Recent Posts in misdemeanor Category
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Posted on May 24, 2013 By Soler Slack Law
Often times, yes there is. At arraignment (which is very early in a criminal case) the state usually has done very little investigation. In other words, they might not have any idea what really ...
Continue reading "The state is asking for jail at my arraignment, is there anything that can be done?" »
Posted on May 10, 2013 By Soler Slack Law
The "discovery process" in a criminal case is the process whereby the defendant demands, and the state turns over, all evidence that the state has in its possession that it plans on using ...
Continue reading "What is discovery in a criminal case?" »
Posted on May 9, 2013 By Soler Slack Law
In order to convict you of driving under the influence (DUI), the state of Florida must prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence of alcohol or ...
Continue reading "Can I be convicted of DUI simply because I have an illegal drug or a controlled substance in my blood or urine?" »
Posted on May 8, 2013 By Soler Slack Law
There are a lot of misconceptions about how juvenile charges work and how they effect charges later on in life. Most people view juvenile charges and convictions as being not very serious. However, ...
Continue reading "Will my juvenile conviction count against me for my new arrest?" »
Posted on Apr 18, 2013 By Soler Slack Law
While the terms of probation can vary from area to area, there are some specialzed probation programs that will be given in some cases. One of the more popular types of probation in Sarasota and ...
Continue reading "What is the difference between drug offender probation and regular probation?" »
Posted on Apr 11, 2013 By Soler Slack Law
Recently, a statewide initiative to curb underage drinking took place in Sarasota and Manatee counties. Known as Operation Dry Spring, the initiative focused on underage drinkers out for spring break ...
Continue reading "Arrested in Sarasota or Manatee for underage drinking as part of Operation Dry Spring?" »
Posted on Apr 3, 2013 By Soler Slack Law
Many people become confused about the difference between probation and pre-trial intervention (PTI). Both are "resolutions" to a criminal case. While there are some similarities, there are ...
Continue reading "What's the difference between PTI (pre-trial intervention) and Probation?" »
Posted on Mar 25, 2013 By Soler Slack Law
It is becoming increasingly common to read police reports where evidence of drugs was allegedly found after a "consensual" search only to speak to the defendant who is adamant that he or she ...
Continue reading "The police officer is lying: I never gave consent to search" »
Posted on Mar 11, 2013 By Soler Slack Law
If you have been charged with driving under the influence (DUI) and have a prior DUI conviction, you may qualify for Sarasota County DUI Court. The Sarasota DUI Court Program is an excellent program ...
Continue reading "Two or more DUI's? Sarasota DUI Court focuses on getting you help rather than giving you a lot of jail time." »
Posted on Feb 28, 2013 By Soler Slack Law
A defense available to those charged with misdemeanor battery (also called "touch or strike battery") is the defense of consent. An essential element of misdemeanor battery involves an ...
Continue reading "I was charged with misdemeanor battery after a mutual combat fight, are there any defenses available to me?" »
Posted on Feb 27, 2013 By Soler Slack Law
Oftentimes there are no independent witnesses in battery and domestic battery situations—they are often "he said, she said" crimes. Police often rush in and charge one person hastily, ...
Continue reading "Accused of Domestic Violence or Battery? Be sure to take pictures of all defensive Injuries." »
Posted on Feb 5, 2013 By Soler Slack Law
While criminal and civil court are very different areas of law, sometimes they do crossover with one another. Many times when a battery or DUI with property damage occurs, there will be an ...
Continue reading "What effect does pleaing guilty or no contest have on a civil suit?" »
Posted on Jan 30, 2013 By Soler Slack Law
One of the most common questions people have when considering probation is how long do I have to be on probation? Early termination is usually a possibility. The conditions that must be met before ...
Continue reading "Can I get off probation early in Sarasota?" »
Posted on Jan 22, 2013 By Soler Slack Law
The term "extradition" often brings up the image of an international criminal who jumps from country to country committing crimes and has finally been caught in some country and the relative ...
Continue reading "What is extradition in Florida?" »
Posted on Jan 7, 2013 By Soler Slack Law
The answer is undoubtedly yes. You should always be honest with your attorney in discussions. Anything you tell him or her is privileged and can only be discussed openly in very few situations. The ...
Continue reading "Should I tell my attorney that I am Guilty?" »
Posted on Jan 2, 2013 By Soler Slack Law
As odd as this question may first sound, people often become concerned when there is a delay between investigation and arrest. Many times a detective will talk with an individual, the individual may ...
Continue reading "Cops investigated a crime but haven't made an arrest? What's going on?" »
Posted on Dec 17, 2012 By Soler Slack Law
If you hire our firm to represent you for your misdemeanor case in Sarasota County we can likely waive your appearance for your arraignment and your pre-trial conference court dates. This means that ...
Continue reading "I can't make it to my court date for my misdemeanor criminal case in Sarasota County. What can I do?" »
Posted on Dec 10, 2012 By Soler Slack Law
Yes. Florida Statute 322.36, Permitting Unauthorized Operator to Drive, states: "A person may not authorize or knowingly permit a motor vehicle owned by him or her or under his or her dominion or ...
Continue reading "Is it a crime in Florida to let someone drive my car if I know they have a suspended driver's license?" »
Posted on Nov 27, 2012 By Soler Slack Law
The simplest answer is no. Florida has not recognized a medical use for marijuana and has not yet enacted legislation recognizing prescriptions from other states. Possessing or smoking marijuana in ...
Continue reading "Can I smoke marijuana in Florida if I have a prescription for it from another state?" »
Posted on Nov 21, 2012 By Soler Slack Law
A "wheel witness" is an essential witness in a case against a person for various criminal driving charges. As part of all driving charges, the prosecutor must prove that the individual ...
Continue reading "What is a wheel witness in Florida?" »
Posted on Nov 2, 2012 By Soler Slack Law
In order to convict one for possession of drugs or paraphernalia the state must prove that the person was in actual or constructive possession of the controlled substance or paraphernalia. Actual ...
Continue reading "What is the difference between actual possession and constructive possession in Florida?" »
Posted on Oct 30, 2012 By Soler Slack Law
When you are represented by an attorney in your criminal case, the attorney has a large amount of control over how to proceed with your defense. A good attorney will always listen and try to proceed ...
Continue reading "Should I testify in my case in Florida?" »
Posted on Oct 24, 2012 By Soler Slack Law
Under Florida law it possible for a juvenile who is 14 or older to be charged as an adult. In legal terms, it is known as "direct filing". The decision whether or not to direct file a charge ...
Continue reading "Can my child be charged as an adult in Florida?" »
Posted on Oct 16, 2012 By Soler Slack Law
We get asked quite frequently if people get arrested and go to jail at pre-trial conference for a misdemeanor charge in Sarasota County. The answer is generally, no. It is possible, though. Generally ...
Continue reading "Will I get arrested and go to jail at my pre-trial conference court date?" »
Posted on Oct 15, 2012 By Soler Slack Law
The answer, as usual, is it depends. Polygraphs cannot be used in court. Florida case law is clear that a polygraph is never admissible in court because it has not been shown to pass stringent enough ...
Continue reading "Can a polygraph exam (lie detector test) be used against me in Florida?" »
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