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Posts tagged "starke lawyer"

Florida's Equitable Distribution in Divorce - dividing property

In a proceeding for divorce, called dissolution of marriage in Florida, a substantial issue is the division of property owned by the spouses. First a divorce court will identify and separate each spouse's marital and nonmarital assets and liabilities. Identification of assets and liabilities as marital or nonmarital is therefore very important because, only marital assets and liabilities are subject to distribution in a dissolution action.

Marijuana - Close does not count in criminal law

Although Florida added a constitutional amendment allowing medical marijuana, the possession of marijuana without a medical card is still a criminal offense. Possession of less than twenty (20) grams is a misdemeanor punishable by up to a year in jail and $1,000 fine. Simple possession of over twenty (20) grams is felony with up to five (5) years in prison and a $5,000 fine.

GET OUT! Asked to exit vehicle after a traffic stop

In criminal cases a common concern is that the officer requested the driver or other person to exit the vehicle. There is a line of thought that being removed from the vehicle requires a safety concern or other good reason. Some may question what issue(s) exist getting out of the car, others do not like the feeling of being seized, however in the context of criminal cases, exiting from a vehicle often discloses damaging evidence.

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 near 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.

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).

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.

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.

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.

Bradford County Traffic Tickets - Traffic Defense in Bradford County

Bradford County is located between Gainesville in Alachua County and Jacksonville in Duval County, Florida. Several agencies issue traffic tickets within Bradford County. The main police agencies are those of Starke, Lawtey and Hampton. The town of Brooker does not have its own police force. The Bradford County Sherriff's Office and the Florida Highway Patrol (FHP) also patrol the roads of Bradford County and issue citations. Starke is the county seat of Bradford County.

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.

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