Criminal

According to Florida’s criminal statute of limitations, a prosecutor only has so much time to file charges against a person. In the case of serious crimes like murder, there is no time limit. In other crimes, particularly misdemeanors and non-violent felonies, a statute of limitations kicks in from the commission of the alleged crime. Here are the basic provisions as set forth by the state of Florida.

First-Degree Felony: In the case of a felony of the first degree, a prosecutor can file charges up to four years after the crime has been committed.

Other Felonies: When the crime committed is a felony other than one of the first degree, there is a statute of limitations of three years from the date the crime was committed.

First-Degree Misdemeanor: When a misdemeanor of the first degree is committed, the prosecutor has two years after the crime to file charges against the alleged perpetrator.

Second-Degree Misdemeanor: There is a statute of limitations of one year after the crime is committed in these cases.

Noncriminal Violation: When a violation is committed that is not of a criminal nature, a prosecutor has up to one year to file charges.

It should be noted that there is no statute of limitations for some crimes. This means that a prosecutor can file charges whenever they deem fit. These crimes include those that result in someone’s death, any death penalty felonies, those felonies that are punishable by life in prison, and perjury that occurs in a proceeding that is associated with a capital felony.

There are also some offenses that have special statutes of limitations. These include:

• First degree and second degree felonies for abuse or neglect of an aged or disabled adult. The statute of limitations is five years.
• Violation of securities transaction. Five year statute of limitations.
• Violation of environmental control. There is a five year statute of limitations from the date of discovery.
• Fraud or breech of fiduciary obligation. Three year statute of limitations.
• Misconduct in public office. Statute of limitations is two years of leaving office or above limit.
• Sexual offenses with persons under the age of 18.

There is an exception for any statute of limitations when the alleged perpetrator has no identifiable place of work or home within the state. The statute of limitations is extended for no longer than three years in these cases.

Any person who commits a crime may assume that they are in the clear if they are not arrested quickly. This is not the case in Florida where prosecutors have the right to file charges for a year or more after the crime is committed.

If you have been arrested and charged with a crime in Orlando or the surrounding area, reach out to our team of experienced criminal defense attorneys for assistance. We will review the details of your case and advise you of your options at no cost to you. Call today an schedule an appointment for your consultation.

As criminal defense attorneys, we speak with clients and potential clients on a daily basis. We have heard thousands of questions, and many have been asked repeatedly. There are things that most people wonder after being charged with a crime and taken into custody. This is especially true of people who have never been arrested before.

Being charged with a crime is a stressful event. Whether or not you have actually committed the crime, you could be in for months or years of dealing with the criminal justice system. Here are some of the questions that we hear most often.

1. Should I just plead guilty and avoid a trial?

In many cases, it is not a good idea for people to plead guilty simply to avoid a trial. Pleading guilty can be beneficial if the case against you is strong and you have been offered a deal, but otherwise, it can be one of the biggest mistakes of your life. When a person has been charged with a crime, they should at least consult with a criminal defense attorney before they make any decisions that could have serious consequences.

2. Can I trust a public defender?

It is a reality that not everyone can afford an attorney. In some cases, a person is assigned a public defender. These professionals have a stigma of being “less” than an attorney that people pay for out-of-pocket. Most public defenders are very bright attorneys who provide excellent service to their clients. If a person determines that the public defender assigned to them is not working to their best of their ability, the defendant may request a new attorney. But, because public defenders have so many cases and not a lot of time for yours, it may be best to hire a private attorney if at all possible.

3. Can I get a new lawyer after I already hired one?

A criminal defense attorney who you have hired is working for you. If you don’t feel as though they are doing their best, you can certainly fire them and find a new attorney. This should only be done after careful consideration. Firing an attorney midway through your case could be detrimental. Firing an attorney after a case has begun should only be done in few instances.

4. When will I be presented with my charges?

When you have been taken into custody, the prosecutor generally has 72 hours to file your charges. In some jurisdictions, this must happen even faster. It is important to know that your original charges may change after a preliminary hearing.

It’s not unusual to have questions after being arrested. The worst thing you can do is put your head in the sand and ignore the situation. Most attorneys will offer a free initial consultation and answer questions that you have. Take advantage of these free consultations and get more information.

If you have been arrested for a crime in Orlando, reach out to our team of criminal defense attorneys. We will review the details of your arrest and help you determine the best way to move forward with your defense. Call our office today and schedule an appointment for a free case evaluation. You may also choose to browse our website for more information about our firm and the types of cases we have successfully handled.

When a police officer suspects that a minor has violated the law in some way, that minor can be arrested and charged with a crime. Other options include being issued a citation or being held in custody until they can be released to their parent or guardian. Typically, these instances can be fairly straightforward and easy to resolve.

In other cases, matters become more complicated. This is true when the minor committed a crime because they were encouraged to do so or aided by an adult. When this type of crime is suspected, Lucky Patcher Apk for Android, both the minor and the adult may be arrested. Being charged with contributing to the delinquency of a minor is serious and should not be brushed off.

Contributing to the Delinquency

According to Florida law, contributing to child delinquency is defined as engaging in an act that causes or encourages a child to become delinquent. This includes any act which results in the child committing a crime. It doesn’t matter if the adult threatened, coerced or ordered the child to become delinquent. It includes enticing a child to become in need of service. “Child in need of services” is defined as:

• Running away from home;
• Become truant despite efforts to remedy the situation; or
• Disobeying a reasonable and lawful request.

The most common examples of contributing to the delinquency of a child include permitting a teenager to have sexual relations with a boyfriend or girlfriend in the home, providing alcohol or drugs to a teenager, and recruiting minors to package or sell drugs.

While children may be considered old enough to understand that they are breaking the law and will be charged accordingly, the adult in the situation often faces far stiffer penalties.

Penalties for Child Delinquency

When an adult is convicted of contributing to child delinquency in Florida, they face a variety of consequences, ranging from fines to jail time. The law considers this crime to be a misdemeanor of the first degree. An adult convicted of the crime may be sentenced to probation or jail for up to one year. Possible additional penalties include court costs, restitution and community service.

In addition to the penalties imposed by the court, contributing to child delinquency can serve to stigmatize the convicted adult. It may restrict the adult’s ability to interact with their own children and children in the community. In some cases, it can affect licensure required for employment.

Because the penalties and consequences can be severe and far reaching, it is strongly recommended that any adult charged with this crime seek the assistance of an experienced criminal defense attorney. If you have been charged with contributing to the delinquency of a minor in Florida, call our office. A member of our team will help you schedule an appointment for a free case evaluation.

Do not fight these charges on your own. A negative outcome could impact your ability to maintain or secure employment, your financial status and your freedom. We are here to help you. Call us for assistance today.

One of the things that a parent may dread the most is learning that their teenager has been arrested and charged with a crime. If this happens to you, chances are high that your first instinct will be to hire an attorney. This is the right idea, but choosing an attorney to represent your child must be done with care. Here are tips on finding the right lawyer for your teen.

1. Find a Criminal Lawyer

You can find any number of lawyers online or in the phone book. You should be aware that not all of these lawyers are well-versed in criminal law. You don’t want to hire a lawyer that deals in personal injury cases to represent your teenager who has been charged with a crime. The first thing you should look for is an attorney who specializes in criminal law.

2. Geographic Area

You may find a fantastic lawyer in another part of the state, but you want to look for one who is familiar with the local court system. The attorney that you choose to represent your teenager should have a working knowledge of the ins and outs of the court in the geographic area in which your teen was arrested.

3. Communication

Communication is key when you are working with an attorney. If you call and can’t seem to get a call back or the attorney seems disinterested or hurried, assume that that is the way you will continue to be treated and look elsewhere.

4. Honesty

Of course you want to hear that your child’s charges will be dropped and everything will turn out in a positive way, but you want an attorney who will tell you the truth. No attorney can promise results. The attorney you choose should be able to give you a realistic picture of what you can expect but not guarantee a certain outcome.

5. Cost

People assume that the best lawyers are the most expensive lawyers. This is not always the case. Cost should be considered with the factors above. Don’t forego an attorney that is more affordable because you think they must not be a good lawyer.

When your child is arrested for a crime in Orlando and you need an attorney, call our office. A member of our team will speak with you at no cost and advise you of your options. Call today for more information about how we can assist you.

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You are driving down the road and all of a sudden see lights and hear sirens coming up behind you. Your stomach drops when you realize those lights and sirens are for you. It’s something that happens to people everyday on roadways across America. For some, the stop ends in a warning. For others, it ends in what could very well be a violation of civil rights.

Many people hold the misconception that police can search their vehicle simply because they have been stopped. This is not true. The police do not have an automatic right to search your vehicle in most cases. Here are four instances when the police can legally search the passenger compartment of your car:

• There is reason to believe that there is evidence relating to the traffic stop in the vehicle.
• There are weapons in the vehicle.
• The officer believes that the vehicle may be used as a means of escape.
• The vehicle is believed to contain illegally possessed items.

The search must be limited to the areas in which the officer reasonably expects to find the items they are looking for.

For example, if you are frisked after you exit the vehicle and the officer finds you to be in possession of something illegal, the officer may have reason to search your vehicle. If, on the other hand, you are frisked, nothing is found and you are put in the back of a patrol car, the officer has no basis for a search.

You do not need to give a police officer permission to search your car. This tactic is often used when the officer does not have enough information to conduct an automatic search. Saying “no” to a police officer is easier said than done, but you are well within your rights to do so.

If you have been charged with a criminal offense in Orlando, you need experienced representation. Call our office today for a free consultation. We will review the facts of your case and advise you of your options. Call now or browse our website for information about how we can assist you.

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You and your friends go out to the bar and consume a few too many adult beverages. You know that it isn’t safe to drive home, but you don’t have money for a cab. You are considering walking home, but you have heard of public intoxication laws and you are worried that you will be arrested for walking. Here’s more information about these laws to help you make the best decision the next time around.

Appearing in a Public Place

Some states have laws that prohibit public intoxication in a public place. This may include a sidewalk, stadium or park. In some states, restaurants and bars are also included on the list of public places. Knowing what constitutes a public place is important in understanding these laws.

Under the Influence

To be considered intoxicated, you must be under the influence of alcohol, illegal drugs or a controlled substance. Public intoxication is not charged if the person is found to be under the influence of prescription medication. Most states do not require the proof of a chemical test when it comes to public intoxication. In many instances, an officer’s testimony is enough.

Disturbance or Harm

Contrary to what many people believe, you will not be charged with public intoxication for simply walking down the sidewalk. You must be posing a risk of danger or harm to yourself  or others. This means that you must be unable to walk steadily, are causing some type of disturbance with other people, or are threatening a physical altercation. These are just a few examples of what it means to be causing a disturbance. Like your level of intoxication, what constitutes a disturbance is subject to interpretation by law enforcement.

If you have been charged with public intoxication or another crime in Orlando, you need an experienced criminal defense attorney fighting by your side. Call our office today for more information about our firm and to schedule an appointment for a free case evaluation. We will review the details of your arrest and advise you of the options available to you under local and state law.

Prince, the music icon, died in the spring. Later, it was learned that he overdosed on the drug Fentanyl. Like Prince before them, hundreds of people have lost their lives in recent months due to the drug. The opioid painkiller is taking the lives of many, and most don’t have a prescription. But what is Fentanyl?

What is Fentanyl?

Fentanyl is an opioid painkiller that has become the number one choice of doctors. It first appeared in the 1960s, called Sublimaze. It was used as a cancer treatment, first as a transdermal patch. The drug is fast acting, and many doctors used it in combination with other medications. Eventually, doctors began using the drug in its other forms: lozenge, nasal spray, injection and pill.

Today, Fentanyl has made its way to the streets. Because of its misuse, it has been causing the deaths of addicts and non-addicts, including children. On the street, Fentanyl is known as “the bomb,” “magic,” “fake heroin” and “fingers.” More now than ever before, Fentanyl is being used to cut other street drugs, particularly heroin.

Symptoms of Fentanyl Overdose

The symptoms of a Fentanyl overdose are much like those seen in a heroin overdose. They include:

• Seizures
• Clammy skin
• Drowsiness
• Pinpoint pupils
• Low blood pressure
• Slowed heartbeat
• Shallow breathing

Narcan can be used to deactivate the effects of Fentanyl. Naloxone can also be used, but may have to be given in several doses due to Fentanyl’s potency.

Supply and Demand

Once Fentanyl-laced heroin overdoses began making news, demand grew. In exactly the opposite of what law enforcement expected, addicts flocked to dealers who were known to sell laced heroin, wanting the stronger drug. This has led to a vicious cycle of deaths.

Fentanyl is showing no signs of moving off the streets. If you or a loved one are addicted to heroin or other street drugs, please seek help. Fentanyl is an incredibly dangerous drug that is taking lives by the hundreds.

If you have been arrested for a drug crime in Orlando, call our team of criminal defense attorneys. A member of our team will help you schedule an appointment for a free case evaluation at which we will advise you of your options. Call now for assistance or browse our website for more information about our firm and the types of cases we handle.