Orlando, Florida Criminal Law Blog

If you've been pulled over on suspicion of driving under the influence (DUI) in Florida, you were probably given at least one field sobriety test and a breathalyzer was likely used to determine your blood alcohol concentration (BAC). The legal limit in Florida is 0.08; blowing at or above this number means a ride to the police station, a night in jail and a drunk driving criminal charge.

Challenging breathalyzer results in Florida is one of many defense strategies that your Orlando DUI defense lawyer may take, particularly if law enforcement used the Intoxilyzer 8000 to establish your BAC.

So, just how reliable is the Intoxilyzer 8000 -- a machine that may be the first step toward a suspended driver's license and DUI charge? As it turns out, not even the Florida Department of Law Enforcement (FDLE) is entirely sure.

The term drug trafficking often makes people think of Miami Vice with cigarette boats, gun battles in the streets and mountains and mountains of drugs. This is very rarely the case. In fact, there does not even have to be an allegation that you are trying to sell drugs to find yourself charged with drug trafficking. Simply possessing an illegal drug in excess of specified quantities is drug trafficking in the State of Florida, even if it is for personal use.

A new piece of legislation, known as Bill 1810, is currently up for consideration in the Florida Senate. Bill 1810 modifies Florida's current law regarding DUI convictions. The bill was filed by Senator Stephen Wise and may become effective as of July 1, 2012 if the Senate votes to approve it. Florida's current law requires the state to prove a person has engaged in drunk driving based on a blood-alcohol level of .08. Under Bill 1810, a person can be arrested for driving under the influence if his blood-alcohol level is .08 or higher after having operated a motor vehicle. This means, a person can be charged for a driving under the influence after having operated a vehicle as opposed to "while operating a vehicle". 

Teenagers do not relate to the problems they are creating when they get into fights in school. Parents are also unaware of just how their child's life may be affected in the future because of battery charges on their child's record. The child's educational and career opportunities may be adversely impacted.

Kids are causing trouble today just like they always have, but nowadays our children can find themselves being in arrested, in a precarious situation. What do you do when you receive a phone call from your child's school telling you that they have been taken to the police station? Perhaps you may want to contact a child criminal attorney. Kids as young as nine or ten years old could be arrested. Children being charged under the same law as an adult can be frightening. Kids being accused of small offenses such as shoving, or even larger infractions of violence, are entitled to have their Miranda Rights read to them at time of arrest.

Tomorrow is the Super Bowl, and it's the clash of the Pats and Giants! The Super Bowl is a very popular event for friends and family to get together to enjoy the game. Even those that aren't normally inclined to watch football games may opt to watch the Super Bowl,  if not for the game, the commercials and always extravagant halftime show. For many people, it's also an excuse to enjoy some alcoholic beverages alongside some fun snacks and grilling. Whether at private parties or at bars or restaurants, many Super Bowl viewers will imbibe while they enjoy the game. When the party's over, there are a lot of intoxicated people needing to get home for the night.

Mortgage fraud. Insurance Fraud. Check fraud. Even theme park ticket fraud. All involve some type of dishonesty. Depending on the severity of the dishonesty, all can land you in jail or prison. Or, as previously discussed on this blog, like Casey Anthony, may land you on probation for a period of months or years. Not to mention the possibility of restitution, or being ordered to pay back any money that was acquired through fraud.

If you face a criminal fraud charge, your Orlando fraud lawyer can explain the penalties you may face if convicted. The good news is that fraud can be very difficult to prove -- and it's the state's job to prove that you committed a criminal act, not yours -- and many instances of alleged fraud may not be fraudulent at all.

Probation in Florida is a Serious Matter!

When the courts place a convicted offender on probation in Florida, it can have extensive consequences for that individual, not only during the probation term but for years to follow. Just some of the penalties for violating probation can include paying court fees, working at community service hours, completing substance abuse treatment or any other counseling directed by the court, taking drug tests, abiding by curfew or residential restrictions, wearing an ankle bracelet and spending time in jail. In addition, after the offender's release from probation, he will have a criminal record which can stay with him for years. This can affect his ability to find gainful employment, secure loans or insurance and even find the housing he wants. 

A poor decision in a moment of weakness, or hindered by the rationale of an immature juvenile mind, may greatly impact a person's future. If a "not guilty" or "no contest plea" were entered, one might want to look into having their record expunged. Misdemeanors can be sealed, along with a number of felonies. Something as simple as sealing your record could prove to help your future tremendously. Consider the following consequences of having criminal records made available to the public: