How to stay out of Jail in Florida

As a former prosecutor and now criminal defense attorney, I have seen a lot of people arrested for some pretty silly things. Many times

Please don't take me to jail

“Please don’t take me to jail”

good law abiding people go to jail and are facing criminal charges because of one small choice. If you want to steer clear of the police and stay out of jail here are a few quick tips.

  1. Take out your cell phone and download the Uber or Lift app and have it on your cell phone before you go to happy hour. A DUI arrest can cost you tons of money and could keep you from getting that dream job in the future. The State of Florida will likely suspended your driver’s license even before you see a judge. A DUI  arrest will cost you a night in jail and you will need to hire a criminal defense attorney to defend you. (Somebody like me). If you are convicted you will pay heavy court fees and Florida law requires that you go on probation and buy additional insurance coverage. The $8.00 Uber ride is an investment well spent.
  2. If you smoke Marijuana don’t take it with you when you leave the house.  A large number of the marijuana cases I see are from people who have marijuana in their car when they get pulled over by the police. Yes, as you know, marijuana is still illegal in Florida. A few larger cities permit their police officers to issue civil citations, similar to speeding tickets, for possession of small amounts of marijuana. However, in most Florida counties if you are caught with even a small amount of marijuana you will be heading directly to jail.
  3. Remember to keep your address updated. If you have moved recently it is important to change your address with the Florida Department of Motor Vehicles. If you don’t then you may not know that your license has been suspended for some reason. The State of Florida makes many traffic related offense criminal charges so it is very important to update your address with the State of Florida and pay all traffic tickets, red light tickets and toll violations in a timely manner or you could risk having your license suspended. If you are caught driving without a license you can be charged with the crime of Driving While License Suspended or Revoked

 

If you have questions about your case. Please feel free to call my office at 407-415-9626. My law office is in Orlando, Florida and I accept criminal case around the State of Florida.

The Role of Criminal Defense Attorneys

The Role of Criminal Defense Attorneys

Criminal Defense Attorney

Criminal Defense Attorney

On television and in the movies, the criminal defense attorney is often depicted as the one making the dramatic closing argument right after his or her intense cross-examination of a witness. More often than not, this cross-examination brings to light all of the lies and inconsistencies of a government-provided witness. To be sure, courtroom and trial skills are important parts of the job, but much of the work of a criminal defense attorney occurs outside of the courtroom and is far less exciting than popular culture leads it to appear. The following is a list of the 4 things that a criminal defense attorney does outside of the courthouse and before a jury trial:

 

  1. In most criminal cases, the defense attorney will be provided with some basic information regarding how an alleged crime occurred. However, additional information will need to be obtained so that a clear understanding of what happened can be determined. A criminal defense attorney will speak with witnesses on the phone or schedule a deposition so that the witnesses’ full statements can be recorded. Depositions are permitted in Florida felony cases, but only allowed in misdemeanor cases if the judge permits them to be taken. Additionally, a criminal defense attorney, with the help of the client, can oftentimes track down important witnesses that are unknown to both the prosecutor and the police. The goal of your criminal defense attorney will be to get a full picture of what occurred. Your lawyer will often hire a private investigator in order to track down important information needed for your defense. Your lawyer can file a “motion to compel” with the judge in order to obtain information that was not originally turned over by the prosecutor. A criminal defense attorney can also issue subpoenas in order to locate information that may be helpful and necessary for your defense.
  2. A criminal defense attorney will also negotiate with the prosecutor and explain your side of the story. Additionally, your lawyer can speak with the alleged victim, provided that the proper ethical rules are followed, and can learn more about the alleged criminal conduct. Your criminal defense attorney will also speak with the judge about your case and explain your take on the events that occurred, as well as elaborate on the positive things in your background.
  3. Legal research is also a vital part of being a criminal defense attorney. These lawyers review the facts and circumstances surrounding a case and decide whether there are grounds to file a motion to suppress evidence that was seized by law enforcement. They can also identify whether a statement that was made was in violation of the accused’s constitutional rights. In many cases, your criminal defense attorney will research case law concerning the 4th Amendment.
  4. One important thing that a criminal defense lawyer will do is to counsel you and your family on the right course of action to take in your case. The biggest decision that you will typically need to make in a criminal case is whether the case should go to trial (to give you a chance to present your side of the story to the jury), or whether you should accept a plea agreement from the prosecutor. An experienced criminal defense lawyer can help you to weigh the pros and cons of taking your case to trial. Your lawyer can help you to make this kind of decision, but in the end, the final decision will be yours to make.

 

If you have further questions about your criminal case, feel free to contact my office at (407) 415-9626 or by email at Jeremiah@JeremiahDallen.com.

 

How to find out if you have a valid Florida Drivers License

I often help clients who have had their drivers license suspended by the State of Florida. You can check this website run by the State of Florida to see if your license is valid: https://services.flhsmv.gov/dlcheck/?AspxAutoDetectCookieSupport=1

This website is also helpful because it will tell you the reason for your suspended Florida license. In some cases, a lawyer may be able to help you clear up the issues that are causing your license to be suspended. Many clients I speak with have had their license suspended because they paid  a number of speeding tickets or toll violations and did not fight them in court. As a result, they had points placed on their drivers license which then lead the DHSMV to suspended their privilege to drive.  Please keep the following in mind:

12 points earned within 12 months results in a 30-day suspension.
18 points earned within 18 months results in a 3-month suspension.
24 points earned within 36 months results in a 12-month suspension

Please call my office at (407)-415-9626 if you have questions about why your Florida Drivers License is suspended or if you need legal help.

 

3 types of crime you can be arrested for in Florida

There are three types of crimes that you can be prosecuted for under Florida law. If you have been arrested for violating a Florida law, it is likely that you have been arrested on one or more of the following types of criminal charges:

 

  1. Felony: This is any crime that can be punishable by more than a year in Florida State Prison. This category includes crimes like grand theft, murder, and drug trafficking. Felony charges generally take several months or several years to resolve. These type of charges can have major consequences for you and your future.

 

  1. Misdemeanors: These are minor offenses that where the maximum punishment is one year in the county jail. The most common types of misdemeanors are things like Domestic Battery and Possession of Cannabis and Petit Theft.

 

  1. Criminal Traffic: This category of offenses includes like driving while licenses suspended, Reckless Driving, and DUI. The maximum penalty for any criminal traffic charge is one year in county jail. In many cases these charges will only result in a fine or a fine and a short period of probation

 

If you are charged with any of the three types of crime it is important that you hire a criminal defense lawyer to protect your liberty and your record. A criminal defense lawyer will review the discovery, speak to the judge and prosecutor on your behalf and defend you in a jury trial. If you have questions about your case feel free to call my office at (407)-415-9626. My office is in Orlando and I take cases across the State of Florida. The Law Office of Jeremiah D. Allen.

Can the Victim drop a Domestic Violence Case?

Have you been arrested for Domestic Violence?

Have you been arrested for Domestic Violence?

Can the Victim drop a Domestic Violence Case?

One of the first things that clients ask me if they have been arrested on a domestic violence case is: “How can I be prosecuted for a crime when the victim of the crime wants to have the charges dropped?” It is important to remember that when you are arrested for any crime the State of Florida  is the opposing party in the legal proceeding. Therefore, the State of Florida and the prosecuting attorney are the only ones who can legally drop the case against you. In many cases the prosecutor will contact the victim and ask them what they would like to see happen in the criminal case. However, please keep in mind that even if the victim would like the charges dismissed and dropped the State of Florida has the power to continue with the case even when the victim of the case would like to see the charges dropped by the prosecution. This is why it is important to have experienced criminal defense attorney representing you on any domestic violence case. Please feel free to contact my office in Orlando, Florida if you have questions about your case. My office number is 407-415-9626.