Attorney Christian A. Straile, LLC
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May 2016 Archives

Violation of Probation - When does it end?

In defending violations of probation, a confusing issue for clients is when does the probation period end if there has been a violation affidavit or report filed and a warrant issued, or a warrantless arrest is made, or a notice to appear on the VOP is created. Until recently, the advice by a VOP defense attorney would be that the probationary period is tolled as soon as that warrant is issued, arrest is made or notice is issued.

Clearing Traffic Suspensions

Part of the traffic ticket practice is clearing suspensions in the best possible way. Common reasons for suspensions are for failing to address the citation within thirty (30) days, failing to pay, failing to complete traffic school, failing to appear in Court in a criminal case, warrants, child support etc. Of course there are many other reasons a driver's license can be suspended and each case is unique.

Traffic Crash, DUI and the Accident Report Privilege

A car accident leads to a traffic crash investigation which often time leads to criminal charges such as drunk driving or DUI. Floridians should be aware that the law requires them to cooperate with a traffic crash investigation. The intent behind the reporting requirement is to encourage true and uninhibited reporting of accidents, with the ultimate goal of making highways safer.

Obscured Tag - Traffic Stops Leading to Criminal Cases

In the drug defense subset of criminal defense an amazing number of cases begin at a traffic stop. One example is issues with the license plate or tag, whether it is the infamous tag light, expired tag or an obscured tag. These stops are difficult to defend without a video showing the cops to be incorrect (or worse).

New York DWAI & Enhancement of Florida DUI

In the context of a Florida DUI, a Florida appellate court has interpreted Florida law as allowing a conviction to a New York charge of driving while alcohol impaired (DWAI), section 1192 (1), to be used to enhance a Florida DUI. In addition, a conviction to a New York DWAI can be used for purposes of suspending a Florida driver's license. Both Florida cases that stand for these propositions came from the 4th District Court of Appeal (DCA).

Violation of Probation - First Time Observation

Recently, for the first time in this firm's history of defending violations of probation, a violation of probation report or affidavit included a speeding ticket as an alleged new law or substantive violation. Then, the judge then issued a warrant with no bond, presumably after reading this report or affidavit of violation of probation. They call it criminal defense practice for a reason, everday there is something new. I've been involved in the system since 2001 and this was a new one on me.

Traffic Ticket Defense and Court Continuances

In the traffic ticket defense practice clients often ask for a continuance of the case. There seems to be some urban myth that if the court date or hearing is rescheduled, then it might make it more likely to conflict with schedules. Both the State via the officer and the driver or defendant can ask the court to change the trial date in a traffic citation case just like the opposing party in any other case be it criminal, injunction, family law or other civil case.

Tampering With Evidence - Hard to Swallow

Tampering with evidence is a criminal offense in Florida. Tampering with evidence is a third degree felony; the maximum penalty is five (5) years in prison and/or a $5,000 fine. To prove tampering, the State has to prove that a person while knowing that a criminal trial, proceeding or an investigation has begun or is about to be started, then alters, destroys, conceals or removes anything with the intent to impair its credibility, availability or use-ability in trial.  Many times tampering is not what is shown by the entertainment industry like fabrication or threatening a witness; instead several tampering cases begin at the all important traffic stop and escalates when an officer thinks that evidence is tossed, thrown or eaten.

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Attorney Christian A. Straile, LLC
352.371.9141 Gainesville
352.694.4529 ocala