FAQs Archive - Criminal Attorney Florida https://www.criminalattorneyflorida.com/faq/ Sun, 03 Dec 2017 01:35:46 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 The officer said I refused, but he never even asked me to do the breath test. Why did he do that? What can I do? https://www.criminalattorneyflorida.com/faq/officer-said-refused-never-even-asked-breath-test-can/ Sun, 03 Dec 2017 01:35:46 +0000 https://www.criminalattorneyflorida.com/?post_type=fcdl_faq&p=167 Sometimes, but not often a police officer can forget to ask you to provide a breath sample, realized it later and couldn’t fix his mistake so he covered it up by saying you refused.  Other times, an officer will simply say that you refused based on allegations of aggressive or defiant behavior.  There are also […]

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]]> Sometimes, but not often a police officer can forget to ask you to provide a breath sample, realized it later and couldn’t fix his mistake so he covered it up by saying you refused.  Other times, an officer will simply say that you refused based on allegations of aggressive or defiant behavior.  There are also situations where an officer doesn’t want to deal with the process and writes you down as a refusal to avoid additional paperwork.  These things happen which is why it is very important to have a DUI defense attorney working for you right away after your arrest for DUI in Ft. Lauderdale, Broward County or Broward County.

A criminal defense lawyer will ask the court for permission to take the depositions of each officer and witness in your DUI case.  At these depositions, your DUI defense lawyer can ask the police detailed questions about each phase of the investigation and arrest.  Most often, lazy officers are exposed through this process.  Officers who write vague reports will try to substitute their “memory” for what is missing from their report.  Whenever an officer says “My best recollection is…” what he really means is “I didn’t take the time to write that down, so I am going to wing it right now”.  Don’t fall victim to lazy officers, get an experienced DUI defense attorney to fight back.

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]]> My breath result was under .05, why was I arrested? https://www.criminalattorneyflorida.com/faq/breath-result-05-arrested/ Sun, 03 Dec 2017 01:35:35 +0000 https://www.criminalattorneyflorida.com/?post_type=fcdl_faq&p=166 You can be arrested if a police officer had probable cause to believe you were under the influence of alcohol, chemical or controls substances to the extent your normal faculties were impaired.  If the only information the officer had was your low breath result, you should not have been arrested unless the officer can point […]

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]]> You can be arrested if a police officer had probable cause to believe you were under the influence of alcohol, chemical or controls substances to the extent your normal faculties were impaired.  If the only information the officer had was your low breath result, you should not have been arrested unless the officer can point to other evidence of impairment by controlled substances or chemical substances.  There are very few police officers who can do that, they are called Drug Recognition Experts or “DRE”.  Unless you exhibited serious signs of impairment or urine test positive for drugs, a breath result that low will rarely if ever result in a conviction for DUI.

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]]> Police still arrested me for DUI even though my breath test was under the limit. Why? https://www.criminalattorneyflorida.com/faq/police-still-arrested-dui-even-though-breath-test-limit/ Sun, 03 Dec 2017 01:35:22 +0000 https://www.criminalattorneyflorida.com/?post_type=fcdl_faq&p=165 .08 is the legal limit for alcohol content in a persons breath.  Just because the breath result read below that number, does not mean that the police cannot still make an arrest, it just means that a conviction is less likely.  The police and the government will likely take the breath result and make other […]

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]]> .08 is the legal limit for alcohol content in a persons breath.  Just because the breath result read below that number, does not mean that the police cannot still make an arrest, it just means that a conviction is less likely.  The police and the government will likely take the breath result and make other claims that you showed signs of impairment from drugs or other chemical or controlled substances.  This is just another reason why refusing to submit is probably a better idea than blowing.

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]]> What if I am arrested in Florida, but I live in another state? https://www.criminalattorneyflorida.com/faq/arrested-florida-live-another-state/ Sun, 03 Dec 2017 01:34:55 +0000 https://www.criminalattorneyflorida.com/?post_type=fcdl_faq&p=164 Florida is a top destination for vacationers, spring breakers, retirees and even business travelers.   Unfortunately, many times people come to Florida and fall victim to our very aggressive police force.  When arrests happen for out of town defendants, there is nothing more important than hiring an experienced attorney to represent you.  You want to make […]

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]]> Florida is a top destination for vacationers, spring breakers, retirees and even business travelers.   Unfortunately, many times people come to Florida and fall victim to our very aggressive police force.  When arrests happen for out of town defendants, there is nothing more important than hiring an experienced attorney to represent you.  You want to make sure that you do not have to keep coming to court every few weeks and spend thousands of dollars on plane tickets and hotels.  An experienced criminal defense attorney can make sure that your presence in court is not required.  A skilled criminal defense lawyer can even resolve most types of criminal cases without you having to ever go to court or returning to Florida.

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]]> What if I was arrested in Florida, but I live in another country? https://www.criminalattorneyflorida.com/faq/arrested-florida-live-another-country/ Sun, 03 Dec 2017 01:34:34 +0000 https://www.criminalattorneyflorida.com/?post_type=fcdl_faq&p=163 Florida is a popular travel destination and sometimes people get arrested while on vacation.  If you live in another country and have been arrested for a misdemeanor or felony in Florida, you need to hire an attorney.  One of the best benefits of hiring your own private attorney is that most times, your presence in […]

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]]> Florida is a popular travel destination and sometimes people get arrested while on vacation.  If you live in another country and have been arrested for a misdemeanor or felony in Florida, you need to hire an attorney.  One of the best benefits of hiring your own private attorney is that most times, your presence in court can be waived.  If you do not have a lawyer, you will be required to attend all of your court hearings which can result in several thousands of dollars worth of airfare and hotel stays.  An Attorney can make sure that you do not have to go to court, and can even resolve most types of cases without you having to ever go to court or returning to the United States.

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]]> Can I be charged for drugs that belong to my roommate? https://www.criminalattorneyflorida.com/faq/can-charged-drugs-belong-roommate/ Sun, 03 Dec 2017 01:34:23 +0000 https://www.criminalattorneyflorida.com/?post_type=fcdl_faq&p=162 College students listen up.  You can be charged with possession of anything your roommate possesses that is either illegal under Florida Criminal Law or against campus policy.  This means weapons, drugs, drug paraphernalia even historic decorative ninja swords (true story).  It may not seem cool, but tell your roommate to get rid of the illegal […]

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]]> College students listen up.  You can be charged with possession of anything your roommate possesses that is either illegal under Florida Criminal Law or against campus policy.  This means weapons, drugs, drug paraphernalia even historic decorative ninja swords (true story).  It may not seem cool, but tell your roommate to get rid of the illegal stuff, or report it to the RA.  You do not want to get caught on campus, in campus housing with contraband.  You could be kicked out of campus housing or even suspended from school.

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]]> Can I be charged with criminal possession of my prescription drugs? https://www.criminalattorneyflorida.com/faq/can-charged-criminal-possession-prescription-drugs/ Sun, 03 Dec 2017 01:33:37 +0000 https://www.criminalattorneyflorida.com/?post_type=fcdl_faq&p=161 There are several prescribed drugs that are illegal to possess without a valid prescription.  However, a valid prescription for a narcotic is a complete defense to the crime of drug possession.  However, sometimes people get arrested for possession merely because the pills were loose in their pocket, purse or car.  To avoid any issues with […]

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]]> There are several prescribed drugs that are illegal to possess without a valid prescription.  However, a valid prescription for a narcotic is a complete defense to the crime of drug possession.  However, sometimes people get arrested for possession merely because the pills were loose in their pocket, purse or car.  To avoid any issues with an over zealous police officer, keep your medications secure in the original pill bottle.  Also make sure that the pills in the bottle match the prescription on the label.

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]]> What is Actual Possession of Drugs? https://www.criminalattorneyflorida.com/faq/actual-possession-drugs/ Sun, 03 Dec 2017 01:33:26 +0000 https://www.criminalattorneyflorida.com/?post_type=fcdl_faq&p=160 Actual possession means that the illegal item; drugs, weapons etc. is in your hand, in your clothing or in a container in your hand or clothing.

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]]> Actual possession means that the illegal item; drugs, weapons etc. is in your hand, in your clothing or in a container in your hand or clothing.

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]]> What is arraignment? https://www.criminalattorneyflorida.com/faq/what-is-arraignment/ Sun, 03 Dec 2017 01:33:15 +0000 https://www.criminalattorneyflorida.com/?post_type=fcdl_faq&p=159 Arraignment is a phase in criminal procedure where the court reads the formal charges that the state of Florida has brought against you.  This is the time when you, with the assistance and advice of your hired criminal defense attorney will enter a plea of not guilty, no contest or guilty.  Arraignment is a critical […]

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]]> Arraignment is a phase in criminal procedure where the court reads the formal charges that the state of Florida has brought against you.  This is the time when you, with the assistance and advice of your hired criminal defense attorney will enter a plea of not guilty, no contest or guilty.  Arraignment is a critical phase in the criminal system and should never be attended without the help of an experienced criminal defense attorney.  You usually have several weeks between the date of arrest and the arraignment to speak with and hire an affordable and skillful criminal defense attorney.

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]]> What is a BUI? https://www.criminalattorneyflorida.com/faq/what-is-a-bui/ Sun, 03 Dec 2017 01:33:02 +0000 https://www.criminalattorneyflorida.com/?post_type=fcdl_faq&p=158 BUI stands for Boating Under the Influence.  It is very similar to a DUI and is treated just as seriously.  The field sobriety tests given to suspected boaters under the influence are different than those given to drivers. The main reason is that the law enforcement officers often board your boat while it is still […]

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]]> BUI stands for Boating Under the Influence.  It is very similar to a DUI and is treated just as seriously.  The field sobriety tests given to suspected boaters under the influence are different than those given to drivers. The main reason is that the law enforcement officers often board your boat while it is still in the water.  When the boat is in the water and is rocking from the waves, it is very difficult to walk a straight line, so the police came up with other ways to test your coordination.  These tests as well as the breathalyzer are optional, and you should always ask to speak with an attorney before talking to any law enforcement.  Call Fort Lauderdale DUI Defense Attorney Grant Schwarz to begin building a case against your charges.

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