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.
School zones are heavily monitored. Therefore, in traffic ticket defense, we see several citations issued to people for failing to stop at a red light (or behind the stop bar), failing to yield, failure to obey a traffic control device and of course speeding through a school zone. The cities on US Highway 301 (Waldo and Lawtey) still write a bunch of tickets even though their signage has improved over the years.
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.
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.
Tony Stewart's crash that killed another driver, Kevin Ward Jr., will be investigated by law enforcement. A few minutes into the business day and I am already being asked "for what?" While some feel this is an incident for which Mr. Ward waived any civil actions by assuming the risk of death when he exited his vehicle and tried to confront a race car,, there are others that want our government to investigate all incidents of death with an eye towards prosecution.
Amendments to the red light camera law named, the Mark Wandall Traffic Safety Program, which authorize the use of red light cameras to issue a notice of violation, will go into effect on July 1, 2013. A person accused of running a red light by a red light camera will first receive a "Notice of Violation". If the notice is ignored, then eventually a uniform traffic citation charging violation of a traffic control device, violation of a traffic signal device, or running a red light will be issued and delivered via certified mail.
You leave court and realize, there is a mistake in the Order! Clerks are people, what happens if the Clerk makes a mistake? For instance what happens if the judge orders one thing from the bench but the written order says something different? There is a mistake on the judgment, sentence or final order! This happens from time to time and if you have ever been to criminal or traffic court you know why. One hundred cases are handled within 120 minutes and there is simply a lot of paperwork moving really fast. Most of the orders are simply forms and the Clerk will check boxes as the judge speaks from the bench. Sometimes, the wrong box gets checked.