DUI: Formal Review Hearing

January 16th, 2013 | Posted in Articles, Criminal Law, DUI

By Attorney Carmen Tankersley

When you are charged with Driving Under the Influence (DUI), your license may be automatically suspended for six (6) months if you had a breath test result of .08 or greater, or 12 months, if you refuse to take a breath test. In such a case, a Formal Review Hearing may be requested to challenge the suspension of your driver’s license by the Department of Highway Safety and Motor Vehicles (the driver license administrative agency). This administrative suspension is separate from the suspension you might face if the judge orders it as part of your penalties if you are convicted of the criminal charge of DUI. Read more..

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Two strikes and you’re out!

January 14th, 2013 | Posted in Articles, Criminal Law

By Attorney Mark Longwell

You have always heard the phrase “Strike Three -You’re Out”, but in Florida certain criminal acts don’t afford you such a luxury. In certain cases, you don’t get a third swing. After two strikes, you’re out!

If a person commits a new crime within three years of their release from a prison, they can be subject to harsher sentences. In Florida, the Prison Releasee Reoffender Punishment Act, Florida Statue 775.082(9), provides for persons incarcerated in the Florida Department of Corrections to serve one hundred percent of their new sentence, with no allowance for good and gain time for certain offenses. Read more..

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5th Amendment Rights – They are that important!

January 9th, 2013 | Posted in Articles, Criminal Law

By Attorney Mark Longwell

Attorney David Gentle - Business Card Back

I have been practicing law in the State of Florida for over twenty years. In that time, I have found that some of the most basic constitutional rights that we share in our free society are ones nobody seems to remember. They are so simple and so important that for the past ten years they have been imprinted on the back of my business card.

Read more..

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Early Termination of Probation

January 8th, 2013 | Posted in Articles, Criminal Law

By Attorney Carmen Tankersley

Florida Statute § 948.04(3), states the following:

If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all financial sanctions imposed by the court, including, but not limited to, fines, court costs, and restitution, the Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date.

This statute allows an individual to request the court for early termination of probation when at least fifty percent (50%) of their probationary period has been completed together with all special conditions of probation, such as, but not limited to, counseling, courses, community hours, and all financial sanctions.  Read more..

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Domestic violence: Will the State drop the charge?

December 27th, 2012 | Posted in Articles, Criminal Law, Family Law, FAQ

When the police are called because of a domestic violence dispute, you can count on things getting out of your control. The laws of the State of Florida and the policies of police agencies presume that when a couple gets into a fight, violence ensues. In order to avoid any violence from occurring after they leave, the police will usually arrest one of the parties and let them cool off in jail. Unfortunately, that’s not where the story ends. Read more..

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What is entrapment?

December 26th, 2012 | Posted in Articles, Criminal Law

By Attorney Carmen Tankersley

Entrapment is a defense to a crime, such as trafficking. There are two different types of entrapment in the State of Florida: subjective and objective. Subjective entrapment is codified in Section 777.201, Florida Statutes (2012), and focuses on inducement of the defendant by an agent of the government when the defendant did not have a predisposition to commit the crime. Objective entrapment arises in the presence of egregious law enforcement conduct and is to be objectively evaluated under the Due Process Clause of Article I, Section 9, of the Florida Constitution. Munoz v. State, 629 So.2d 90, 99 (Fla.1993). Read more..

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What is “Speedy Trial” in Florida?

December 20th, 2012 | Posted in Articles, Criminal Law, FAQ

By Attorney Mark Longwell

When a person is arrested or charged with a crime, the law requires that the person is given a trial within a reasonable period of time. This is known as the right to a speedy trial. This is a fundamental constitutional right that is codified in Florida law. If not for this important right, the government could arrest or charge someone on flimsy facts, but still hold the person in jail while indefinitely delaying the requirement of proving the charge beyond a reasonable doubt at trial. The effect would be to allow the government to leave charged individuals to languish, while the government is under no time constraint to act. Read more..

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Arrested, booked and bonding

December 18th, 2012 | Posted in Articles, Criminal Law

You or someone you know has just been arrested. This is a confusing and scary process, but understanding what is going on can help you feel a little better as you continue through the system. At the first available moment you should contact an experienced criminal defense attorney in your area. They can help you through the system. Read more..

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Tips: When Involved in an Accident

November 27th, 2012 | Posted in Articles, Criminal Law, DUI

Photo by Ryan DesmondIf you are involved in a car crash, you don’t have to give any information that may be used to incriminate you in a criminal investigation (such as a DUI or Vehicular Manslaughter charge). You should exit your vehicle and remain OUTSIDE of the vehicle until you have fulfilled your obligations under Florida law. Florida law requires that a person involved in a crash resulting in injury or death to a person, or damage to an occupied vehicle, only needs to provide their name, address, and registration number of the vehicle. This is easily accomplished by producing your Driver’s License and Vehicle Registration. If it is apparent that a person needs medical assistance, or requests such, it is required that you render reasonable assistance, such as calling 911 for emergency assistance. Read more..

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DUI: 6 Tips You Should Know on Thanksgiving Eve

November 21st, 2012 | Posted in Articles, Criminal Law, DUI

Thanksgiving eve is one of the biggest nights for drinking and driving…and the police know it. We at Longwell Lawyers want to keep your holiday merry, so we suggest you keep the following information in mind while celebrating this season:

Photo by Ryan Desmond

  1. Do not drink to excess and drive. When in doubt, take a taxi or have a sober friend drive. Remember, you don’t have to be “drunk” to get a DUI, only “impaired.”
  2. Sleeping it off in your car can still get you arrested for a DUI. In Orlando and Florida, you can be arrested if you are in “actual physical control” of a parked car while impaired by drugs or alcohol. Sitting in the driver’s seat of a parked car with the keys in the ignition, even if you are sleeping, is all it takes. Read more..
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