When facing Criminal Charges, it is imperative to have a Criminal Defense attorney by your side from first appearance to your arraignment and in rare cases, to trial. Laura will negotiate with prosecutors, file any necessary motions, collect and analyze discovery, and most importantly, listen to what you want. Most cases are resolved with plea deals or dismissals. When a case does go to trial, Laura will aggressively fight for the best result.
Florida statutes are very specific as to what it takes to commit a crime. It is the job of a criminal defense attorney to be sure the prosecution proves each and every element of the crime you have been charged with. So what are some of the facts the state will have to prove before you are convicted for the below crimes?
- Is the alleged speed written on the ticket?
- Was the speed limit clearly posted?
- Can the officer prove he/she has proper training to operate the speed measuring device?
- Can the officer prove that required accuracy checks were performed on the speed measuring device?
Florida Speeding Ticket Statutes:
- Did the officer have a valid reason for stopping the vehicle in the first place?
- Were the observations of the officer that made them believe you were under the influence actually connected to being under the influence?
- Was a proper Miranda given prior to any statements being made?
- Was the field sobriety test, a breath test, or a blood test taken properly?
Florida DUI statutes
- 316.193 Driving under the influence; penalties.
- 316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
- 316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.
- 316.1934 Presumption of impairment; testing methods.
- 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.
- 316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.
- 316.1937 Ignition interlock devices, requiring; unlawful acts.
- 316.1938 Ignition interlock devices, certification; warning label.
- 316.1939 Refusal to submit to testing; penalties.
- Was there a domestic relationship?
- Are the allegations corroborated by other evidence?
- Does the victim have a reason to falsley accuse you?
- Was there a valid defense such as self defense, defense of others, or stand your ground?
Florida Domestic Violence Statutes
- 741.28 Domestic violence; definitions.
- 741.281 Court to order batterers’ intervention program attendance.
- 741.283 Minimum term of imprisonment for domestic violence.
- 741.29 Domestic violence; investigation of incidents; notice to victims of legal rights and remedies; reporting.
- 741.2901 Domestic violence cases; prosecutors; legislative intent; investigation; duty of circuits; first appearance.
- 741.2902 Domestic violence; legislative intent with respect to judiciary’s role.
- 741.30 Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption.
- 741.31 Violation of an injunction for protection against domestic violence.
- 741.313 Unlawful action against employees seeking protection.
- 741.315 Recognition of foreign protection orders.
- 741.316 Domestic violence fatality review teams; definition; membership; duties.
- 741.3165Certain information exempt from disclosure.
- 741.32 Batterers’ intervention programs.
- 741.325 Requirements for batterers’ intervention programs.
- 741.327 Certification and monitoring of batterers’ intervention programs; rules.
- Was property taken?
- Was force used?
- Did the property have value?
- Did you intend to permanently depreive the alleged victim of the property?
Florida Robbery Statutes
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