath Test, how can I be guilty of a DUI?
I REFUSED THE BREATH TEST! HOW CAN THE PROSECUTOR PROVE I AM GUILTY OF DUI? Many times I get this call from DUI clients. Because everyone knows the legal limit inFloridais 0.08 on the breath test, most people do not know the rest of the DUI law. A driver is guilty of DUI if they...
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