Attorney Christian A. Straile, LLC
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Criminal Archives

Seal or Expunge - Florida Criminal Records

In Florida a person can seal or expunge criminal records but only once in a lifetime and only if the charge(s) qualifies. Not all charges can be sealed or expunged. The Petition to Expunge or Seal must be filed in the county where the case originated. In Florida, expunging a case or sealing an arrest or case are different things.

Criminal & Traffic - Mistakes on Citations or Reports

In criminal and traffic defense a common complaint from an accused individual or their family is that the arrest affidavit, arrest report, accident report or citation contains one or more errors. For example, if there is a DUI accusation with a child in the car but the officer marks on the DUI citation that there were no passengers under the age of 18 or marking "no injury" on a traffic ticket in a case involving a fatality. (actual examples). The ugly truth is that the police, deputies and troopers filling out these documents are people too and they make mistakes.  Unfotunately, typographical or similar errors will usually not lead to a case being dismissed.

Racing, a Criminal Traffic offense in Florida

The criminal traffic offense of "Racing on Highways" is not limited to just what most people think of as a highway, street or road. Parking lots are specifically mentioned in Florida Statutes section 316.191, the racing statute and a violation of chapter 316 can be enforced on any road and even parking lots. Racing can be in any motor vehicle not just passenger cars and trucks.

Restoration of the Right to Possess Firearms

There are several reasons why a person may have their gun rights taken away. In some circumstances, the right to possess firearms can be restored. For example, if the prohibition from possessing weapons or firearms is due to an involuntary commitment, placement or hospitalization such as an adjudication of incompetence to consent to treatment then, there is a process in Florida to have gun rights restored. When somebody has their right to possess guns taken away, the law describes that as having a disability from possessing firearms or weapons.

Criminal Statute of Limitations - How long do they have?

The term 'Statute of Limitations' (SOL) refers to the time period under which a case can be brought.  If the time passes, then the SOL operates to bar the case and the plaintiff is out of luck.  There is a SOL for almost every type of case. In criminal cases, the time limit is expressed in a term of years depending on the offense. Sometimes people feel that if it took several months to receive a criminal citation, then that should be enough to have the case dismissed. Unfortunately, so long as prosecution is started within the time frame allowed then, a delay of several months will not win the matter.

Criminal Pre-Trial Diversion or Intervention and Deferred Prosecutions

In a criminal case, it is not uncommon for a person accused of a crime for the first time to want to keep their record clean or not have a criminal record whatsoever at the conclusion of the case. Unfortunately, if there has been an arrest or the officer instead issued a Notice to Appear, sometimes referred to as a written arrest, then there is already a record. That record will be that the person stands accused of whatever charge the police suggested.

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).

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.

Just arrested, accused of a crime, now what? First Appearance and Arraignment

Arrests and the resulting criminal accusations happen every day. Common questions are how can they arrest when there are conflicting stories or can they arrest for whatever just happened. Unfortunately, that is the wrong question. If someone was just arrested, then the answer is yes the cops can and in fact they did just make that arrest. Now the accused has to defend themselves but the only place that happens is at a trial and that will not be for several months.

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Attorney Christian A. Straile, LLC
352.371.9141 Gainesville
352.694.4529 ocala