In the realm of criminal cases one way a defense attorney can protect a client is to argue self-defense. Some years ago, there were reports of a 'Warning Shot Bill' that would allow Floridians to fire a warning shot. There is no law that specifically 'allows a warning shot'. What in the stand your ground law caused the confusion that has me answering similar questions years later?
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.
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.
What is the difference between a technical and a substantive violation of probation? This is a common question when a family is facing a violation of probation or VOP. There are basically two ways a person can violate probation. One type of probation violation is called substantive and the other is technical.
A violation of pre-trial release in a criminal case can lead to having a bond revoked. According to numerous sources, comedian Katt Williams was arrested on Tuesday January 8, 2013 for failing to appear in court while out on bond. His bond was revoked and re-set. Several of my clients have missed court or otherwise had their bond revoked while out on bond. Not all of my client's bonds were re-set.
In Florida, Chapter 825 addresses the criminal offense of Abuse or Exploitation of the Elderly. "Elderly person" is defined by law to mean "a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person's own care or protection is impaired."