Florida DUI Lawyer Blog

Proving possession of paraphernalia according to the Fort Lauderdale drug lawyers of Direnzo Defense.

In order to obtain a conviction for possession of drug paraphernalia in Florida the prosecution has to prove that the objects were in the possession of the accused and were meant to be used for manufacturing, producing, ingesting, or selling drugs. For this the prosecution will often bring in expert witnesses, show that the objects were close to controlled substances, or had traces of the controlled substances on them. The prosecution can also produce written material such as instructions for using the objects as well as advertisements to help prove its case against the accused.

When an arrested person pays a bond amount, it is known as “posting bail”. The bail amount may be paid in cash or by check. Some people may also hand over the ownership rights to a property with a cash value equivalent or exceeding the bail amount. The person may also be allowed to sign a bond that covers the full bail amount. In some cases, the arrested person may sign a statement that confirms to the court that the person will appear in court at the appointed time. Bail bonds have to be purchased, and their price is usually about 10 percent of the total bond amount. For more information about posting bond, contact a Criminal Lawyer in Fort Lauderdale.

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In case of any lewd and lascivious act a person cannot use “consent” and “ignorance of child’s age” as a defense since they are prohibited by the state.

For a lewd and lascivious battery act the lawyer can fight the accused on the basis of a false allegation which can range from insane or off-balance parents influencing a child, mental sickness of the defendant, manipulation of a child by the parents, and even jealousy.

In case of lewd and lascivious molestation, exhibition, and conduct, the defendant can fight the case with the defense of a false allegation where the allegations can be same as in the case of a lewd and lascivious battery. The defendant can also raise the defense of lack of lewd intent but there needs to be a solid evidence to prove that there was no intent of lewdness.

The Romeo and Juliet Law

In 2007, a law was enacted in Florida which is known as the “Romeo and Juliet” law. This law allows particular individuals to appeal in the court for exclusion from the sex offender registry. Only those individuals are allowed to file a petition in court whose crime meet specific requirements.

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Domestic violence is a considered severe crime in Florida and the state has allowed for a petitioner to seek an immediate restraining order against the alleged offender for the protection of domestic violence victims. Fort Lauderdale domestic violence lawyers argue that this remedy is often used as a tool by individuals illegally in order to manipulate the criminal justice system and use it as a weapon. Originally the basis for the filing of a restraining order was:

1. For domestic violence

2. For repeat violence, which is issued when the parties are not “family, or household members

3. For sexual violence

The statute has since been expanded explains criminal attorney William Direnzo, such as in the new cyber-stalking statute.

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Booking follows an arrest for a DUI. During this stage the police officer is likely to ask for relevant information from the suspect, including facts such as the suspect’s name, age, and residence’s address.

At the booking stage, the police officer will also formally record the details of the alleged DUI offense and describe the circumstances surrounding the incident. This will be followed by a routine search of the police records for a possible criminal history of the suspect. Police records will be updated with the fingerprints and photographs of the suspect, and the suspect’s physical search will also be performed. The suspect will finally be detained at a police station cell or at the main Broward County Jail Located in downtown Fort Lauderdale.

In some circumstances if a law enforcement officers have a reason to suspect the presence of drugs in a vehicle (probable cause), they have a right to conduct a vehicle search without obtaining a search warrant. Investigation of a DUI suspect for being under the influence of marijuana often stems or leads to the search of a vehicle whether based on probable cause or an inventory search. The search may be conducted inside the trunk, inside the glove box, and even in the closed containers found in the vehicle.

Criminal lawyers defending a charge of drug possession can seek to establish that the defendant was unaware of the illegal or controlled nature of the drug (this requires a special motion), was in legitimate possession of the drug, for instance, with a medical prescription, that the drug was found in an entrapment operation by the authorities, or that the rights of the defendant as stated in the Fourth Amendment were violated in a search and seizure operation. A criminal defense lawyer can also try to defend on the grounds that the defendant was unaware of the fact that the drugs were in the premises controlled by them. However, this is more difficult to prove if the drugs were found on the body of the defendant or in a container held by the defendant for obvious reasons. Many persons charged inquire as to the likelihood of having a degree of felony reduced if they are able to establish that the drugs were for personal use and not for sale.

In certain situations, when an individual has been arrested on the charge of driving under influence, he or she will be given an opportunity to appear before a judge for the purpose of arraignment. The DUI attorneys at DiRenzo Defense explain that an arraignment refers to an appearance in the court where formal charges are made against the defendant, and the defendant is asked to respond to the charges with a guilty or not guilty plea. The defendant will have a few legal options to deal with the charges, and may receive an opportunity for plea bargaining. This and questions about the information contained herein should be emailed using the contact form. Attorney

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In certain situations, when an individual has been arrested on the charge of driving under influence, he or she will be given an opportunity to appear before a judge for the purpose of arraignment. The DUI attorneys at DiRenzo Defense explain that an arraignment refers to an appearance in the court where formal charges are made against the defendant, and the defendant is asked to respond to the charges with a guilty or not guilty plea. The defendant will have a few legal options to deal with the charges, and may receive an opportunity for plea bargaining.

This and questions about the information contained herein should be emailed using the contact form. Attorney William Direnzo reviews online average 5 out of 5 stars.

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The procedure that results in driver’s license suspension in a drunk driving is completely different from that of an ordinary moving violation. Under most state laws, the law enforcement officer will suspend the driver’s license even before the suspect has been convicted of the offense. Following an arrest in a DUI case, the police officer will take the driver’s license and in its place issue a temporary license that expires at a later date. The license becomes suspended on that expiry date, unless the suspects DUI lawyer has prevailed at a DMV hearing.

It is the responsibility of the person charged with DUI to request a DMV hearing. The driver’s license becomes automatically suspended by the DMV in the absence of a request for a hearing. This can take place irrespective of whether the charges are reduced later or even dismissed in a court of law. The DMV hearing provides an opportunity to the suspect to argue against license suspension by and through his DUI defense lawyer.

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When an individual decides to file a guilty plea to a DUI charge, at first he or she will be required to sign a form confirming waiver of certain constitutional rights pertaining to the case. The individual will lose the right to remain silent as well as the right to a jury trial. The form will likely include information about the potential punishment and other consequences of a guilty plea.

Covering All the Bases

In Fort Lauderdale, the judge will review the disclosures listed in the form openly in the court, while some other judges may avoid placing it on the record. Some judges insist on going over the details of the form openly so that the person who is pleading guilty to a DUI may not return later on to challenge the conviction on the basis that he or she was not adequately informed about the consequences. This does not reflect too well on the system and the judge when people make claims that no one told them what they were signing. The attorneys at “The DUI Law Office” offers some advice to anyone considering a plea to DUI in open court.

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Criminal penalties can be imposed upon individuals convicted of a DUI offense. The extent of punishment will depend on several factors, including the severity of the offense. Florida DUI laws provide for relatively lesser penalties for a first-time DUI offender. However, each time the offense is repeated, the extent of the penalties may increase. Some of the typical penalties include monetary fine, probation, community service, and imprisonment. For information about how DUI laws affect your case always be certain to consult a criminal attorney who has experience in handling DUI cases. For more information about defending against criminal charges in the Fort Lauderdale area contact Direnzo Defense, P.A. 707 NE 3rd Avenue, Suite 201, Fort Lauderdale, Fl 33304 (954-656-6230).

How is the penalty determined?

Several factors are taken into account while deciding the severity of penalties in case of a DUI conviction. Some of them are as follows:

• The primary factor that will be looked at is the previous criminal record of the individual with regard to DUI, and the general track record of driving. If the individual is a first-time DUI offender and has an otherwise clean driving record, the penalties imposed may be minimal under the law. The severity of penalties will increase, depending upon the extent of repetition of the offense.

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