Attorney Christian A. Straile, LLC
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Posts tagged "Inverness criminal lawyer"

DUI Conviction or Adjudication still required

In Florida, a person accused of DUI has faced mandatory adjudication, also known as conviction, for many decades. In cases where the Court is not restricted, it can also withhold adjudication which means that technically a person is not convicted. The difference can have far reaching consequences. For example, a DUI cannot be expunged because of the conviction and convictions stay on a driving history for up to seventy-five (75) years. Convictions also require higher surcharges and court costs.

Passenger in a vehicle can be seized

Recently the 5th District Court of Appeal held that a passenger of a vehicle is lawfully seized and not free to leave a traffic stop. Therefore, if evidence of a crime is found, it can be used against the passenger.  A large amount of drug possession cases and other criminal cases start with a traffic stop and subsequent search of passengers.

Criminal but Civil Penalty - Solicitation of Prostitution

In August 2014 I wrote about a Florida Court finding that in criminal cases of solicitation of prostitution the mandatory civil penalty ($5,000) is unconstitutional. Since then the matter has continued to be fought in courts. People who picked up charges of soliciting could still have imposed this penalty but depending on their representation, the sentencing court could have deferred imposing the penalty, left open the possibility of removing the fine or refused to impose the penalty all together.

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