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Criminal Law

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Policing for Profit
Policing for Profit 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

GOOD-Cops-Main

Civil forfeiture laws allow police to seize your property, sell it and use the money to fund agency budgets. This means your car, cash, real estate or other property can be taken from you even if you are not convicted or charged with a crime.

I’m sure you are wondering how your property can be taken from you if you are not involved in any criminal activity. The answer to that is: Civil forfeiture is basically a way for the courts to try inanimate objects for their involvement with criminal activity. That is why civil forfeiture actions are in rem proceedings, which means “against or about a thing.”

Originally, civil forfeiture was created to drain resources from powerful criminal organizations, but today it has become a way of funding for law enforcement agencies and has also led to personal gain.  According to a 2003 article in the St. Petersburg Times, Tampa Bay police seized and kept cars for their own use. “The seized fleet consisted of some 42 cars, including a Lincoln Navigator, a Ford Expedition, and, Police Chief Bennie Holder’s favorite, a $38,000 Chevy Tahoe.”

In Florida, law enforcement must prove with clear and convincing evidence that the property being seized was related to criminal activity. Although this is a higher standard than most other states, it still puts property owners at a disadvantage. This is because unlike a criminal forfeiture case, in which the government has to prove someone is guilty “beyond a reasonable doubt,” the standards in a civil forfeiture case are much less rigorous. According to the Institute for Justice, “law enforcement in Florida still receives 85 percent of the funds generated from civil forfeiture.”

It is also a misconception that most people who have their property seized are wealthy. Some low-income families who do not have the resources to get their property back are also targeted by law enforcement. Regardless of socioeconomic status, it is not fair that likely innocent people are being stripped of their property without ever being convicted of a crime.

 

For more information, please read:

The Institute for Justice’s Initiative to End Policing for Profit

The Huffington Post article “Above the Law: New DPA Report Finds ‘Policing for Profit’ Gone Wild”

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Financial or White Collar Crimes
Financial or White Collar Crimes 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

corporate crime

White collar crimes involve deceiving individuals, organizations or companies of their money. This type of crime is non-violent and usually occurs when a person in a position of trust abuses his/her power. Some examples of white collar crimes include, but are not limited to:

  • Fraud
  • Money laundering
  • Electronic or cyber crime
  • Bribery and corruption
  • Embezzlement
  • Blackmail
  • Forgery
  • Tax Evasion

Although these crimes do not cause physical harm, they may carry heavy consequences. In Florida, penalties can include:

  • Second Degree Misdemeanor: Up to 60 days in jail and/or fines not exceeding $500.
  • First Degree Misdemeanor: Jail sentence up to 1 year and/or fines not exceeding $1,000.
  • Third Degree Felony: Imprisonment up to 5 years and/or fines up to $5,000.
  • Second Degree Felony: Imprisonment up to 15 years and/or fines not exceeding $10,000.
  • First Degree Felony: Imprisonment for up 30 years or possible life imprisonment and/or fines not exceeding $10,000.

An aggravated white collar crime is defined under the Florida White Collar Crime Victim Protection Act as “engaging in at least two white collar crimes that have the same or similar victims, results, accomplices, intents, or methods of commission, or that are otherwise related by certain characteristics showing the offenses are not isolated from each other.” An aggravated white collar crime is a first degree felony.

It is important to hire a defense attorney if you are charged with or believe you are being investigated for committing a white collar crime. Common defenses include 1) Challenging or disproving the state’s case and 2) Entrapment, which is when law enforcement induced someone to commit a crime that he/she would not have committed otherwise.

For more information on the different types of white collar crimes, please visit: http://www.hg.org/article.asp?id=36300

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Bail in America: A Tool of Coercion
Bail in America: A Tool of Coercion 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

man-in-prison

The Eighth Amendment to the United States Constitution explicitly states that “excessive bail shall not be required, nor excessive fines imposed.” However, bail in America has evolved in such a way that it has become less of a tool for keeping people out of jail and more of a tool to coerce low-income defendants to enter a “guilty” plea because they cannot afford it. Even when bail is set at a low amount not everyone can afford it as they have to pay 10% of the bail amount to the court, in cases like this when a defendants bail is low but not low enough for them to pay there and then they will usually seek the help of a bail bondsman or bail bonding company.

Let’s look at an example from the New York Times’ article “The Bail Trap” of how bail keeps the criminal-justice system afloat: In 2013, New York processed 365,000 arraignments. Of those cases, less than 5 percent actually went to trial. However, even if a small portion of those defendants decided to assert their right to trial, it would be too overwhelming for criminal courts to handle. So, forcing defendants to plead guilty actually makes it easier on the courts.

A 2012 report by the New York City Criminal Justice Agency also shows that about 50 percent of defendants in non-felony cases who did not have to stay locked up before their trials, either because no bail was set or because they were able to afford it, were eventually convicted. When defendants had to stay in jail until their cases were resolved, the conviction rate jumped to a whopping 92 percent! The report is based on 10 years of criminal statistics and concludes that even pretrial detention itself “creates enough pressure to increase guilty pleas.”

Bail doesn’t just affect defendants during the time they are incarcerated – it has long-term effects too. Scott Hechinger, a senior trial attorney with Brooklyn Defender Services, said “Most of our clients are people who have crawled their way up from poverty or are in the throes of poverty. Our clients work in service-level positions where if you’re gone for a day, you lose your job. People in need of caretaking — the elderly, the young — are left without caretakers. People who live in shelters, where if they miss their curfews, they lose their housing. Folks with immigration concerns are quicker to be put on the immigration radar. So when our clients have bail set, they suffer on the inside, they worry about what’s happening on the outside, and when they get out, they come back to a world that’s more difficult than the already difficult situation that they were in before.”

Learn more about “the bail trap” here: http://www.nytimes.com/2015/08/16/magazine/the-bail-trap.html

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Drug Trafficking Mandatory Minimums
Drug Trafficking Mandatory Minimums 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

When it comes to drug trafficking charges, a person does not have to actually sell a drug in order to break Florida’s drug trafficking laws. Different drugs carry a different minimum mandatory prison sentence based on the weight of the drug. For example, possession of 1 gram or more of LSD can result in a >1 but less than 5 gram Trafficking in LSD charge.

Minimum mandatory prison sentences do not usually receive “gain time,” or a reduction in prison time for inmates who display satisfactory behavior , educational attainment or participate in other incentive programs. Cases involving drug trafficking charges, however, are entitled to gain time. This is because the court in Mastay v. McDonough, Florida Department of Corrections, 928 So. 2d 512 (Fla. 1st DCA 2006), held that drug trafficking charges are eligible for gain time, just  not discretionary release.

Drug trafficking offenses are taken very seriously, with mandatory minimum sentences that range from 3 years to 25 years in prison. If you are arrested for trafficking, it is crucial to contact an experienced Orlando criminal defense attorney to represent and defend you in court.

The chart below shows the minimum mandatory sentences for trafficking in various drugs:

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Possible Penalties and Defenses for Driving With a Suspended License
Possible Penalties and Defenses for Driving With a Suspended License 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

In Florida, a driver’s license may be suspended for a variety of reasons, including, but not limited to:

  • Failure to pay a traffic fine.
  • Failure to pay child support.
  • Failure to maintain insurance.
  • Reckless driving.
  • Driving Under the Influence (DUI).
  • Accumulation of traffic points.

There are a number of driving related offenses that someone could get in trouble for, such as driving without insurance. One of the biggest problems is people driving without a valid license. A person who is caught driving with a suspended license may face serious consequences. A person driving under a suspended license with knowledge of the suspension can be charged with a criminal offense. Under Section 322.34, Florida Statutes, a first offense for driving with a suspended license (with knowledge of it being suspended, canceled or revoked) can result in 60 days jail and a fine of up to $500.00.

A person driving under a suspended license without knowledge of the suspension can receive a civil citation, where they must pay a fine.

Driving with a suspended license—either with or without knowledge—also counts as one of the “Three Strikes” toward being labeled a “Habitual Traffic Offender.” If an individual receives three convictions within five years for, among others charges: Driving with License Suspended (even if you are not arrested) Driving Under the Influence (DUI), Fleeing and Eluding that individual will be labeled a “Habitual Traffic Offender” and lose their license for five years. If charged with a subsequent Driving with License Suspended offense while a Habitual Traffic Offender, this offense is a Third Degree Felony punishable by up to 5 years in prison, 5 years probation and a $5,000 fine.

Contact an Orlando experienced criminal defense attorney for a free consultation if you have been accused of driving on a suspended, canceled, or revoked license. You may be able to contest the charge or minimize penalties.

Some possible defenses include:

  • Challenging the validity of the traffic stop.
  • The accused was not aware that his license was suspended (in which case, under Florida law, the charge must be reduced to a non-criminal traffic violation).
  • The accused’s Florida driver’s license had been reinstated or adequate reason existed to believe it had been reinstated.
Frequently Asked Questions After an Arrest
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Frequently Asked Questions After an Arrest
Frequently Asked Questions After an Arrest 1920 1080 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

1. What rights do I have?

Whether you are an adult citizen or non-citizen, you have certain constitutional rights after you are arrested. Before the law enforcement officer questions you after an arrest, he or she should tell you that:

  • You have the right to remain silent.
  • Anything you say may be used against you.
  • You have a right to have a lawyer present while you are questioned.
  • If you cannot afford a lawyer, one will be appointed for you.

These are your Miranda rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court.

You also have a right to know the crime or crimes with which you have been charged and the identity of the police officers who are dealing with you.  Not every officer is forthcoming about this information, even though is your right by statute. You also have the right to communicate by telephone with your attorney, family, friends, or bondsperson as soon after you are brought into the police station as practicable. The police are allowed to complete their booking procedures before letting you use the telephone.

At this point, you should probably consider whether to use a local lawyer, especially if you were injured as part of the arrest and you feel as if the injury was unwarranted.

2. If my Miranda Rights weren’t read, does this mean my charges will be dropped?

This is one of the most common questions I receive in my law practice.  Many people think that simply because the police failed to read them their rights, that the case is going to be automatically be thrown out. This is not true. Typically, the only thing that would happen if the rights were not read is that anything that said in response to police questioning after an arrest could not be used against you in your case.

Very frequently, officers have gathered all the information that they need PRIOR to the arrest and will not question suspects after their arrest and, thus, Miranda never needs to be read.    When the police have questioned you without reading your rights and, for example, you made a statement, that statement would not be able to be used in the case against you.  In most situations, it is best to not answer questions without having an attorney present.  If you ask to speak with an attorney, an officer must immediately cease questioning you.

Another common situation is where a suspect voluntarily provides information to the police that is not in response to a question.  In this situation, Miranda would typically not apply.  Miranda is a complicated area of the law with lots of rules and exceptions.  It’s best to consult with an experienced defense attorney to determine if your Miranda rights were violated in your situation.

3. What happens at an Initial Appearance?

Within 48 hours of your arrest, a judge will hold a preliminary hearing to decide whether there is “probable cause for your arrest” or enough evidence to support the charge against you. If the judge finds that there is “probable cause” for the charges — enough evidence that a reasonable person could be convinced that you committed the crime – then the judge will set the terms of your release.  The terms of release normally include a monetary bond set by the judge at the initial appearance and can also include other restrictions like checking in with a Pre-Trial Release Officer, not using or possessing weapons or not having any contact with the alleged victims of the case.

4. What is bail and how is it set?

The amount of bail bond – money or other security deposited with the court to insure that you will appear.  When setting the terms of your release, the judge will consider the seriousness of the offense with which you are charged, any prior failures to appear in court (even for traffic tickets), any previous criminal record, your ties and connections to the community, as well as the probability that you’ll appear in court.  Florida law provides that for most cases bond should be set in at reasonable amount that is attainable by the defendant. In reality, oftentimes a judge may set bond at an amount too high for a defendant to afford.  A criminal defense attorney can file a motion with the court asking the judge to reduce the bond and/or modify the conditions of release (such as not having any contact with the victim).

Leppard Law Blog I Just Got Arrested On a DUI — What's Next?
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I Just Got Arrested On a DUI — What’s Next?
I Just Got Arrested On a DUI — What’s Next? 1920 1080 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

Driving under the influence (DUI) is defined as operating a motor vehicle while impaired with a blood alcohol content (BAC) of 0.08% or higher, a chemical substance, or a controlled substance after taking an alcohol test. Those under 21 years old can be charged with a DUI if their BAC is 0.02% or over and commercial drivers can be charged if their BAC is 0.04% or over. Over the years, there have been less DUI charges from smart policing because people are being more cautious about when they are driving and the police have focused more on preventing drink driving. However, this doesn’t mean it won’t happen to you.

After you are charged with a DUI, you may feel confused, upset and fearful. It is very important to consult with an experienced criminal defense attorney to help you receive the best possible outcome in your case. 

Things to consider after getting out of jail for DUI….

License Suspension

Keep in mind that in every DUI in Florida, there are two separate cases that flow from the same offense. In addition to criminal penalties and charges, you will also have a separate civil case filed against you with the Department of Highway Safety and Motor Vehicles.

You have 10 days from the date of arrest to do one of two things. First, you or your attorney can request an Administrative Hearing (formal or informal) in order to determine if the officer had probable cause to arrest you for a DUI. The second option is to forfeit your right to a review hearing in exchange for having a Business Purpose Only (BPO) license issued immediately. This option only applies if you have never had a prior DUI administrative suspension or DUI conviction. You must enroll in DUI School and show proof to DHSMV in order to obtain your BPO license. Failure to request either option within 10 days of your arrest will result in you losing your right to challenge the suspension.

What is an Arraignment on a DUI?

At an arraignment the judge court will inform you of the charges against you and give you the opportunity to plead guilty, no contest or not guilty. A guilty plea or no contest plea will place you at the mercy of the court and the judge find you guilty and will sentence you right then and there in the courtroom–the judge could even send you to jail. There is normally no advantage to entering a guilty or no contest plea at arraignment, especially if you haven’t spoken with an attorney yet to examine the possible weaknesses in the prosecutor’s case. If you miss your court date, hiring an attorney can be a crucial move. An attorney can get sometimes negotiate away a failure to appear and get a suspension of your license cleared. Furthermore, if you hire a DUI attorney, he can waive your appearance at your arraignment and Pre-Trial Conference court dates so that you do not have to attend if you do not want to.

Trying to resolve your case without an experienced DUI attorney is generally not a good idea. Before entering a plea, at a minimum, you and your attorney should review all of the police report, watch the roadside video (if available) as well as the video taken at the breath center to determine the strength of your case.

Is jail time mandatory if I am convicted of a DUI?

No. Not for the first conviction. However, for a second conviction within five (5) years of a prior conviction, a minimum imprisonment term of ten (10) days is required. For a third conviction within ten (10) years of a prior conviction, a minimum imprisonment term of thirty (30) days is required by law.

Can my charges be reduced?

Sometimes, a skilled DUI attorney can get a DUI “reduced” to the charge of reckless driving (alcohol related). This is not actually a reduction of charges; rather, it is an amendment. DUI in Florida carries with it a mandatory minimum penalty which requires an adjudication of guilt. If someone has been adjudicated guilty, it means they have been convicted. When someone enters a plea of no contest to reckless driving, Florida Law does not require the judge to adjudicate that person guilty; rather, the judge may withhold the adjudication which means that person has not been “convicted”. Moreover, unlike a DUI conviction, the disposition of a reckless driving charge usually does not increase ones insurance rates, does not carry a mandatory driver’s license revocation with it, and it can be sealed at a later date in many cases. A judge is not authorized to “reduce” a DUI charge to reckless driving. This can only be achieved through plea negotiations with the prosecutor. An experienced DUI attorney can use knowledge of the law, effective use of motions and artful plea negotiations to attain a “reckless driving” plea offer for his client.

DUI PENALTIES

Unlike the penalties for most other misdemeanors, the minimum statutory penalties for a DUI conviction in Florida can be very severe and involve various types of punishment, including, but not limited to any of the following:

MINIMUM AND MAXIMUM DUI PENALTIES IN FLORIDA

 

1x Conviction:

Minimum Penalty Maximum Penalty Comments
Jail None Six Months – Max. Nine months if .15 or above, or minor in vehicle- Max. Year if crash
Probation Early Termination One Year
Driver’s License Suspension Six Months One Year
Community Service Fifty Hours Discretionary
Impoundment Ten Days Thirty Days
Ignition Interlock None Six Months – Required if .15 or above, or minor n vehicle
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $500 $1,000 – $1,000-$2,000 if .15 or above, or minor in vehicle

2x Conviction within 5 Years of Previous DUI Conviction:

Minimum Penalty Maximum Penalty Comments
Jail Ten Days Nine Months – Max. Twelve months if .15 or above, or minor in vehicle
Probation Early Termination One Year
Driver’s License Suspension Five Years
Community Service None None
Impoundment Thirty Days
Ignition Interlock One Year – Two Years if .15 or above, or minor n vehicle
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $1,000 $2,000 – $2,000-$4,000 if .15 or above, or minor in vehicle

2x Conviction with Previous DUI Conviction Outside of 5 Years:

Minimum Penalty Maximum Penalty Comments
Jail None Nine Months – Max. Year if .15 or above, or minor in vehicle
Probation Early Termination One Year
Driver’s License Suspension Six Months One Year
Community Service None None
Impoundment Ten Days Thirty Days
Ignition Interlock Year – Two Years if .15 or above, or minor n vehicle
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $1,000 $2,000 – $2,000-$4,000 if .15 or above, or minor in vehicle

3x Conviction within 10 Years of Previous DUI Conviction:

Minimum Penalty Maximum Penalty Comments
Jail Thirty Days 5 years – If upgraded to felony then Max. Five Years Prison
Probation Early Termination 5 years – If upgraded to felony then Max. Five Years Five Years Probation
Driver’s License Suspension Ten Years – eligibility for hardship driver’s license after 2 years
Community Service None None
Impoundment Ninety Days
Ignition Interlock Two Years
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $2,000 $5,000 – $4,000-$5,000 if .15 or above, or minor in vehicle

3x Conviction with Previous DUI Conviction Outside of 10 Years:

Minimum Penalty Maximum Penalty Comments
Jail None Year
Probation Early Termination One Year
Driver’s License Suspension Six Months One Year
Community Service None None
Impoundment Ten Days Thirty Days
Ignition Interlock Two Years
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $2,000 $5,000 – $4,000-$5,000 if .15 or above, or minor in vehicle

4x Conviction of DUI or more:

Minimum Penalty Maximum Penalty Comments
Jail None Year – If upgraded to felony then Max. Five Years Prison
Probation Early Termination One Year – If upgraded to felony then Max. Five Years Five Years Probation
Driver’s License Suspension Lifetime Revocation
Community Service None None
Impoundment None None
Ignition Interlock None None
DUI Counterattack Class Required
Victim Impact Panel Required
Fine $2,000 $5,000
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New law makes traffic ticket quotas illegal in Florida
New law makes traffic ticket quotas illegal in Florida 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

florida-flashing-headlights-speed-trap-free-speech1

It is not uncommon to see police officers implementing speed traps in areas where the speed limit drops drastically within short distances. Sometimes, officers feel the need to implement these speed traps in order to meet monthly traffic ticket quotas.

Fortunately for motorists, Gov. Rick Scott signed a law this week that forbids local governments from having ticket quotas. The law will take effect on July 1 and requires law enforcement to submit reports to the Legislature if their traffic ticket revenues cover more than one third of the costs of operating their agencies. They may also be audited and face investigation by the state attorney general.

Supporters of the law believe that it will ensure transparency in government and prevent the exploitation of motorists.

To learn more, read the full article on: http://www.wesh.com/news/new-law-makes-traffic-ticket-quotas-illegal-in-florida/33089614

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