Attorney Christian A. Straile, LLC
Available 24/7 | Hablo Espanol :
352-371-9141

Gainesville Legal Blog

DUI, the 20 minute observation & DHSMV Hearings

After an arrest for driving under the influence (DUI), if the driver is alleged to have refused to provide a breath sample or provided a sample resulting over .08, then the arrestee's driver license is supposed to be automatically suspended. This suspension takes place after ten (10) days. A driver must apply to challenge the suspension at the Department of Highway Safety and Motor Vehicles (DHSMV) or DMV within those same ten (10) days. DHSMV blog.

Alimony / Spousal Support in a Florida Divorce

In some divorce cases, alimony can be awarded to a former spouse that is in need of spousal support if the paying spouse has the ability to pay. Alimony is considered after equitable distribution. The court may grant alimony to either spouse. The requesting spouse must demonstrate a need for alimony and the ability of the other spouse to pay alimony.

Leaving The Scene Of Crash Involving Death - Actual Knowledge Required

The criminal traffic charge of Leaving the Scene of an Accident (LSA) or Hit and Run from a crash involving a death is a serious felony. 

Carrying of Concealed Weapons or Firearms in a State of Emergency.

In criminal cases, this writer has said, "firearm equals felony". In violations of 790.01, Florida's law that criminalizes the carrying of concealed firearms or weapons, the unlicensed carrying on the person of a weapon is a misdemeanor while unlicensed carrying on the person of a firearm is a felony.

DUI Refusal What You Don't Say or Do Gets Held Against You Too

If a person accused of DUI refuses to submit to field sobriety exercises or to submit a breath sample a common concern is whether the refusal can be used against the DUI Defendant in Court. As to the driver's license, being deemed to have refused will cause an automatic suspension unless a review hearing is requested and won at the Department of Highway Safety & Motor Vehicles (DHSMV).

Injunction for Stalking - Enough is Enough, or is it?

In Florida, there is a legal action called an Injunction for Protection against Stalking. Injunctions are also called orders for protection or stay away orders in other jurisdictions.  Stalking is defined as whent an accused "willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person." Harass means to "engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

Failure to stop for school bus, a traffic infraction in Florida

In Florida, a traffic ticket for failing to come to a stop for a school is a civil traffic infraction and not a criminal charge. The traffic law states that any driver "shall, upon approaching any school bus which displays a stop signal, bring such vehicle to a full stop while the bus is stopped, and the vehicle shall not pass the school bus until the signal has been withdrawn." Failing to stop for a school bus is always a moving violation. Then it gets more confusing.

Settling Criminal Cases - Open Plea & the Mercy of the Court

In criminal cases, it is not uncommon for people to call the office after their current lawyer has failed to reach an acceptable agreement with the prosecutors or the caller does not like the offer received. Sometimes, the unfortunate circumstance of the case is that the prosecutor will not make a deal. Sometimes just having a lawyer who answers to the Defendant for their paycheck instead of the government makes a big difference to the Defendant. Sometimes there are things that can be done to present the case in a better light.

Criminal Self-Defense Immunity a.k.a. Stand Your Ground

Self Defense has been an available affirmative defense to criminal cases since the dawn of society. Florida also has long acknowledged the fundamental right to use force in defense of self or others. The essential elements of self-defense have stayed about the same. A person may use deadly force when it is reasonably necessary to prevent imminent death or great bodily harm to the person or to another person. The procedure and burden of proof required to make a self-defense argument has changed.

Child Abuse & Neglect - Combining Criminal & Family Law

Allegations of child abuse or neglect can generate criminal or family cases against the accused. In many cases a parent accused of child abuse or neglect by the State of Florida in a criminal case will also find themselves defending against a Supplemental Petition to Modify a parenting plan or custody. Sometimes a third case of an injunction for protection against domestic violence could also be brought.

Email Us For A Response
Firm Logo Small

Learn How I Can Help You

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Gainesville Office
1031 NW 6th Street
Unit A-2
Gainesville, FL 32601

Phone: 352-371-9141
Fax: 352-371-9142
Map & Directions

Mailing Address
PO Box 5355
Gainesville, FL 32627

Phone: 352-371-9141

Ocala Office
108 N. Magnolia Avenue
Suite 501
Ocala, FL 34475

Phone: 352-694-4529
Map & Directions

  • Location
    Mailing Address
  • Location
    Gainesville Office
  • Location
    OCALA - By Appointment
    Only