Did you know?

Florida statute 856.022 makes it a first-degree misdemeanor for certain people convicted of sexual offenses to loiter or prowl within 300 feet of a place where children are congregating. The statute also makes it a misdemeanor of the first degree for a person convicted of certain sexual offenses to be knowingly present at any childcare facility or school occupied by students in pre-kindergarten through 12th grade without providing written notification or notifying the school owner or principal of their arrival and departure or for failing to remain under the direct supervision of the designated school chaperon during the visit. Normally these types of behaviors are not criminalize as they are benign. However the statute creates what the law calls status offenses where certain people’s prior history’s become limiters on their freedoms concerning places that they can congregate.

What does full coverage mean?  Nothing at all!

Many clients come to us after they are involved in a motor vehicle accident and the first thing they tell you is, “I am not worried, I have full coverage!”  Most times they don’t understand what actual coverage they have. Full coverage simply means you have comprehensive and collision on your policy and if you get into a motor vehicle accident your vehicle will be repaired regardless if you are at fault or not for said collision.  Full coverage does not mean that you have Bodily Injury or Uninsured/Underinsured Coverage under your policy. You would need this coverage in the State of Florida if you are involved in a motor vehicle accident to cover third parties, if you are at fault, or to recover your own injuries if the at-fault party does not carry Bodily Injury or is uninsured.

If you are not sure what coverage you need to be fully protected in case of a motor vehicle collision, don’t hesitate to contact our office. We would be more than glad to review your policy and inform you on the proper coverage to cover yourself.

If I win my false arrest case, my mugshot will be removed from the internet.

False. While a settlement term may force the police agency to remove a mugshot from their own website, the settlement can not force private companies who post mugshots to remove those as well.  

If I don’t blow, they can’t charge me with DUI.

False.
While it may make the State’s case a little more difficult to prove, the State can proceed on a DUI without a breath test.

I Can’t Get arrested for drinking while driving a boat, right?

False.

In Florida, a person operating a boat or other watercraft can be arrested for boating under the influence if law enforcement determines your normal faculties are impaired or if your blood alcohol content (BAC) is .08 or above while operating a boat or other watercraft.

I can’t get a dui while on my bike, right?

False.

In Florida, a bicycle is considered a vehicle and therefore all traffics laws must be followed when operating it, including not driving and riding.

I have been in an automobile accident, but I am not worried because I have full coverage!!! 

What does full coverage really mean in Florida? Full coverage just means you have comprehensive/collision coverage under your automobile insurance coverage.  Does not indicate you are cover by Bodily Injury Coverage which covers third parties if you are at fault for their injuries nor does it mean you are covered by uninsured/underinsured coverage which would cover you for any injuries sustained in an accident wherein the at-fault party has no Bodily Injury coverage which is not a requirement in Florida.  Check your policy and make sure you are properly covered in case your are involved in an automobile accident as full coverage does not really mean you are fully covered. 

If you’re not sure what insurance coverage is beneficial to you, call our office.

do i have to be given a breathalyzer test?

If you are arrested for disorderly intoxication or the police indicate you have been drinking, they do not have to give you a breathalyzer test. The breathalyzer is only used in DUIs because one of the ways a person can be convicted of a DUI is if their blood alcohol content (BAC) is above .08.

I don’t have to show the cops my ID if asked and I didn’t do anything wrong.

False! A police officer can ask for your ID if he/she has reasonable suspicion that a crime may have occurred. This is the officer’s subjective belief.

So, if an officer asks for your ID, it is in your best interest to provide it. You should fix any problems from the encounter by filing a complaint with the agency at their internal affairs department.  This keeps you safe and holds them accountable.  We can be hired to help with this process.

it is impossible to terminate probation before half of it is complete.

False. You can file a motion for early termination of your probation as long as all terms and conditions are satisfied, you have not had any violations before the half way mark, and termination is in the interest of justice. Pursuant to Florida Statutes, Section 948.05, the trial court is vested with statutory authority to discharge a probationer when the court is satisfied that the best interest of justice and the welfare of society would be served by the termination. The statute says nothing about the halfway point must be reached before a motion is ripe.

 If a defendant doesn’t testify…

In the Derek Chauvin trial regarding the death of George Floyd, Mr. Chauvin elected to not testify on his own behalf and invoked his 5th Amendment right to remain silent. This right is one of the great things of our legal system. Unfortunately, this led to some to immediately think that Mr. Chauvin was guilty (as you may already know, the jury did find Mr. Chauvin guilty of killing George Floyd). There is also this longing to hear from both sides in a criminal case or to hear the defendant’s side of the story.

However, there are often many different reasons for a criminal defendant to choose not to testify. This includes the fact that the defense attorney through cross-examination and direct examination has created reasonable doubt, or that the prosecution has failed to meet their burden beyond a reasonable doubt. Another reason to not testify is that the prosecution may have evidence of prior bad acts to impeach the defendant, but if the defendant doesn’t testify then the bad act testimony would not be presented to the jury. In fact, in the Chauvin case, the judge was going to allow the prosecution to present evidence that Mr. Chauvin had put his knee on the neck of an arrestee prior to the George Floyd incident. Another reason to not testify is that some criminal defendants may not as adept at testifying as opposed to law enforcement officers who receive training on how to testify in front of a jury. I have actually heard jurors say that had the defendant not testified, the jury would not have convicted the individual. Thankfully, the U.S. Constitution and Florida Constitution guarantee everyone the right to remain silent and not testify against themselves.