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Leaving the Scene of an Accident in Florida

Leaving the Scene of an Accident in FloridaLeaving the scene of an accident is against the law in Florida. The specific laws and penalties for leaving the scene of an accident depends on whether the driver left the scene of the accident after hitting an unattended vehicle or property or the driver left the scene of the accident after being involved in an accident resulting in injury or death. To help illustrate the relevant laws, check out the following hypothetical examples: Continue reading “Leaving the Scene of an Accident in Florida” »

House Arrest: Florida’s Community Control Program

House-Arrest-Florida’s-Community-Control-ProgramThe Florida Community Control Program places offenders under house arrest or electronic surveillance as an alternative to a traditional incarceration sentence. The program is the largest of its kind in the country, taking in about a thousand new prisoners each month. [i] As described by the Florida Department of Corrections, community control is “a form of intensive supervised house arrest in the community, including surveillance on weekends and holidays, administered by officers with limited caseloads. It is an individualized program in which the freedom of the offender is restricted within the community, home or non-institutional residential placement, and specified sanctions are imposed and enforced.” [ii] Continue reading “House Arrest: Florida’s Community Control Program” »

Charged with Domestic Violence?

Charged with Domestic Violence

Charged with Domestic Violence

When most people think of domestic violence, they think of some sort of physical confrontation between husband and wife or romantic partners. While this is true, keep in mind that the definition of domestic violence of Florida is very expansive and includes many other types of criminal actions.

 

According to Florida Statute §741.28(2), “domestic violence” means: Continue reading “Charged with Domestic Violence?” »

How to Beat a Reckless Driving Ticket in Miami or Fort Lauderdale

How to beat a reckless driving ticket in Miami or Fort LauderdaleWhat is a reckless driving ticket?

Reckless driving is one of the more serious types of traffic charges an individual can face when driving in South Florida. Pursuant to Florida Statute §316.192, reckless driving is a criminal traffic offense, which can carry much steeper penalties than your typical civil traffic infraction. By the letter of the law, you could go to jail or have a criminal record as a result of a reckless driving conviction. While this generally never occurs (especially for first time offenders), you should know that if you are charged with reckless driving and do get arrested, you can be taken to jail and may be required to post a bond. Alternatively, the police officer has the ability to have you sign a notice to appear instead of immediately taking you into custody. If you receive a reckless driving charge, it means that the arresting police officer believes you have been driving a vehicle with “willful and wanton for the safety or persons or property….” (Florida Statute §316.192) In the context of Florida’s reckless driving statute, “willful” means intentional, knowing, and purposeful, and “wanton” means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property. Continue reading “How to Beat a Reckless Driving Ticket in Miami or Fort Lauderdale” »

Shoplifting Defense – South Florida Theft Lawyer

Shoplifting in FloridaAs discussed in this video, if you’ve been arrested for retail theft, which is commonly referred to as shoplifting, or any kind of theft offense in South Florida, it is imperative that you hire a lawyer. Pursuant to Florida Statute §812.015(1)(d), retail theft means “…the taking possession of or carrying away of merchandise, property, money, or negotiable documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or full retail value.” Many people view shoplifting as a crime that is not that serious. To the contrary, shoplifting in Florida is looked at by the court of law very seriously. A shoplifting conviction can follow you around for the rest of your life and can affect your employment opportunities, standing in the community, and your ability to get credit. Under Florida Statute §812.014, retail theft can be classified as either petit theft or grand theft depending on the value of the alleged stolen merchandise. Continue reading “Shoplifting Defense – South Florida Theft Lawyer” »

Careless Driving vs. Reckless Driving in Florida: What’s the Difference?

Careless Driving vs. Reckless Driving in Florida What’s the DifferenceWhile people frequently use the terms “reckless driving” and “careless driving” interchangeably, there is actually a huge difference between these two offenses in Florida.

Careless driving is governed by Florida Statute §316.1925 which states that, “Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.” Careless driving is a moving violation, punishable by steep fines and the assessment of points on your driver’s license, which can lead to increased insurance rates and the suspension of your driver’s license. Careless driving citations are commonly referred to as the catch-all citation since they are often issued when the police officer can’t find any other specific traffic law violation that seems to fit the charge. In Florida, police officers commonly give a careless driving citation to the driver they believe to be at fault in a car accident. Careless driving citations are particularly common in rear-end accidents where the police officer did not witness the accident and the person who was rear-ended didn’t see what happened or know why the accident happened. Continue reading “Careless Driving vs. Reckless Driving in Florida: What’s the Difference?” »

Careless Driving Ticket in Fort Lauderdale or Miami

Careless Driving Ticket in Fort Lauderdale or MiamiIf you have received a careless driving ticket in Broward or Miami-Dade County, you probably got the ticket due to being involved in an automobile accident where the officer investigating the accident found you to be at fault or the cause of the crash. A careless driving charge in Florida carries a four point penalty against your license. If you pay the ticket outright, these points will be assessed on your license, which will cause your car insurance rates to increase. While paying the ticket may seem like the easiest and most efficient way to resolve the citation, it’s not. Do not pay the ticket outright under any circumstances as careless driving tickets almost always get dismissed in court. To attempt to get your ticket dismissed or to have the best chance at keeping points off your license, the best thing to do is go to court or retain a Miami ticket defense attorney Fort Lauderdale ticket defense attorney or a Miami ticket defense attorney to go to court for you. Continue reading “Careless Driving Ticket in Fort Lauderdale or Miami” »

How will points on your license affect insurance?

How will points on your license affect insurance

Q: “Will points on my driver’s license affect my car insurance?”

A:  “Yes—so I hope you’ve got a rainy day fund stashed away because your car insurance rates are definitely going to increase.”

You see, insurance companies evaluate risk of future loss by looking at people’s driving records. The more tickets, convictions, and points on your record, the more of a risk the insurance company believes you are and the more they’ll charge you. According to a new analysis of December 2012 car insurance rates, Insure.com found that the average annual car insurance premium for a driver with a clean driving record in Florida was $1,364 a year.[i] Considering that the average Floridian made $40,344 last year, that’s a whopping 3.38% of annual income spent on just car insurance payments![ii] And that’s for a clean driving record! The last thing you want is to have to shell out even more of your hard earned money to your car insurance provider because you got points on your license. Fortunately, if you receive a traffic ticket, you can typically avoid the assessment of points on your license and the associated costly insurance rate increases. Continue reading “How will points on your license affect insurance?” »

Suspended Driver’s License in Miami or Ft. Lauderdale: What do you do?

Suspended Driver’s License in Miami or Ft. Lauderdale What do you doHas your driver’s license been suspended? If so, then you absolutely cannot drive until your driving privilege has been reinstated. While not being able to drive may be a huge inconvenience, trust me when I say that it’s not worth the risk of getting caught. If you’re caught driving with a suspended license in Florida, then depending on the circumstances, you could be charged with a misdemeanor or a felony and face jail time, significant fines, and an extension of your driver’s license suspension period or possibly even a revocation of your license. Continue reading “Suspended Driver’s License in Miami or Ft. Lauderdale: What do you do?” »

New Jersey’s Third Medical Marijuana Center Set to Open Soon

Marijuana FacilityYale Galanter represents the Compassionate Care Center of America Foundation Inc. who recently had their plans for a medical marijuana center in Woodbridge, New Jersey approved. Below is an excerpt from an article and a link to the original source.
Continue reading “New Jersey’s Third Medical Marijuana Center Set to Open Soon” »