George Reres

If your Florida driver’s license has been suspended and you’re caught driving during the suspension, you will be charged with a crime. In most cases, this charge is a misdemeanor, but if this is the second time or more that you’ve been caught driving on a suspended license it could be a felony. You can also face being designated as a Habitual Traffic Offender and lose your license for years. This can be a serious situation, and hiring a criminal defense attorney is essential for the best chances of reducing penalties or even dismissing the charges altogether. Contact a Fort Lauderdale lawyer today for your best chances of legal success, and read on to learn about the consequences of driving with a suspended license in the state of Florida.

When Is Driving with a Suspended License a Misdemeanor?

According to Florida Statutes Section 322.34, if this is a person’s first time being caught driving with a suspended license, they will likely be charged with a second-degree misdemeanor. The consequences of this crime could include up to 60 days in jail and a maximum fine of $500.

The second time that a driver gets arrested for driving with a suspended license, they will likely be charged with a first-degree misdemeanor. This is more serious than a second-degree charge, so the sentence could be up to one year of jail time and up to $1,000 in fines.

Though these charges are misdemeanors instead of felonies, you shouldn’t take them lightly. Even a short stint in jail or a few hundred dollars in fines could have cascading effects on your personal life and leave a permanent negative mark on your driving record. If you have been caught driving with a suspended license, contact a legal professional immediately.

When Is This Charge a Felony?

In most cases, if a driver is pulled over and charged with driving with a suspended license for the third time, they will face a third-degree felony charge. This typically means they could be sentenced to up to five years in prison, and they might have to pay up to $5,000 in fines.

In addition to prison time and costly fines, drivers could have to deal with other serious and long-lasting consequences. For example, if a driver has been charged with driving with a suspended license three times in five years, they will be labeled a Habitual Traffic Offender, or HTO, by Florida’s Department of Motor Vehicles and will lose their license for the next five years after the third arrest. They will also have to wait at least one year to apply for a hardship license to drive to work or school.

Drivers can also face this charge and become designated with Habitual Traffic Offender status if they have been convicted of two offenses defined under Florida Statutes Section 322.264, including the following:

• Any felony involving a motor vehicle
• Driving under the influence, or DUI
• A voluntary or involuntary manslaughter charge while driving
• Driving with a suspended commercial license
•  Not providing aid to people injured in a vehicle crash, as required by Florida law

Habitual Traffic Offender status is crippling and could affect your family, friends, job, and more for years to come. This status is something that should be dealt with immediately and with the help of a trained legal professional.

What Should You Do If You’re Charged with This Crime?

Getting a license restored in Florida can be possible through two different legal avenues: vacating current or past driving offenses, or by applying for a Florida hardship license.

While not impossible, trying to get Habitual Traffic Offender status revoked before the mandatory five years is up can be extremely difficult. Drivers have thirty days from their conviction to contest it, and they can also file a Motion to Vacate in court if they believe that this or any prior charge is erroneous. This is a tall order and will require the knowledge of an experienced criminal defense lawyer.

Drivers can apply for a hardship license in Florida under certain circumstances, such as if they have to provide transportation for their children, or if they need to commute to work. It does not restore full driving privileges however, and will limit your travel to necessary trips only. Applying for a hardship license takes four steps:

• Sign up, pay for, and complete a twelve hour Advanced Driving Improvement course
• Apply for a hardship hearing
• Turn in an Advanced Driving Improvement proof of completion and a hardship hearing application to the local Administrative Reviews Office
• Pay any other fees related to hardship reinstatement

After completing these four steps, all proper documentation should be turned in to a hearings officer, who will then examine it and see if the driver qualifies for the hardship license. This is a time consuming and costly process, with fees adding up into the three digits or potentially more, and does not even guarantee that a hardship license will be granted.

A conviction for driving with a suspended license in Florida has serious consequences. That’s why you should never ignore or accept this charge, and should explore every option to have your driving privileges restored. You owe it to yourself to talk to a Fort Lauderdale criminal defense lawyer to determine your legal options.

An experienced attorney will work hard to get your criminal case dismissed or reduced to a lesser charge with fewer penalties. There are several possible defense angles to take, such as stating that you didn’t know your license was suspended or that you were not the person driving.

Your lawyer will carefully review the details of your case before choosing the right way to fight the charges. Call our Fort Lauderdale law office at 954-523-3811 today to learn more about your legal options.

If you feel anxious or are unable to communicate clearly when the police interrogate you, you are definitely not alone. Many people get nervous when approached by police, whose tactics and approach may make it difficult to answer questions accurately and calmly. In these situations, it’s okay to say you don’t know the answer, but you should never lie or otherwise falsify information.

This is because in some cases you can be arrested for lying to a police officer, especially when the false information concerns a crime or a currently active investigation. The charges associated, known collectively as Giving False Information, can range from misdemeanors to full blown felonies, and many come with both financial penalties and possible jail time.

Giving False Information charges can be difficult or even next to impossible to successfully dismiss if you try to take on Florida’s legal system alone. Your best bet at a favorable court outcome is to hire a criminal defense lawyer to review the details of your case and properly defend you in court.

When Is Lying to Police a Crime?

While you should never falsify information or otherwise lie to law enforcement, not every situation in which you didn’t give the proper information will get you arrested. Florida Statute 837.055 defines lying to the police as “knowingly and willfully giving false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation”. So, if you accidentally give inaccurate information or don’t tell the truth while chatting with the police about the weather or something else unrelated to the specific case being investigated, it’s not necessarily a crime and you would not be charged with Giving False Information. However, if you knowingly lie while being asked about the commission of a crime and provide incorrect information, in an attempt to try and keep a friend or family member out of trouble, it’s a criminal offense that could get you arrested and charged. This tactic is an almost surefire way to end up with possible prison time or hefty fines and should be avoided at all costs.

Similarly, if the police ask for details regarding a case currently being investigated, such as a missing persons case, you could be arrested for providing false information or lying in an effort to draw out or otherwise impede the investigation process. Whether you purposely give the wrong information or claim you don’t have any information when you do, you’re committing a crime under Florida law and, if caught, will have to suffer the legal and personal fallout for that choice. The best way to avoid this is invoke your right to remain silent and and to have the proper legal representation in court to tell your side of the story.

What Are the Penalties?

If you lied to the police, you might be worried about the consequences of being arrested and charged. The penalties for this crime vary depending on whether you have prior convictions and how important the information you lied about was, but all charges are serious ones with significant financial, legal and personal implications, and should not be brushed off or treated lightly.

If you give false information about a crime that is not a capital felony and it’s your first offense, you will be charged with a first-degree misdemeanor. This could result in up to one year of jail time or probation plus a $1,000 fine.

If this is your second time being caught lying to police, you’ll be charged with a third-degree felony. This could lead to up to five years in prison or probation plus a $5,000 fine. You would face the same penalties if your lie concerned a capital felony, even if it was your first time caught lying.

What Are Possible Defenses for Lying?

Once you have been formerly charged with Giving False Information and are going through the legal courtroom proceedings, the prosecution must prove that five things occurred during the interrogation or questioning, detailed as follows:

• You knew you were talking to a police officer or other law enforcement official
• The person asking you is currently a police officer or other law enforcement official
• Demonstrably false or inaccurate information was given
• You knew that the information was false or inaccurate
• The information pertained to as is a part of the crime being investigated

The only way to have the charges stick is for all five factors to be true beyond doubt, so if any of them are questionable or open to interpretation, it means that the charges could either be lessened or even dismissed outright.

If you’re accused of lying to the police, you need to hire a Fort Lauderdale criminal defense lawyer to create the right defense strategy for your case. Your legal team can prove that you did not know the information was false or that you did not know that the person you were talking to was a police officer, then the charges or sentence could be lessened or even dismissed. Don’t leave things to chance or enter the courtroom unprepared. Get help from an experienced legal professional immediately to have the best chance of avoiding felony charges or even jail time.

To find out what defense would work best for your case, call our law firm at 954-523-3811 to talk to an attorney about your legal options today in an initial consultation with one of our knowledgeable attorneys.

Discovery is one of the most critical stages in preparing for a trial. This is when the prosecution and defense teams get together to exchange all the information and evidence they have before they present it at the trial. The point of discovery is to make sure neither side feels ambushed or unprepared during the trial, as they should already know what evidence the other side has. The discovery process also allows both the prosecution and defense to prepare for witnesses by giving them the chance to arrange a deposition to hear their statements and ask questions.

If your case is moving toward trial, you should learn the basic facts of the discovery process in Florida and then ask your lawyer any questions you have.

What Do Lawyers Collect During Discovery?

When lawyers begin the discovery phase, they can request access to various documents that could help them prepare the case for trial. This might include police reports, receipts, emails, bills, inspection reports, or other relevant documents. To obtain these documents, the lawyers will often use a subpoena. A subpoena is a court order that requires a person to provide requested evidence, appear at a deposition to testify, or attend a court hearing.

Lawyers can also request interrogatories, which are answers to any questions they have about the details of the case. To submit an interrogatory, a lawyer from the other side will send a list of written questions to the opposing lawyer that they wish to have answered by a specified individual. The written answers to these questions must be returned within a set time limit. The people who answer these questions must write their responses under oath to ensure their validity and accuracy, but their attorney is allowed to help them craft their answers. The number of questions in an interrogatory is limited by court rule, but the exact number varies by jurisdiction.

Additionally, attorneys can use discovery to request that people involved with the case submit depositions. In some cases, plaintiffs or defendants may be asked to undergo mental or physical exams for the purpose of verifying their claims. If certain documents play a key role in your case, your lawyer can request that the documents face an expert examination to ensure that they are genuine. Your Fort Lauderdale criminal defense lawyer will determine what to ask for during discovery based on the details of your case.

What’s the Most Common Method of Discovery?

Among the most valuable tools in discovery is deposition. This is a statement that’s given under oath and out of court. It allows attorneys on both sides to ask questions and get answers from any witness involved in the case, with the responses being recorded on video or a written transcript, or both.

The witness being deposed is known as the deponent. Depositions usually start with an oral examination, after which a lawyer from the opposing side will cross-examine the deponent. All parties are allowed to question the deponent during the proceedings. While both lawyers are present for the deposition, they cannot directly coach the deponent during their deposition and their ability to object to any line of questioning is limited.

When Can Deposition Testimony Be Used at Trial?

The point of a deposition is to ensure both sides know what will be discussed at the trial. However, because depositions are performed out of court, they are generally considered “hearsay” and are inadmissible in court, except in three key situations:

• If the witness contradicts their deposition during their trial testimony.
• If the party makes an admission to something that is against their interests during the deposition, such as admitting to a crime.
• If the witness is unavailable for the trial.

If any of these circumstances occur, then the deposition information becomes relevant and can be admitted for use in the trial.

How Can You Prepare for Your Deposition During Discovery?

A deposition can be nerve-wracking for many people, but your defense lawyer can help you prepare so you can face the process with confidence. Before you attend the deposition, they will likely discuss the rules governing the proceedings, what documents you will likely be seeing, potential questions you may face, and general guidance on how to answer those questions and conduct yourself in the courtroom. Some tips for a successful deposition include:

• Tell the truth: Be honest, but do not guess at answers if you are unsure. It is ok to say, “I don’t know” when you are uncertain.
• Do not volunteer information: Only provide the information that directly pertains to the question. If there is a long silence after your reply, stay calm. Some lawyers use silence as a technique to make deponents uncomfortable so they continue sharing information.
• Remain polite and composed: A deposition is the opposing lawyer’s chance to see your demeanor and how you may look on the stand at trial. They may ask personal or uncomfortable questions to check your reactions. Try to stay courteous, even if things become heated.

When Does Discovery Take Place?

Discovery takes place early on in the trial preparation process. However, it’s not the first step, as your lawyer usually focuses on any hearings you have first, such as the arraignment hearing.

After that, your lawyer will start preparing your case for trial, at which point they will request discovery. This process can take anywhere from several weeks up to a few months, as it takes time to gather documents, depositions, exam results, and more.

If you have questions about the discovery phase of trial or any other element of your case, you can get thorough answers from a caring, skilled lawyer when you contact our Fort Lauderdale law office. Call 954-523-3811 to get the legal guidance you deserve.