George Reres

Have You Been Indicted or Charged With a Crime in South Florida?

If you’ve been indicted or charged with a criminal offense in South Florida, or if that happens to you in the future, you are going to need the advice and services of a Fort Lauderdale criminal defense attorney, and you will need to contact that attorney’s office as quickly as possible.

In the State of Florida, what is the difference between a criminal complaint, criminal information, and a criminal indictment? If you are indicted or otherwise charged with a crime in this state, what will a Fort Lauderdale criminal defense lawyer do on your behalf?

If you’ll continue to read this brief discussion of your rights and the criminal justice system in Florida, you will learn the answers that, now or in the future, you or someone you love may need.

What is a Criminal Complaint?

When someone wants to report a crime in Florida, that person must file a complaint with the police department or sheriff’s office in the city or county where the criminal act was allegedly committed. That local law enforcement agency will investigate the criminal complaint.

An investigation may find that no crime happened or that the complaint is about a civil rather than a criminal matter. If the police agency finds probable cause to believe that a crime in fact did occur, the case will be forwarded to the State Attorney’s Office.

Usually, the State Attorney’s Office will examine the case to determine if the evidence is sufficient to bring charges and move forward with a criminal prosecution. But in some cases, as explained below, the State Attorney’s Office may ask a grand jury to issue an indictment.

What is “a Criminal Information?”

In Florida, most criminal charges are filed without an indictment by a grand jury. Prosecutors in Florida generally use grand juries only for violent felony cases, and grand juries are required by the law in this state only for capital (that is, death penalty) cases.

In most instances, when the State Attorney’s Office reviews a case, that review determines if there is enough evidence to move forward with a criminal prosecution. If there is, the State Attorney’s Office will submit to the court a formal charging document called an “information.”

The information spells out the charge or charges against the defendant. At a preliminary hearing, the defendant’s lawyer may cross-examine witnesses and offer evidence on the defendant’s behalf. Preliminary hearings determine if the prosecution has demonstrated probable cause.

If You Are Charged With a Crime

Probable cause may be defined as reasonable grounds for believing that a defendant has perpetrated a crime. If you are charged with a criminal offense in South Florida, you will be brought to magistrate’s court for a preliminary hearing, where a prosecutor must prove only that there’s enough evidence – that there’s probable cause – to move forward with a criminal trial. To establish probable cause, there must be sufficient evidence or facts to lead a reasonable person to believe that a crime has occurred or is ongoing. The level of certainty required is greater than mere suspicion but less than beyond a reasonable doubt, which is the standard used in criminal trials.

If your criminal case is pending after you’ve been arrested and charged, you must act swiftly to protect yourself and your rights. Contact a Fort Lauderdale criminal defense attorney – at once – who will fight aggressively on your behalf and cast doubt on the prosecution’s case against you.

How Does a Grand Jury Work?

You may be charged with a criminal offense in Florida by an information or by an indictment. Informations are issued by the State Attorney’s Office, but an indictment is issued only by a grand jury. Grand juries are entirely unlike trial juries. They are completely different things.

A trial jury’s job is to determine a defendant’s innocence or guilt, and at a criminal trial, the prosecutor’s task is to prove the defendant’s guilt beyond a reasonable doubt. The role of a grand jury, however, is only to determine if there’s “probable cause” to prosecute the defendant and proceed with a criminal trial.

If a Florida prosecutor is required to or chooses to seek an indictment, the case is presented to a grand jury. To win that indictment, the prosecutor may interrogate witnesses and present evidence to the grand jurors.

From fifteen to twenty-one individuals comprise a Florida grand jury. Unlike trial juries in this state, which must be unanimous, it takes only twelve grand jurors to issue a criminal indictment. Media coverage of grand juries isn’t allowed, and cases may not be discussed by jurors in public.

What Are Your Rights at Grand Jury Proceedings?

Essentially, a grand jury is a tool of the State Attorney’s Office, and there will be little that you can do – or that your Fort Lauderdale criminal defense lawyer can do on your behalf – during a grand jury proceeding. For example, you don’t have a right to offer evidence to a grand jury.

Moreover, your defense attorney is not allowed to cross-examine those who testify to a grand jury. Florida’s grand juries are known for their secrecy, and a defendant could conceivably be indicted without even knowing that he or she is the subject of a grand jury investigation.

How Can You Choose the Right Defense Lawyer?

This cannot be stressed strongly enough: If you’re charged with a crime in the Fort Lauderdale area or anywhere in South Florida, you must be defended by an attorney who has handled similar cases successfully and knows how to bring your own criminal case to its best possible resolution.

The award-winning criminal defense team at George Reres Law will handle your defense with diligence, dedication, and determination. We will review the charge, examine the evidence, meet with the witnesses, and develop an appropriate, aggressive, effective strategy for your defense.

If you’re charged with a crime or under investigation for a crime, we will provide a free, in-depth evaluation of your case with no obligation. You will learn how the law applies to your own situation, and you will receive personalized advice about your rights and options as a defendant.

We know what it takes to get positive results for our clients. To learn more, or if you are charged with a crime anywhere in South Florida, now or in the future, reach out to George Reres Law by calling our Fort Lauderdale offices at 954-543-1186.

If a friend or family member shows up at your door and asks to stay for a few days, you’ll most likely say yes. But what happens if the police arrive and demand to know the current location of your new guest because they’re wanted for a serious crime? Can you get into legal trouble? Harboring a fugitive in Florida is a crime that can lead to severe financial and legal consequences, and you’ll need to know your rights to mount a successful defense.

Who is a Fugitive?

A fugitive is a person who is facing prosecution or punishment for a crime and is attempting to evade law enforcement. Generally, the fugitive has charges against them or a warrant out for their arrest, and they are trying to avoid being taken into custody by the police. They may have fled after being questioned about a case or failed to attend a hearing after getting a bench warrant. Individuals who have escaped from jail or prison are also considered fugitives.

Some fugitives may be desperate or dangerous, especially if they have committed a serious crime, and face significant consequences if arrested. Helping these individuals can be hazardous and may put you or your family in physical danger, not to mention the legal ramifications you can face for harboring a fugitive.

What Does It Mean To Be Accused of Harboring a Fugitive?

It’s not always clear if someone is a fugitive. They may appear as a friend or family member asking for cash, transportation, or a place to stay for a while. To be charged with harboring a fugitive, you must be aware that they are attempting to evade justice and provide them with some variety of aid, such as:

• Shelter
• Money
• A vehicle or actual transportation to another location
• Any assistance that could help them avoid law enforcement

Knowledge and intent are crucial factors in an accusation of harboring a fugitive. Simply providing help to someone is not enough to warrant a criminal charge. The prosecutor must prove that you knew the individual had escaped from custody or had a warrant out for their arrest.

What Consequences Could You Face?

It is critical to get professional legal help if you have been charged with harboring a fugitive since the penalties for this crime are severe. The consequences for a conviction vary depending on the details of the case and whether you are facing state or federal charges or both.

Florida Penalties

Under Florida statutes, a person who knowingly harbors a fugitive is guilty of a third-degree felony. If convicted, you could face up to five years in prison and a $5000 fine.

You could also be charged with Accessory After the Fact if you aided a fugitive who committed a felony. The penalties for Accessory After the Fact are based on the severity of the original felony charge because it is a derivative crime. In most cases, the penalties for this crime are two levels lower than the original felony offense level committed by the fugitive, as assigned by Florida’s Criminal Punishment Code.

Federal Penalties

In addition to state charges, you could be charged with a federal offense if the fugitive has a federal arrest warrant or escaped after a conviction for a federal crime. The exact penalties for this crime are based on the circumstances of the case but can be as much as ten years in prison, with thousands of dollars in fines.

What Are Your Defense Options if You’ve Been Accused of Harboring a Fugitive?

An experienced criminal defense attorney can help you defend yourself from the charge of harboring a fugitive. In these cases, it is vital to remember that the burden of proof falls on the prosecution to show beyond a reasonable doubt that the following facts are true:

• The person you harbored had a warrant out for their arrest or had escaped from custody.
• You knew the individual was a fugitive from justice.
• You took specific steps to aid the fugitive.
• You acted with the intent to help the fugitive avoid arrest by the authorities.

If you assisted a fugitive and only found out later that they were on the run from the law, you still may be able to defend yourself from charges. Options include showing that you stopped helping them once you found out about their warrant or proving you took steps to help in their capture, such as informing the police of their whereabouts. You may also be acquitted if you can show that you acted out of fear for your safety due to threats made by the fugitive.

Florida Harboring a Fugitive Exemption for Close Family Members

Florida is one of a few states that grant an exemption to prosecution for harboring a fugitive if the individual who was harbored was a qualifying close family member. This means the state can’t charge you if you protect your spouse, parent, grandparent, child, or grandchild from apprehension by the authorities.

However, this rule does not apply if the fugitive is accused of certain crimes, such as murdering a minor or committing child abuse. It’s also important to note that federal law does not grant this exemption, so you could still potentially face federal charges.

How Can a Criminal Defense Attorney Assist with Your Case?

It can be scary and frustrating when your kind-hearted attempts to help a friend or family member result in criminal charges. However, it’s important to remember that the prosecution only has a valid case if you knew the person you were helping was a fugitive. You also cannot be charged under Florida state law for harboring a close family member in most cases, regardless of whether or not you knew about their warrants.

Our skilled defense lawyers at George Reres Law, P.A. can help if you have questions about a harboring a fugitive charge. Call our Fort Lauderdale law firm at 954-543-1186 to learn more.

What Charges Can You Face for Manslaughter?

Manslaughter is a homicide charge in which someone is accused of killing another person without malicious intent. In simple terms, being charged with manslaughter means your actions caused someone’s death, even if you did not intend to kill them. This charge is less serious than murder because it does not involve premeditation but can still result in years of prison time.

Understanding the varieties of manslaughter charges and the potential penalties you could face is vital if you’ve been arrested for this crime in Florida. The state’s statutes regarding manslaughter are complex, and knowing when you could be facing a first, second, or third-degree felony charge can quickly become confusing. Trusted counsel for driving under the influence can explain what you need to know about manslaughter. Contact our office today for the knowledgeable legal counsel you need.

What Are the Categories of Manslaughter in Florida?

Technically, Florida does not have first and second-degree manslaughter charges. However, you can be charged with a first or second-degree felony based on the category of your manslaughter charges and if there are any aggravating factors.

Voluntary or Involuntary Manslaughter

Some states clearly differentiate between an unpremeditated killing that was purely unintentional and one where the accused intended to harm the victim. These crimes are known as involuntary and voluntary manslaughter, respectively. A crime of passion where a person becomes enraged and makes a split-second decision to stab someone could be an example of voluntary manslaughter. The defendant intended to hurt or kill the victim in the moment, but it was not a planned action and was the result of a strong emotion. Involuntary manslaughter covers most accidents where a person acted negligently or recklessly and caused a death but had no intent to do so.

Under Florida statutes, there is no legal differentiation between involuntary and voluntary manslaughter, and both are charged as a second-degree felony. However, in court, the judge or jury will likely take all circumstances of the homicide into consideration. Cases involving involuntary manslaughter often result in lower penalties than voluntary manslaughter cases. The maximum penalties for a second-degree felony are 15 years in prison, up to 15 years of probation, and a fine of $10,000.

Vehicular or Vessel Homicide

This type of manslaughter charge may be applied if an individual engages in the reckless operation of a motor vehicle or a boat in Florida, including driving under the influence of drugs or alcohol (DUI), and it results in the death of another person or unborn child. Vehicular or vessel homicide is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. Additionally, state statutes allow the court to sentence the person to serve 120 hours of community service in a hospital or trauma center that frequently treats victims of car accidents.

The charges for vehicular or vessel homicide can be increased to a first-degree felony if both of the following are true:

• The defendant knew or should have known they were involved in an accident.
• The defendant failed to render aid, seek medical assistance for victims, or inform necessary authorities of the accident.

Aggravated Manslaughter

Aggravating factors are circumstances in the case that can result in an enhanced charge. Aggravated manslaughter is a first-degree felony, and the potential prison time for a conviction increases dramatically to up to 30 years.

You could be charged with aggravated manslaughter if the victim was any of the following:

• A police officer, firefighter, emergency medical technician (EMT), or paramedic who was on the job at the time of the incident.
• An elderly or disabled individual.
• A child under the age of 18.

Other situations that could result in aggravated manslaughter charges include using a firearm or other deadly weapon in the commission of the crime and having a history of violent crimes.

Other Varieties of Manslaughter

Florida statutes specify three other types of manslaughter charges:

• Assisting self-murder: If an individual knowingly and deliberately helps another person to commit suicide, they can face second-degree felony charges.
• Commercial exploitation of self-murder: If a person or venue conducts an event where they are or should be aware that an individual will engage in an actual self-murder, they can be charged with a third-degree felony, which can be punished by up to five years in prison.
• Unnecessary killing to prevent an unlawful act: It is legal in Florida to take actions to protect yourself from harm if you believe your life or the lives of those around you are in imminent danger, such as shooting a person who is attacking you in your home. However, if you unnecessarily kill someone, even if they are committing or have tried to commit a felony or other unlawful act, you could be charged with a second-degree felony for manslaughter.

How Can a Criminal Defense Lawyer Help?

A manslaughter charge is extremely serious. Even if you didn’t intend to kill anyone and do not pose a danger to others, you could face first or second-degree felony charges.

Though the penalties are not as severe as they are for capital murder, they still usually include prison time and hefty fines. A skilled criminal defense attorney can evaluate your case and determine the optimal legal strategies to get your charges reduced or dismissed. However, time is of the essence because manslaughter cases can progress rapidly, and crucial evidence can be lost, forgotten, or destroyed.

If you or a loved one are facing manslaughter charges or are the subject of a manslaughter investigation, you should seek immediate legal representation. Call George Reres Law, P.A. today at 954-543-1186 to discuss your case and defense options.

What Is the Difference Between Murder and Manslaughter?

Murder and manslaughter are both considered homicide, meaning someone died due to another’s specific actions. But there are critical differences between them, starting with the fact that murder is done with malicious intent, while manslaughter is typically unintentional. As such, you will face different penalties for murder compared to manslaughter if you’re convicted in Florida. To find out what you should know about these two types of homicide, you should consult a Fort Lauderdale criminal defense attorney for the skilled legal guidance you need.

How is Murder Defined?

Murder is the illegal, intentional killing of a person. The decisive factor determining if a killing is murder is whether it was done deliberately and with malice aforethought. If the police have reason to believe you purposely killed someone or intended to cause them grievous bodily harm, then a murder charge is likely.

The disturbing moral implications of an individual possessing the intent to unlawfully take someone’s life make murder one of the most severe criminal charges possible. Subsequently, a conviction has major consequences to your life.

What Penalties Can You Face if Charged With a Murder in Florida?

If you are being tried for murder in Florida, the potential punishment for a conviction is life in prison. However, the penalties can vary significantly based on the specific murder charge brought against you and the skill of your lawyer. Understanding the charges and possible consequences involved in your case is crucial. Under state law, there are three different degrees of murder in Florida.

First-degree Murder

First-degree murder is the most serious type of homicide. If you have been charged with first-degree murder, the prosecution is contending that the act was premeditated, meaning you planned it ahead of time. You can also be charged with this crime if you kill someone while committing a felony, such as drug trafficking or carjacking.

First-degree murder is a capital felony that exposes you to the most stringent punishments. If you are convicted, you will be sentenced to life in prison with no possibility of parole. Under certain circumstances, the prosecution may even press for the death penalty because Florida is a state where capital punishment is allowed.

Second-degree Murder

Second-degree murder is also the intentional killing of someone, but the key difference from first-degree murder is that it’s not premeditated. Generally, second-degree murder is an act committed in the heat of the moment. The accused didn’t take the time to think about their actions or consider the consequences before they harmed the victim, or they were mentally unable to do so. This is known in Florida as “Murder with a Depraved Mind.” This murder charge is also possible if an individual was an accomplice to a felony act where someone was killed, regardless of whether or not they were an active participant in the killing.

The mandatory minimum sentence required by state statutes is 16 ¾ years of incarceration. If a firearm was used in the commission of the crime, the minimum charge increases to 25 years in prison. The maximum penalty is life imprisonment.

Third-degree Murder

In Florida, a third-degree murder is an unintentional and unplanned killing that occurs during the commission of a non-violent crime. If convicted of third-degree murder, you could spend up to 15 years in prison. The main exception to this rule is when an individual provides drugs to a victim, which results in their death. This unique situation can lead to a first-degree murder charge, even though the individual did not intentionally cause the victim’s death.

What is Manslaughter?

If you’re charged with manslaughter, the police believe you killed someone without malicious intent. It means your actions did lead to someone’s death, but you did not intend to kill them. Manslaughter can occur in many different ways and may sometimes be caused by obviously negligent actions. Still, without the “mens rea” (“guilty mind”) that is present in a murder, the defendant will be considered less culpable for their actions. There are two different categories of manslaughter.

Voluntary Manslaughter

Typically, voluntary manslaughter happens in the heat of the moment during situations where one party has an emotional reaction that causes them to intentionally kill someone. Common examples are bar fights and domestic disputes. Voluntary manslaughter is split by Florida state law into two categories:

• Manslaughter by Act: The defendant committed a negligent act that was unjustifiable or inexcusable, and it caused another person’s death.
• Manslaughter by Procurement: The defendant induced or persuaded another individual to perform an act that led to the victim’s death.

Involuntary Manslaughter

Involuntary manslaughter occurs when you act recklessly or negligently, leading to someone’s death, but you did not intend to harm anyone. This charge may be applied if you cause a deadly car accident by making the careless choice to speed, killing one or more people. The penalty for manslaughter is up to 15 years in prison.

How Can a Criminal Defense Lawyer Help You?

Whether you have been accused of murder or manslaughter, the penalties can be severe, and you should contact a criminal defense lawyer immediately for assistance. An experienced attorney will look for evidence that could cause the case to be dismissed. For example, the homicide may be considered excusable or justifiable, depending on the circumstances. Your lawyer may also be able to negotiate a plea deal or downward departure to reduce the penalties involved.

If your homicide case goes to trial, it is up to the prosecution to prove your guilt beyond a reasonable doubt. A skilled defense lawyer can collect evidence to support your case and protect your legal rights. To learn more about how an experienced Fort Lauderdale criminal defense lawyer can help you, call George Reres Law, P.A. at 954-543-1186.

Are You Eligible For a Downward Departure?

Every crime has sentencing guidelines that dictate what kind of punishment to expect after a conviction. In Florida, judges use the Florida Criminal Punishment Code (CPC) to determine the appropriate sentence for a convicted offender. However, if you have been charged with a felony and meet specific guidelines, it is possible to file a motion for a downward departure to reduce your sentence. If the court approves the downward departure motion, your sentence could be lowered to less than the minimum sentence for your charge.

Facing a felony charge can be nerve-wracking because years of your future are at stake. If you qualify, a downward departure could help you regain some of your life. Your Fort Lauderdale criminal defense lawyer will let you know if there’s a chance for a downward departure in your case before working toward this outcome.

What is a Score Sheet and How Does It Affect Your Sentencing?

To determine whether a person convicted of a felony will face prison time, the prosecutor will fill out a score sheet as instructed by Florida’s state guidelines, using the details of the defendant’s charges and prior record. This score sheet will be provided to your defense attorney to review and discuss with you. Your attorney may challenge the scoring if they disagree with the prosecution’s methodology.

Every felony offense has a score assigned to it. As the severity of the felony increases, so does the score. Additional felonies and certain details of the crime, such as firearm use or a previous conviction, have their own scores that will be added to the total. Some circumstances relating to the crime can even result in the total being multiplied by 1.5 to 2.5. Examples of multipliers can include:

• Gang-related activity
• Drug trafficking
• Acts of domestic violence in front of children under 16
• Grand theft of a motor vehicle

If the score is below a certain threshold and the charge was a third-degree felony, the defendant will likely not face prison time unless they are considered a threat to the community. Overall, a low score may result in probation, house arrest, fines, or time in the county jail instead of a prison sentence. For higher scores, the judge will use the score in a formula to determine the minimum number of months the defendant must serve in prison. This will be the minimum prison sentence length unless the judge chooses to impose a downward departure on the sentence.

How Can You Qualify for a Downward Departure?

Only some people are eligible for a downward departure. In Florida, you might get this outcome when certain mitigating factors apply that make the crime less severe. Some examples of mitigating factors include:

• You played a minor role in the offense as an accomplice
• You were under intense pressure or coercion to commit the crime
• You have a legitimate plea bargain
• You did not have the ability to understand that your actions were criminal
• This was an isolated crime for which you have shown remorse
• You’re being sentenced as a youthful offender
• You committed a non-violent offense
• You have a mental disorder that requires treatment, and you agree to receive treatment
• The victim has a need for restitution that outweighs their need for you to serve a prison sentence
• You were trying to provide or get medical assistance for a person suffering from a drug overdose
• The victim provoked you into committing the crime or was a willing participant
• You committed a non-violent felony, scored low on the felony score sheet, and agreed to attend a drug treatment program.

Keep in mind that downward departure is not an option for capital felonies or crimes with a minimum mandatory sentence. If these don’t apply to your situation, your attorney will review your case and let you know if a downward departure is an option.

How Can You File a Motion for a Downward Departure?

If your lawyer sees at least one mitigating factor in your case, the next step is to file a written motion for a downward departure. Your lawyer will need to provide the judge with a written statement that explains why you deserve a lesser sentence for the crime. The motion should cite case law and highlight what evidence makes you qualified for less severe penalties.

The judge will review the motion for a downward departure before the sentencing hearing. You might have to provide testimony or have one or more experts testify on your behalf at the hearing. It is ultimately up to the judge’s discretion to approve the downward departure. If the judge imposes a downward departure, they are required by law to either produce a written statement or an oral statement with a written transcript explaining why they believe the reduction in sentencing is appropriate.

What Happens If the Request Is Approved?

If the judge approves the request for a downward departure, your punishment will be less than the lowest possible sentence. For instance, if the sentencing guidelines document for the crime you committed usually recommends a sentence of five to ten years in prison, you will get less than five years if your downward departure is approved.

Depending on your circumstances, you could potentially eliminate prison time altogether. With a downward departure, you may be sentenced to probation, community control or other penalties instead. If you’re interested in learning if this is a viable option for your case, call our Fort Lauderdale law firm at 954-523-3811 to speak with an experienced criminal defense lawyer.

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 skilled attorney for Fort Lauderdale traffic violations 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.

Consult a traffic violations attorney today 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  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.