What happens to a traffic ticket if the officer did not serve the individual at the road? This is a common question in the traffic ticket defense practice. When an officer does not serve the driver with the infraction on or at the roadside, typically that means that the infraction involves a crash. An accused driver being transported to the hospital may delay the actual receipt of notice by hours or weeks. Most traffic crashes resulting in fatalities are not served at the scene but, many months later. Blood drawn at a crash means an investigation into DUI and a lawyer should be consulted immediately.
What happens upon receipt of a Criminal Summons in Florida? In some jurisdictions, the use of a Criminal Summons was part of criminal justice even prior to COVID. Some people are surprised to receive a Summons, while others are made aware of a criminal investigation and may be expecting it or relieved to receive a Summons instead of being arrested.
Much has changed in the practice of Florida criminal defense during COVID. With varying orders being issued by the Florida Supreme Court, the Chief Judges of the Circuits, County and local municipalities, we are all dealing with the semi-shutdown as best we can. It seems that new orders, tweaking the last set, are made about every other week.
In any divorce or dissolution of marriage, an area of great concern(s) is the division of assets and debts. In Florida, the law provides for an "equitable distribution" of marital assets and liabilities. While a divorce court must begin with the presumption that marital assets and liabilities are to be divided equally, the court may distribute the marital estate fairly or "equitably" instead. Fair is not always equal. Factors to be considered include the contribution of each spouse to the marriage; the duration of the marriage; and the economic circumstances of each spouse. Alimony is determined after equitable distribution.
What if injunction paperwork has been served in Florida? The Respondent or Defendant has been sued for an injunction. What many people fail to realize is that the hearing date the Respondent/Defendant just received is the TRIAL. The defense team must be prepared on that day to present all evidence to defend the case. Furthermore, an injunction can be a life sentence because; an order of protection can be valid until further order of the Court.
Constructive possession means other than physical possession. In the world of criminal defense this usually means drugs or narcotics, firearms or other contraband are found but, not in the pocket or in the bra of the defendant. Constructive possession is an important concept for cases involving possession of a firearm by a convicted felon or a concealed firearm or weapon without a license. For example, you possess that television on your wall, you can move it, throw it away, and beat it with a baseball bat because you control it. However, no one carries around their flat screen in their back pocket.
For some it is getting the letter or notice of Habitual Traffic Offender ("HTO") in the mail. For others it is getting arrested after being pulled over for no reason or even if there was a traffic citation, surprise! The license is being, or has been, suspended for five (5) years. The driver has been habitualized! After Notice from the DHSMV, we can determine the next step to attempt to reinstate the license. An analysis of the driver record may be required.
There is no such thing as a traffic ticket for a moving violation being issued as "no points, no school". Unfortunately, cops on the road seem to be telling people that they can get no points by paying a citation. That is not true. (They give other misadvice too, see my blog on Bradford County Traffic Tickets). Paying a citation without talking to a lawyer first is the worst thing that you can do. This is because it is a plea of guilty, an admission to the offense, points will be assessed to your license, your insurance may increase and your guilty plea could be used against you later even if your guilty plea cannot be entered into evidence in another court proceeding. Entering a guilty plea by paying an infraction can be disastrous if you are accused of driving on a suspended license.
The firm represents individuals who have received traffic tickets or criminal accusations in Columbia County, Florida, located in North Florida. Several people receiving citations in Columbia County are from out of state. This is because Interstate 75 and Interstate 10, both heavily traveled by tourists and visitors to Florida, intersect just north of Lake City in Columbia County. The Florida Highway Patrol or FHP monitors traffic along both I-75 and I-10 corridors.
To prove a criminal case of vehicular homicide in Florida, the State must prove reckless driving plus one additional fact, the death of a person. Vehicular homicide, simply stated reckless driving plus a death caused by the reckless driving.