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Category Archives: Driving Under the Influence/DUI

What is an open plea?

Tampa criminal lawyers are often asked about what an open plea actually entails.  An open plea is a plea, where there is no agreement for a specific sentence with the prosecutor, be it the State Attorney’s Office or the United States Attorney’s Office.   While the overwhelming majority of pleas involve an agreed upon sentence and […]

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Brandon Criminal Defense Lawyers: What is leaving the scene of an accident with property damage?

Our Brandon Criminal Defense Lawyers discuss the charge referenced above and the potential penalties associated with the same.  In short, leaving the scene of an accident with property damage could actually result in three charges. First, one could be charged under Florida Statute 316.036 for damaging an unattended vehicle or other property.  This occurs when […]

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How quick can we get before a judge on my Tampa violation of probation?

Tampa violation of probation attorneys are constantly asked about violations of probation, and even more importantly, how quickly folks can get out of jail due to the no-bond status associated with a felony violation of probation. As we’ve discussed elsewhere on our Tampa violation of probation attorney blog, technical violations of probation in Tampa are […]

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Are there special programs for first time offenders in Hillsborough County?

Our Tampa Criminal Defense Attorneys are often asked this questions by normal folks, who unfortunately have their first brush with the law.  Of course, they charges can range from driving under the influence, misdemeanor possession of marijuana, battery or other possession of controlled substance charges. Fortunately for most folks, there are ample opportunities for first […]

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Why can the State Attorney’s Office continue to bring up my prior criminal charges?

Many individuals previously convicted of criminal charges in Florida are incredibly frustrated with Florida’s current sentencing structure which permits the State Attorney’s Office in its preparation of scoresheets and plea negotiations to continue to bring up old charges.  Further, most judges in misdemeanor cases, which do not invoke the Florida scoresheet system, consider prior convictions […]

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I violated probation, should I still go to my probation appointment?

This question is a somewhat difficult question for Tampa violation of probation attorneys since it sort of a damned if you do, damned if you don’t situation.  As we have discussed elsewhere on our Tampa violation of probation attorney blog, there are two types of violations of probation – substantive and technical.  Substantive violations involve […]

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Tampa Defense Lawyer: Is it true that an undercover officer must tell me they are, if I ask?

Tampa Defense Lawyers are often asked about whether a police officer, must advise they are a police officer, during some sort of undercover sting, whether it involves narcotics, prostitution, firearms, etc.  In short, they absolutely are not required to do so.  Like so much other information relating to the criminal justice system, this is an […]

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Tampa DUI: Can I get a DUI if the car keys were in the trunk or backseat?

Yes, you can be given a driving under the influence charge because as our Tampa DUI attorneys explain the law only requires actual physical control, not necessarily driving or the vehicle even being turned on.  Tampa DUI attorneys are often asked about the specifics for receiving a driving under the influence charge relating to whether […]

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What does the phrase Attorney-Client Privilege Mean?

Many Tampa attorneys in their initial consultation with their clients will use the phrase “attorney-client” privilege. This phrase is referring to the confidentiality between the attorney and their client regarding the matters discussed and exchanged during their meetings. Obviously, this is a far more complex subject than the simple one-sentence definition I provided above, so […]

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Why did the judge ask me about my immigration status during my plea colloquy?

In Florida, nearly all criminal judges are now asking criminal defendants about their immigration status during their plea colloquies and whether they have had adequate time to consult with an immigration attorney if they have immigration concerns. This entire issue derives from a United States Supreme Court case titled, Padilla vs. Kentucky. In this case, […]

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