May 29, 2010
After a criminal case is over, some people still need the services of a competent Florida criminal attorney. There are a variety of issues that can crop up long after a criminal trial is over, often as a surprise to the individual.
After someone has been convicted and punished for a crime in the State of Florida, they may be put on probation. There are specific requirements that must be followed after someone has been released from incarceration or to prevent incarceration. They are often required to meet with a probation officer, perform community service and avoid further infractions with the law. With alcohol- or drug-related offenses, the individual is often forbidden to be around those substances. When conditions of probation are not met, the person’s probation supervisor can have them charged with a violation. If found guilty of the violation, they may see more jail time, pay additional fines or face additional community service. Probation violations are often caused by a misunderstanding or a lapse in judgment. Having a Florida criminal lawyer to explain the charges is helpful for the defendant. It is also important to have an attorney to protect the person’s rights and smooth over any misunderstandings. It is also possible to have any further punishment lessened by a skilled legal negotiator.
When a juvenile or first-time offender gets into trouble with the law, it is sometimes possible to have certain crimes expunged from their record. This means that when they reach adulthood or go a certain amount of time without another violation, the conviction is wiped clean from their record. Expungement is sometimes offered in exchange for a plea agreement. There are certain types of crimes that are not eligible for expungement. In many cases, a crime will remain on someone’s record until years later, as an adult, they find themselves unable to secure employment, attain credit or gain entry to certain universities. In this case, it is sometimes possible to have their juvenile record sealed. A Florida criminal defense attorney can determine whether the case is eligible for seal and file the proper motions to do so.
Sometimes people find out by accident that a warrant has been issued for them. There are typically three types of warrants issued in Florida. The first is a bench warrant. It is usually the result of a missed court date. The second is a violations warrant, which happens when someone does not comply with their probation requirements. The third is a capias, or an arrest warrant. While there is often a misunderstanding involved, incarceration can be a result.
May 26, 2010
If you’ve been arrested for a charge related to illicit substances, you need a good drug crimes attorney on your side. A lawyer firmly committed to your case can get charges dismissed, reduce punishments, or possibly get you off scot free. In any case, you are always better off going into a legal entanglement with someone who knows the ropes. You wouldn’t try to fight a war without some weapons and you shouldn’t try to defend yourself against the prosecutor’s charges without someone knowledgeable and experienced by your side. To do otherwise is folly.
Almost two million people a year are arrested on charges related to drug crimes. Attorney firms concerned with these charges are always busy because there are so many people who need a good defense. There are a number of charges that can be brought against you, depending on the circumstances. Distribution, intent to sell, manufacturing, possession, and trafficking are only a few of these charges and any of them could land you in prison for a long time. Even if prison time isn’t in your future, the stigma of a conviction can follow you and make life much more difficult. There may be no avoiding conviction, but you can bet that a good lawyer will do everything in his power to get you the best outcome you can get.
If you are preparing to defend yourself against charges, you should know that a good drug crimes attorney could drastically alter the outcome. Depending on where you live, the circumstances behind your case, and your legal history, you could very well avoid imprisonment altogether. Some states have enacted programs that can allow a defendant to skip jail time and move into a rehab and probation program, with the intention of helping offenders rather than simply punishing them. If you go into your case without a full knowledge of all the options, though, you might not even know to push for such a sentence. Millions of people “slip through the cracks” every year and wind up facing much harsher sentences than they should because they don’t have competent representation. Don’t let yourself become a statistic.
If it can be helped, you should speak to a drug crimes attorney before speaking to anyone else, including the police. As they say, anything you say can and will be used against you in court. Don’t give them the ammunition, even if you are completely innocent and just want to get your story out there. Talk to a good lawyer and follow their advice.
May 23, 2010
The punishments for driving under the influence vary from state to state. Each state will establish a maximum sentence for the degree of the DUI. Some states are more harsh than others with their penalties. No matter the maximum sentences, the final punishment for a crime is most often based on a judge’s decision. Therefore, those convicted of a DUI should hire a legal professional to help fight maximum sentences. A good DUI defense attorney will look into every aspect of the case to defend his or her client. This will include ensuring that the arrest was performed correctly and the evidence obtained legally.
In every state there are a series of factors that play into this type of charge. Any previous DUI conviction can exponentially increase the severity of a sentence. The presence of a criminal record will also be considered. The amount of blood alcohol content (BAC) will affect a charge. For instance, in the state of Arizona, there are different charges for those who were found to have a BAC above.15. Some states also take into account the age of any passengers in the vehicle.
The following are the most common punishments for a DUI. It is rare that only one type of punishment is given. A combination is normally developed to reflect the specific charge, which may include:
Ignition interlock device
Lawyers will try to negotiate these punishments with a judge. They will try to replace less severe punishments for others. For instance, fighting for a sentence that includes counseling instead of 10 days of jail time. Those who choose to represent themselves are at a much higher risk of jail time. Laws are complicated. It can be difficult for an inexperienced person to thoroughly investigate and present a defense case.
May 20, 2010
Accidents can happen in a variety of situations and under varying circumstances. If you have been charged with a DUI / DWI following an automobile collision, the consequences can be severe. Even if the damage was only done to the other driver’s property, criminal charges could be issued. Criminal DUI convictions can have far-reaching effects on your life and prospects. Thankfully, there are defense attorneys who are dedicated to helping those who are embroiled in these kinds of legal difficulties.
If you or a loved one is facing DUI charges following an auto accident, it is best to speak with a local attorney about your case. You should not have to face the complexities of DUI law without the help and assistance you need.
Potential Accident Causes
Car accidents can occur for a variety of reasons, and in some instances, a law enforcement official may attempt to place the blame for an accident on one individual by claiming that he or she was intoxicated at the time of the accident. However, all of the following car accident causes can easily be committed by a sober driver:
Wrongfully changing lanes
Using signals improperly
Driving too aggressively
Cutting off another driver
Driving while drowsy or falling asleep behind the wheel
For auto accidents, it is important that the real cause of an accident is discovered, even if it was not caused by one of the involved drivers. Because fault in an accident can carry heavy financial and legal consequences, it is only fair that the true reason for the collision be discovered. You should not have to suffer the consequences of a DUI or car accident if you are not to blame for the incident.
Contact the Champaign criminal and DUI defense attorneys of Thomas A. Bruno & Associates to discuss your case today, free of charge.
May 17, 2010
Many people use the terms theft, robbery, fraud, and burglary interchangeably. But there are important differences in these terms that can determine how a criminal charge is handled. Understanding these differences is crucial in a number of different circumstances. There are two main elements that must be present for an action to be considered robbery.
The primary issue in a robbery is the intention to commit a theft. If theft is not involved in the incident, then robbery may not be the proper charge. Theft can occur in a number of different ways. This can include theft of physical items. If a person intends to take another’s property or keep them from being able to use it, these actions can be considered theft.
The second element that makes robbery different from other types of charges is the threat of physical harm. If a person who is committing theft also has a weapon or threatens violence to their victim, the action can be considered a robbery. This type of criminal charge is often associated with hold-ups at banks or convenience stores where the assailant has a weapon.
Muggings, or similar incidents, are often robberies. These types of incidents often involve both theft and violent or harmful actions. If a person’s health is threatened or physical harm occurs in any way, this may be enough to be considered robbery. Robbery charges often have more severe penalties because of the threat to the safety and health of a victim.
If you are facing robbery charges, it is important to get the defense you need to protect your rights.