Attorney Christian A. Straile, LLC
10 Best 2016 Client Satisfaction American Institute Of DUI/DWI Attorneys The National Trial Lawyers
352.371.9141 Gainesville
352.694.4529 ocala
AvaiLable 24/7 Hablo Espanol toll free 877.219.1875

August 2014 Archives

Waldo, Florida Traffic Ticket Quotas

The top was blown off an illegal traffic ticket quota requirement at the city of Waldo, Florida just days after I issued a blog about traffic ticket quotas. According to a presentation by several officers to the city council, Waldo, long designated a speed trap, did in fact maintain an illegal traffic ticket quota. While this traffic citation quota allegation remains under investigation, two officers have been suspended. Obviously, those officers failed to appear in court this morning.

Traffic Ticket Quotas

When it comes to traffic tickets, several people claim to 'know' that officers have quotas on how many tickets they are supposed to write in any given month. If you ask any Florida local law enforcement officer, they will assure you that there are no quotas in their department. At least that is what they all tell me. The fear of traffic infraction quotas is that the officers are writing to meet quotas and not for the traffic violation itself.

Criminal Solicitation of Prostitution - Excessive Fine

The criminal offense of Solicitation of Prostitution is a second degree misdemeanor. Normally, a second degree misdemeanor is punishable by a maximum of sixty (60) days and a five hundred dollar ($500) fine. However, effective 2013, the Florida legislature changed the fine for soliciting a prostitute to a mandatory five thousand dollar ($5,000) fine. According to this relatively new law, a judge has no discretion.  The fine that is required to be imposed is five thousand dollars ($5,000).

Early Termination of Probation

One option for sentencing in a criminal case is probation. Many people are not aware that you can request the court to terminate your probation early by filing a motion for early termination of probation. Hopefully this blog will be shared with the family of a probationer. A probationer does have to file a written motion in the court and request a court hearing. Most judges will consider the motion to terminate probation early after half the time is served and all conditions are completed. Some lawyers, including myself, offer this service.

Criminal Child Abuse and Child Neglect Cases

Criminal child abuse or neglect cases can be difficult to handle because of the raw emotions that usually accompany the alleged victim. An alleged child abuse victim is usually assigned a victim advocate by the state. The child abuse victim is also regularly removed from the home if the alleged abuse or neglect took place at the hands of a caregiver such as a parent or other adult household member.

Traffic Crashes Involving a Death

It appears that Tony Stewart's crash which killed another driver will be investigated by law enforcement. A few minutes into the business day and I am already being asked "for what?" While some feel this is an incident for which Mr. Ward waived any civil actions by assuming the risk of death when he exited his vehicle and tried to confront a race car, there are others that want our police state to investigate all incidents of death with an eye towards prosecution.

Criminal Investigation Search of Cell Phone

After over a decade of criminal law experience, one thing I have learned is that the police will try anything unless and until a court tells them different. Along these lines, most law enforcement (in my non-scientific opinion) would have told you a couple years ago that they get to search your cellular upon arrest for no reason other than you are arrested. The Constitution mentions papers and effects and not cellular telephones is a reasoning I actually heard.

Criminal Cases Involving an Auto accident

Auto accidents frequently give rise to criminal cases in addition to civil lawsuits and traffic tickets. For example law enforcement may charge a driver in a car crash with Reckless Driving with Property Damage, Vehicular Manslaughter, DUI Manslaughter, DUI with Serious Bodily Injury, DUI with Property Damage, Leaving the Scene of an Accident, Failure to Render Aid, etc. Vehicular Manslaughter is essentially Reckless Driving with a Death. If law enforcement does not believe a crime was committed, then the driver will be charged with careless driving. (More on the difference between Careless Driving and Reckless Driving)

Fleeing or Eluding: Another Criminal Traffic Case

A criminal traffic case of fleeing became news recently as an alleged car chase that crossed Sumter and Marion Counties came to a stop in Alachua County. Sometimes a person accused of fleeing and eluding the police will also be charged with reckless driving, resisting arrest or obstruction of justice. Fleeing or eluding can also be charged as what is known as aggravated fleeing. Aggravated fleeing or eluding can also be charged with serious bodily injury or death.

FindLaw Network
Attorney Christian A. Straile, LLC
352.371.9141 Gainesville
352.694.4529 ocala