Are DUIs More Common During the Holidays?
December 23, 2021
Yes. DUI arrests and drug- and alcohol-related car crashes are more common during the holidays. Every year, the National Highway Traffic Safety Administration (NHTSA) partners with local law enforcement agencies to enhance DUI enforcement. If you hear the slogans, “drive sober or get pulled over,” or “if you feel different, you drive different – drive high get a DUI,” know that police officers in your area will be on the lookout for impaired drivers this holiday season.
What Holiday Has the Most DUIs?
New Year’s Eve and New Year’s Day are the holidays with the most DUIs. According to the NHTSA, nearly half of all traffic fatalities on January 1 are alcohol-related – the most of any U.S. holidays.
Many people stay out drinking until midnight, then try to drive home. Others may not realize they are still drunk when they wake up in the morning and try to drive.
The best plan for navigating New Year’s Eve and New Year’s Day is to arrange a safe ride home and quiet morning in. With technology, it is easier than ever to call an Uber or Lyft on the way home and use Postmates, Grubhub, or another online food ordering app for breakfast.
DUIs on Christmas
Many people celebrate Christmas with alcohol – from champagne to hot cocoa with peppermint schnapps. If you get behind the wheel after drinking, the most wonderful time of the year becomes the most dangerous.
Remember, drinking coffee doesn’t “sober you up,” and eating bread doesn’t “absorb” the alcohol. The only way you can sober up after drinking is to give yourself time. On average, human bodies take 10 hours to fully metabolize 5 alcoholic drinks.
What to Do During a Holiday DUI Stop
If you drive impaired during the holidays, you are more likely to get pulled over or get stopped at a DUI checkpoint. When dealing with police officers, always be respectful and follow instructions carefully.
Provide the officer with your name, driver’s license, registration, and proof of insurance. Do not lie, but do not apologize or say much else, either. Remember that you have the right to remain silent, and the officer can use anything you say or do against you, so do not agree to the field sobriety exercises or provide a breath sample.
At any time during the traffic stop, you can ask for an attorney. If you are arrested, call your lawyer immediately.
What Are the Consequences of a DUI in Florida?
In Florida, driving under the influence (DUI) applies to alcoholic beverages, chemical substances, and controlled substances. You can get a DUI if your normal faculties are impaired or you have an unlawful blood alcohol or breath alcohol level (0.08 or above).
According to The 2021 Florida Statutes 316.193, the penalties for DUI in Florida include:
- Fines of $500 to $1,000 and imprisonment up to 6 months for a first-time offense
- Fines of $1,000 to $2,000 and imprisonment up to 9 months for a second conviction
- Fines of $2,000 to $5,000 and imprisonment up to 12 months (including mandatory imprisonment of at least 30 days) for a third conviction
- Fines of at least $2,000 and imprisonment up to 5 years for fourth and subsequent offenses
All consequences can increase for aggravated DUIs or DUIS with breath/blood alcohol levels of 0.15 or higher. Penalties may also be more severe if there are minors in the vehicle.
Of course, many of the consequences of DUI are worse than this. You could accidentally injure or kill yourself or someone else, which could result in more serious charges (like manslaughter and vehicular homicide) and civil liability. Additionally, you will lose your license, and your car insurance rates will increase.
Can I Avoid a DUI Conviction?
Even if you get arrested for a DUI, you may be able to avoid a conviction. Be sensible when interacting with law enforcement and call an attorney as soon as possible after your arrest.
The Law Offices of Jeffrey S. Grossman, LLC has been representing clients in DUIs since 2004, and we have helped thousands of people like you navigate the legal system. Our team has extensive trial experience and a history of proven results.
We are available 24 hours a day, 7 days a week, so if you get into trouble, do not hesitate to call us at 954-637-1154 or contact us online for a free consultation.
The Law Offices of Jeffrey S. Grossman, LLC is dedicated to providing comprehensive legal representation to individuals facing criminal charges in Florida. With extensive experience in criminal defense, our firm understands the complexities and challenges clients may encounter when navigating the Florida criminal justice system. In this blog post, we will outline the crucial steps involved, from arrest to trial, to help you better understand what to expect. Arrest and Booking The first step in the criminal justice process begins with an arrest. When law enforcement believes there is probable cause that a crime has been committed, they have the authority to detain and arrest the individual involved. After the arrest, the person will be taken to a police station for booking. During this process, personal information is collected, fingerprints are taken, and a mugshot is captured. Remaining calm and exercising your right to legal representation by contacting our firm immediately is essential. Bail and Pretrial Release Following the arrest and booking, the next consideration is bail and pretrial release. Bail is an amount of money the court sets that, if paid, allows the defendant to be released from custody until the trial. Our experienced attorneys can help navigate the bail process, making arguments for reduced bail or alternative forms of pretrial release, such as house arrest or electronic monitoring, depending on the circumstances of the case. Arraignment and Plea Bargaining After release from custody, the defendant will receive a court date for an arraignment. During this hearing, the charges will be formally read, and the defendant will enter a plea of guilty, not guilty, or no contest. This is a critical stage where our skilled attorneys can negotiate with the prosecution for a plea bargain, potentially securing a reduced sentence or lesser charges for our clients. Discovery and Investigation Once the plea has been entered, the discovery and investigation phase begins. Our legal team will thoroughly examine the evidence against you, gathering information through interviews, witness statements, and expert opinions. This meticulous investigation helps identify weaknesses in the prosecution's case and build a strong defense strategy tailored to your specific circumstances. Pretrial Motions and Hearings Throughout the pretrial phase, our attorneys will file motions to challenge the admissibility of evidence, suppress certain statements, or request a change of venue, among other legal strategies. Pretrial hearings are conducted to argue these motions before the judge, presenting our case for the best possible outcome. Trial The case proceeds to trial if a plea agreement cannot be reached. Trials in Florida can be either by jury or bench trials, where the judge alone determines guilt or innocence. Our experienced trial attorneys will meticulously prepare your case, presenting evidence, cross-examining witnesses, and delivering persuasive arguments to protect your rights and advocate for your innocence. Sentencing and Appeals After a verdict has been reached, the final step is the sentencing phase. If convicted, the judge will impose a sentence based on the nature of the offense and other relevant factors. Our firm can explore post-conviction options, including appeals, to challenge an unfavorable verdict or sentence. Navigating the Florida criminal justice system can be a daunting task. Still, with the Law Offices of Jeffrey S. Grossman, LLC by your side, you can have confidence knowing that you have experienced and dedicated legal representation. From the initial arrest to trial and beyond, we will tirelessly fight to protect your rights and achieve the best possible outcome in your case. Contact Law Offices of Jeffrey S. Grossman, LLC today to schedule a consultation and take the first step toward securing your future!
If you're pulled over for suspicion of driving under the influence ( DUI ) in Florida, you may be required to take a breathalyzer test or other sobriety test to determine your level of intoxication. This is because Florida, like many other states, has an implied consent law that requires drivers to submit to chemical testing if they are lawfully arrested for DUI. Yet, many people don't fully understand what implied consent means or how it works in practice. What is Implied Consent Law? Implied consent law is a legal doctrine that implies drivers have given their consent to chemical testing if they are arrested for DUI. This means that if you refuse to take a breathalyzer test or other sobriety test after being lawfully arrested for DUI, you can face additional penalties, such as a driver's license suspension or even criminal charges. However, implied consent law doesn't give law enforcement officers unlimited power to conduct sobriety tests. There are certain rules and procedures they must follow to ensure that your rights are protected. In Florida, a first refusal is punishable by license suspension for 12 months. a second or subsequent refusal can result in longer license suspension periods and even jail time. Your Rights Under Implied Consent Law As a driver in Florida, you have certain rights when it comes to implied consent law. For example, you have the right to: Be informed of your rights and the consequences of refusing a sobriety test Choose which type of sobriety test you want to take (breathalyzer, blood, or urine) Have your own independent test performed by a qualified professional Have an attorney present during any sobriety testing However, it's important to note that these rights are not absolute. If you refuse to take a sobriety test, you can still face penalties, such as a driver's license suspension. Tips for Dealing with Implied Consent Law If you're pulled over for suspicion of DUI in Florida, there are several things you can do to protect your rights and minimize the potential consequences of implied consent law. These include: Cooperating with law enforcement officers, but not admitting guilt or answering any questions without an attorney present Choosing the breathalyzer test over other types of sobriety tests, as it is generally considered less invasive and more reliable Contacting an experienced DUI defense attorney as soon as possible to help you navigate the legal process and protect your rights Implied consent law can be confusing and intimidating, but with the right knowledge and preparation, you can protect your rights and minimize the potential consequences of a DUI arrest. If you're facing charges related to DUI or implied consent law in Florida, don't hesitate to contact the Law Offices of Jeffrey S. Grossman, LLC for experienced and effective legal representation.
Florida DUI checkpoints are designed to catch drivers under the influence of alcohol or drugs. As a driver in Florida, it's essential to understand your rights and responsibilities when encountering these checkpoints. In this blog post, we will discuss some common issues drivers face at DUI checkpoints and provide tangible advice on handling them. Being informed and prepared can protect your rights and avoid potential legal trouble. Understanding DUI Checkpoints in Florida DUI checkpoints, also known as sobriety checkpoints, are temporary roadblocks set up by law enforcement to stop vehicles and check drivers for signs of impairment. These checkpoints in Florida are legal and typically conducted during weekends and holidays when alcohol consumption is more prevalent. The Florida Department of Highway Safety and Motor Vehicles provides guidelines for law enforcement agencies to follow when conducting DUI checkpoints, ensuring they are completed fairly and legally. Your Rights at a DUI Checkpoint When you approach a DUI checkpoint, knowing your rights is essential. According to the American Civil Liberties Union (ACLU), you have the right to: Remain silent Refuse to consent to a search of your vehicle Ask for an attorney if you are detained or arrested However, it's important to note that refusing to cooperate with law enforcement officers at a DUI checkpoint may lead to further suspicion and possible detainment. Be polite and respectful, but exercise your rights when necessary. Your Responsibilities at a DUI Checkpoint As a driver, you have specific responsibilities when encountering a DUI checkpoint. These include: Stopping at the checkpoint when directed by law enforcement Providing your driver's license, registration, and proof of insurance when requested Following the instructions of law enforcement officers Failure to comply with these responsibilities can lead to legal consequences, including fines, license suspension, or arrest. What to Do if You Are Suspected of DUI If a law enforcement officer suspects you of DUI at a checkpoint, they may ask you to perform field sobriety tests or submit to a breathalyzer test. While you can refuse these tests, doing so can result in an automatic license suspension under Florida's implied consent law. If you are arrested for DUI, it's crucial to contact an experienced criminal defense attorney as soon as possible to protect your rights and build a strong defense. How the Law Offices of Jeffrey S. Grossman, LLC Can Help If you have been charged with a DUI after encountering a Florida DUI checkpoint, seeking legal representation from an experienced DUI defense attorney is essential. At the Law Offices of Jeffrey S. Grossman, LLC , we understand the complexities of Florida's DUI laws and can help you navigate the legal process. Our team will work diligently to protect your rights, challenge the evidence against you, and develop a strong defense strategy tailored to your case. With our expertise in Florida DUI Checkpoints: Your Rights and Responsibilities, you can trust that your case is in capable hands. Contact the Law Offices of Jeffrey S. Grossman, LLC today and let us help you fight your DUI charges!
If you’re a driver in Florida, it’s important to stay current with the laws of the road. One of those is the state’s “Move Over” law, established to ensure that everyone stays safe on the highway. The statute requires that drivers safely move over or slow down for approaching or stopped emergency or service vehicles. Not following the law can be dangerous for drivers and roadside workers. Additionally, it can lead to fines and points on a person’s driving record. Have you been cited for failing to yield for an emergency vehicle in Fort Lauderdale? Schedule a consultation with the Law Offices of Jeffrey S. Grossman, LLC by calling 555-555-5556 or submitting an online contact form today. What Is Florida’s Move Over Law? Motorists driving in the Sunshine State are required by Florida Statutes § 316.126 to move over or slow down for emergency or other service vehicles. When these vehicles are coming up from behind a motorist with lights and/or sirens activated, drivers must yield the lane, pull as close to the curb as possible, and clear the intersection. The driver must stop and remain so until the emergency vehicle has passed. The Move Over law doesn’t just apply to approaching emergency or other service vehicles. It also applies to stationary vehicles, including law enforcement, sanitation, utility, and maintenance or construction vehicles. When any of these vehicles are stopped on the road with its lights activated, drivers must vacate the lane closest to it. If it’s not possible to safely move over, motorists should reduce their speed. Drivers must slow down as follows: To 20 miles per hour or less than the posted speed limit when the posted speed limit is 25 miles per hour or more To 5 miles per hour when the posted speed limit is 20 miles per hour or less What Is the Purpose of the Move Over Law? Florida’s Move Over law is designed to help protect the safety of emergency workers, first responders, and other service personnel who must often perform necessary duties on the roadside. It ensures that when drivers pass them, they do so safely and without putting themselves or others at risk. Failing to adhere to Florida Statute § 316.126 could lead to serious consequences, such as collisions with other vehicles or roadside workers. Obeying the law helps drivers avoid preventable crashes, keeping Florida’s roads safe for residents and visitors. Moreover, other motorists are likely to follow suit when one person moves over or slows down for stopped or approaching emergency or service vehicles. What Are the Penalties for Violating the Statute? Drivers who fail to observe the Move Over law will be cited and charged with a noncriminal infraction. The consequences of being found guilty include a hefty fine. Additionally, failing to yield to emergency or service vehicles is a 3-point violation. In Florida, when drivers accrue 12 or more points on their driving records in 12 months, they can be subject to a 30-day driver’s license suspension. Thus, staying vigilant and following the Move Over law can help motorists avoid any adverse actions against them. How to Stay in Compliance with the Law Florida’s Move Over law is an important safety requirement that all drivers must be aware of. To ensure compliance with the law, motorists must remember to: Pull over when an emergency vehicle is approaching from behind. Move over when passing a stopped emergency or service vehicle. Reduce speed and proceed with caution if moving over is not possible. Remember, the Move Over law was created to protect those working along the roadside and ensure everyone stays safe while out driving. Can You Fight a Move Over Ticket Receiving a citation for failing to move over or slow down for an emergency or service vehicle does not mean an automatic conviction for the alleged offense. Drivers can challenge the ticket and seek to avoid or minimize penalties. Doing so requires developing a compelling legal strategy based on the facts and applications of the law. A motorist trying to handle their matter on their own might face challenges and frustrations. That is why it is a good idea to retain the services of an attorney versed in traffic law . A lawyer can assess the case, analyze the evidence, and determine how to challenge the accusations of a violation . To discuss your case with our Fort Lauderdale attorney at the Law Offices of Jeffrey S. Grossman, LLC , please contact us at 555-555-5556 .
Florida statutes define domestic violence , sometimes simply referred to as DV, as any act that results in someone’s physical or emotional harm or death at the hands of a family or household member. The family or household member category includes the following: Spouse Former spouse Blood or marriage relative A child’s other parent Persons residing together A DV conviction can have dire consequences on someone’s personal and professional life. If you face any accusations of domestic violence in Florida, you should reach out to a competent criminal defense lawyer who specializes in DV to help protect your rights and your future. Types of Domestic Violence Charges in Florida Battery . Any intentional contact with another person without their consent. Aggravated battery. Battery that results in significant physical injuries, permanent disability, or disfigurement. It can also be a case of battery that involved a deadly weapon even if it did not result in severe bodily harm. Simple or aggravated sexual battery. Sexual contact with someone else without their consent, including by the use of physical force, threats, or intoxication. Assault. An intentional physical or verbal threat that makes the victim fear for their physical safety. Aggravated assault. Assault with a deadly weapon without the intent to kill, or with the intent to commit a felony. Simple or aggravated sexual assault . Assault of sexual nature, including child pornography and rape. Stalking. A behavioral pattern where someone follows or monitors an individual’s actions without their consent. Includes cyberstalking. Violation of restraining orders. What Are the Possible Penalties for a Domestic Violence Conviction? A conviction for domestic violence can involve any of the following penalties in Florida: 12 months of supervised probation Community service Completion of a 26-week Battery Intervention Program Ten days of mandatory jail if the victim was injured (additional mandatory jail time for subsequent offenses) Loss of child custody Loss of your civil right to own a firearm Restraining orders State prison sentence It is also important to understand that a domestic violence conviction is not eligible for sealing or expungement , making it a permanent entry in your criminal record. This type of conviction can also affect your immigration status and result in deportation. A DV conviction can also severely impact your educational, professional, and personal life. Many schools, credit agencies, landlords, employers, and government agencies can limit opportunities available to persons convicted of DV crimes. Common Defense Strategies Against DV Charges Domestic violence accusations can easily happen in the heat of the moment and result from arguments. It is not uncommon for police officers to place all parties involved under arrest when they answer a call for DV allegations. Your criminal defense lawyer has various options to build an effective defense strategy, including: Demonstrating that the alleged victim is not credible, including the case of a vindictive spouse who wants to interfere with your parental rights Showing that you acted in self-defense or to defend your property Proving you did not intend to cause harm Hire a Reputable Criminal Defense Attorney to Protect Your Future With increased public attention to domestic violence and prosecutors’ dedication to convicting individuals facing domestic violence charges, you should hire an experienced criminal defense attorney as soon as possible. Although you should be polite with law enforcement, you should remember that you have the right to remain silent and work with a lawyer before saying anything that could be used against you. At The Law Offices of Jeffrey S. Grossman, LLC, we fiercely advocate for your rights and fight to obtain a dismissal of charges against you. When you trust us with your defense, we carefully review your situation before conducting our own investigation. When building your defense, our team: Gathers all evidence Speaks with witnesses and, if necessary, professional experts Asks vital questions to gain the full picture of the situation Assesses mitigating circumstances Negotiates out of the courtroom Represents you during a trial We also educate you on the possible penalties you are facing and how they may impact your future. If you had a bond that included a “no contact” condition that prevents you from going to your residence or seeing your children, attorney Grossman can ask the judge to waive that requirement. Are you facing domestic violence charges in Fort Lauderdale or its surrounding areas? Call The Law Offices of Jeffrey S. Grossman, LLC, today at 954-637-1154 or use our online form to schedule a consultation!
Florida law requires all drivers to operate their vehicles at a safe speed, which means you should respect the posted speed limit on the highway. Should you go beyond that speed, you can face various penalties depending on how much beyond the limit you were driving. The state also has laws that mandate drivers to drive below the posted speed limit that is a “reasonable and prudent” speed based on the conditions of the road. If the weather conditions are hazardous, construction work is going on, or another factor that may interfere with the standard speed limit, you have to drive slower than the posted speed limit. Although driving less than five miles over the speed limit may result in a simple warning, fines, points on your driver’s license, and other penalties can happen if you speed on a Florida highway, especially if you are violating additional traffic regulations . Fines Less than 6 MPH over the speed limit in a school or construction zone: Approximately $155, Between 6 MPH and 9 MPH over the speed limit: Approximately $130 Between 10 MPH and 14 MPH over the speed limit: Approximately $205 Between 15 MPH and 19 MPH over the speed limit: Approximately $255 Between 19 MPH and 29 MPH over the speed limit: Approximately $280 Above 29 MPH over the speed limit: Mandatory Court appearance is required Fines can increase if you commit additional traffic violations or are involved in an accident. You can also receive other penalties like points on your driver’s license. Points on Driver’s License If you pay your speeding ticket, rather than fight it, you will have points assessed on your driving record. Drivers usually get 3 points on their license if they went up to 15 miles above the speed limit and four points if they went above 15 miles over the authorized speed. If your speeding caused an accident, you get additional points. Suspension of Your Driver’s License If speeding or other traffic violations result in twelve points on your driver’s license over twelve months, you get your license suspended for 30 days. This generally requires that you take an advanced driver improvement course to get your license back. Make sure not to drive while your license is suspended, as it is a serious offense in Florida and can result in severe penalties. Insurance Costs A speeding ticket can result in an increase in insurance costs if you. pay the ticket, as you will be adjudicated guilty. When Speeding Becomes Reckless Driving When you drive excessively over the speed limit, you could be charged with reckless driving, which is classified as a misdemeanor and requires a mandatory court hearing. Speeding 50 PMH or more above the limit can lead to a third-degree felony charge in addition to standard reckless driving. If you violate any additional traffic laws or cause an accident, you can also end up with a felony conviction and severe penalties. In Florida, a reckless driving felony conviction can result in: Up to five years in prison Up to 5,000 in fines Up to 10 years of driver’s license suspension Vehicle confiscation Can I Contest the Speeding Ticket in Florida? If you are considering challenging a speeding ticket, you should consult an attorney that specializes in traffic tickets and can review your situation and make recommendations accordingly. Here are some possible defense strategies against a speeding ticket: You could not see a posted speed limit sign because something obstructed it You may contest the officer’s training or method used to measure your speed Existing conditions did not create a situation requiring a speed lower than the posted limit Speaking with a reputable attorney can make a positive difference in whether you challenge your speeding ticket and securing a positive outcome if you decide to do so. Are you considering challenging a speeding ticket in Fort Lauderdale or its surrounding areas? Contact The Law Offices of Jeffrey S. Grossman, LLC , today at 954-637-1154 to schedule a consultation!
Individuals involved in an automobile accident may “flee the scene” due to fear, confusion or guilt. This is especially true if the person is driving without a valid driver’s license, drinking and driving, or otherwise feels responsible for the accident. And while instances of “leaving the scene” may be common in Florida, doing this can lead to serious consequences. Regardless of who is at fault, in Florida, drivers are required to remain at an accident scene and fulfill certain legal obligations. These obligations depend on the severity of the accident. Florida’s Accident Requirements If you are involved in an accident involving only property damage, Florida law requires you to: Immediately stop your vehicle at the scene or as close as possible to it. Notify the owner/operator of any vehicle involved (or the owner of other property that is damaged) of your driver’s name, address and registration number. Show your driver’s license if asked by the other party. Provide your license, registration, address and other information to investigating officers. In cases where the damaged property is unattended, you must either locate the property owner and then comply with the law, or you can securely attach a written notice of your name, address and vehicle registration to the property. Then, you must also notify the nearest law enforcement agency. If the accident involves bodily injury or death, Florida law requires you to: Stop your vehicle at the scene of the crash or as close as possible to it. Provide your name, address and vehicle registration number to the other driver. Show your driver’s license or permit to drive, if asked. Provide your license, registration, address and other information to any law enforcement personnel. If it is obvious that medical treatment is required or if the other person requests it, you are required to offer help or call for “reasonable assistance.” If the other driver or injured person cannot receive the information, you must report the crash to law enforcement. Florida’s Hit-and-Run Penalties Failing to stop and fulfill your legal requirements after an accident can result in criminal charges. Penalties range, depending on the details of the accident: Accidents That Involve Only Property Damage Second-degree misdemeanor, punishable by up to 60 days in jail, 6 months’ probation and a $500 fine Accidents That Involve Non-Serious Injury Third-degree felony, punishable by up to 5 years in prison, 5 years’ probation and a fine up to $5,000 Accidents That Involve Serious Bodily Injury Second-degree felony, punishable by up to 15 years in prison and a fine up to $5,000 Accidents That Involve Death First-degree felony, punishable by up to 30 years in prison, with a minimum sentence of 4 years and a fine up to $10,000 Hit-and-run accidents that involve injury or death all include loss of driver’s license for a minimum of 3 years. Defenses Against a Hit-and-Run Charge in Florida There are ways to fight a leaving the scene case, such as: Lack of knowledge that there was impact with another vehicle, person, or property Failure to stop was not willful, but rather was dictated by other circumstances Defendant stopped as close to the scene of the crash as possible Other driver refused to receive identifying information Other driver became belligerent or threatening, requiring you to leave the scene and call police Trust Our Firm to Help The good news is that we have assisted many people charged with leaving the scene of an accident. We have helped them receive dismissal of charges, reduced charges, or reduced penalties by presenting mitigating circumstances. If you need help with a hit-and-run allegation, contact our firm today. You can call us at 954-637-1154 or contact us online.
From porch pirates to vehicle break-ins, theft and property crimes typically rises during the winter holidays. Homes filled with gifts and people carrying more cash make an ideal environment for criminals. Once summer ends, theft crimes usually fall only to rise again in December. Some thefts are by people looking for ways to provide gifts to their families or pay off bills. There are more checks in the mailbox and packages on doorsteps, which makes crimes of opportunity too good for some to pass up. The Sunshine State & Holiday Crime Spike Florida has the distinction of having more crime in December than other states . According to Alarms.org, Florida’s crime score of 81.5 ranks the state well above the average nationwide score of 32.9. For perspective, the state with the second-worst crime rate during the holidays is New Mexico with a score of 41.0. Maine’s score of 18.9 is the lowest in the country. Property crimes generally increase an average of 20% in the 12th month of the year. On the positive side, violent crimes such as murder do not usually rise. Types of Theft Crimes in Florida Florida law provides a general definition of theft : “A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: Deprive the other person of a right to the property or a benefit from the property. Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.” Most theft crimes are categorized as either grand theft or petit theft. The state also has laws regarding shoplifting, also called retail theft in Florida . Retail theft is defined as “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.” The value of the property taken, and other circumstances determine how a theft crime is charged: Second-Degree Petit Theft: This is the least serious of the theft offenses. This is a misdemeanor and involves property valued at less than $100. A conviction can mean up to 60 days in jail and/or a $500 fine. First-Degree Petit Theft: While still a misdemeanor, this charge is a step higher than second-degree and is punishable by up to 1 year in jail and/or a $1,000 fine. The property taken is valued between $100 and $749.99. Third-Degree Grand Theft: This is a felony-level theft crime. This violation involves property valued at $750 or more but less than $20,000. A conviction on this charge can bring a sentence of up to 5 years in prison and/or a $5,000 fine. Second-Degree Grand Theft: This charge is typically reserved for thefts of property valued between $20,000 and $100,000, but there are some exceptions. This can also be charged if the property ($5,000 to $20,000) is looted during a declared state of emergency or a riot. Judges can issue sentences of up to 15 years in prison and/or a $10,000 fine. First-Degree Grand Theft: Anyone taking property valued at $100,000 or more can be charged at this level. Second-degree grand theft can be elevated to first-degree if the theft occurs during a declared state of emergency or riot. The most serious of theft crimes, first-degree grand theft penalties include up to 30 years in prison and/or a $10,000 fine. Habitual offenders will be given stiffer penalties as will someone convicted of theft involving a victim aged 65 or older. Retail theft/shoplifting is usually charged in accordance with the same property-value categories as petit theft and grand theft. While any specific shoplifting event may not equal much in value, multiple events within a 30-day period can be aggregated. Shoplifters who conspire with others to commit retail theft also face elevated penalties. Defenses to Theft If you are accused of theft, your attorney will evaluate the circumstances involving in the alleged offense and strategize your defense. Possible defenses to theft include: Lack of intent – you had a good faith basis that you owned the property in question. Legal right – You had a legal right to take or dispose of the property in question. Necessity or Duress – Necessity is a situation where your conduct cannot be avoided because it prevented a greater harm from happening and duress is a situation where you take the property of another because you are warding off a threat to yourself by a third party. Accused of a Theft Crime? We Can Help At Law Offices of Jeffrey S. Grossman, LLC , our law firm is dedicated to defending Floridians accused of crimes . Theft crimes – even misdemeanors – can mean losing your freedom. The mark on your criminal record can make it difficult to obtain federal student loans, be approved for housing, or retain your right to own a firearm. If you are accused of a theft crime, contact our law office immediately . Our team will immediately dive into your case and create a strategy specific to you and the circumstances. We aim to get charges dropped and keep you from spending time behind bars. We are skilled negotiators and fierce defenders in the courtroom. Arrests can happen 24/7, so we are available to help you day and night. When you need criminal legal defense, call 555-555-5556 .
In Florida, a first offense of driving while your license is suspended, revoked, or canceled (DWLS) is a second-degree misdemeanor, punishable by a maximum jail sentence of 60 days and/or a fine of up to $500. First-time offenders usually do not receive a jail or probation sentence. Keep in mind that you can be charged with DWLS even if you do not have a driver’s license if your privilege to drive has been suspended or revoked, for instance, because you have a child support payment violation. A second offense or subsequent is a first-degree misdemeanor, which carries a jail term of up to one year and/or a maximum fine of $1,000. Many second-time violators of this law are sentenced to probation in lieu of jail time. When it comes to a third or subsequent DWLS offense, a recent change in the law requires a judge to sentence a violator to a minimum of ten days in jail. And it does not matter how long ago your previous DWLS charges occurred. However, upon your third or subsequent DWLS offense, if the reason your driver’s license was suspended is due to a DUI, Refusal to Submit to a breath, urine or blood alcohol test, a traffic offense causing death or serious bodily injury, or fleeing/eluding police, you can be charged with a third-degree felony, which can result in a prison sentence of up to five years and/or a maximum fine of $5,000. Additionally, you could be classified as a “habitual traffic offender” (HTO) by the Florida Department of Highway Safety and Motor Vehicles if your two prior offenses occurred within a five-year period of the third offense. An HTO classification carries a five-year driver’s license suspension. Driving as an HTO is also a third-degree felony. You may have defenses and there may be ways to avoid jail time (even if you have been charged with a third or subsequent DWLS, so it is important that you contact an attorney upon receiving a citation for DWLS. If you have been arrested for driving with a suspended or revoked license in Fort Lauderdale, call the Law Offices of Jeffrey S. Grossman, LLC at 954-637-1154 or fill out our online contact form to schedule a free consultation. We represent clients throughout the state of Florida, focusing on the South Florida area, including Palm Beach, Broward, and Miami-Dade Counties.
Concealed Weapons License It is illegal to carry a concealed firearm without a concealed weapons license—even if you are a licensed gun owner. See below to learn how to apply for a concealed carry license. What Happens If You Carry a Concealed Firearm Without a License? If you are caught and arrested for carrying a concealed firearm without a license, you can be charged with a third-degree felony, which is punishable by up to five years of imprisonment, five years of probation, and/or a fine of no more than $5,000. It is important to note that felony convictions can also restrict certain civil liberties, including an offender’s right to bear arms. Convicted felons are not allowed to own or possess (i.e. own, possess, hold, or use) a gun and violations of this restriction also carry serious penalties. Legal Defenses for Carrying a Concealed Firearm To prove that this crime has been committed, the prosecution must establish (beyond a reasonable doubt) that the alleged offender knowingly carried on or about his person a firearm; concealed the firearm from the ordinary sight of another person and at that time, the alleged offender was not licensed to carry a concealed firearm. Possible defenses against these charges include: The alleged offender did not have knowledge or exclusive control of the firearm. The alleged offender did not possess a firearm. The alleged offender had a concealed carry license. The firearm was in plain sight. The firearm was not readily accessible or was not ready for immediate use. The prosecution lacks evidence and cannot prove a crime was committed. Even if you have a license, you cannot carry a handgun or concealed firearm in locations including but limited to: A courthouse or courtroom A detention facility, jail, or prison A police, sheriff, or highway patrol station A career center A place of nuisance (see Florida Statute § 823.05) A polling center A school, college, or athletic event A business establishment licensed to sell alcoholic drinks An airport terminal Any location that prohibits firearms under federal law What Is a Concealed Firearm? Under Florida Statute § 790.001 , a firearm is any weapon that is designed to, will, or can be easily made to release a projectile via an explosion, a firearm muffler or silencer, a destructive device, the frame or receiver of a weapon, or a machine. Antique firearms are not included in this definition unless they are used to commit a crime. Under the same statute, a concealed firearm is any firearm included in the previous definition that is carried on or about a person (i.e. is readily accessible to a person) in such a way that would obstruct another person from viewing the weapon. Get Help from Our Experienced Weapon Crimes Attorney To protect your rights and freedom, you need the help of a reliable attorney. For nearly two decades, the Law Offices of Jeffrey Grossman, LLC has helped clients achieve favorable case results by providing them with aggressive, individualized legal representation. Our attorney understands that each case is different and offers each client: A personalized defense strategy Honest guidance on possible case outcomes Aggressive representation Decades of experience How to Apply for a Concealed Carry License You must submit an application to the Florida Department of Agriculture and Consumer Services. Under Florida Statute § 790.06 , you can qualify for a license if you are: A legal, permanent resident or citizen of the United States At least 21 years old Competent with a firearm (as evidenced by the completion of safety training, and/or an educational course administered by the National Rifle Association, Fish and Wildlife Conservation Commission, a law enforcement agency, or other suitable association) Found to have not been committed to a mental institution Not a convicted felon Not awaiting sentencing or serving a suspended sentence for a felony or misdemeanor violent offense (unless 3 years have passed since probation or other conditions have been fulfilled or your record has been expunged) Not deemed an incapacitated person (see Florida Statute § 744.331) Not prohibited from owning, buying, or carrying a firearm by Florida or federal laws Not suffering from a substance or drug abuse problem Physically able to handle a firearm safely (even if you suffer from a physical disability) To complete the application , you will need the following information and documents as well as the nonrefundable license fee of $55 (for standard issuance; if you are applying for renewal, the fee is $45): Your legal name, address, and birthdate A statement that you adhere to the qualification guidelines A statement that you have read or received a link or copy of Florida Statute § 790.06 A statement that you are applying for this license as a means of lawful self-defense An acknowledgment of the warning that you face a second-degree misdemeanor for willfully falsifying information in the application In Florida, concealed carry licenses are valid for 7 years, starting on the date of issuance. After receiving your license, you should carry your license with you when you have a concealed firearm as a police officer may ask you to prove you are licensed. If you have been charged with a weapons crime, contact our firm today online or at (954) 280-8811. Once you retain our firm, we can work to investigate the incident, collect evidence in support of your defense, get prosecutorial evidence dismissed, and mitigate your charges.