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Criminal Defense Archives

Facing prison and deportation on a Violent Felony Violation of Probation, our Client's plea was withdrawn, the charge reduced to a non-violent misdemeanor and the client was released with no probation or supervision! Read on to learn more.

There are no routine cases if you are an aggressive and determined criminal defense attorney. Recently, a jailed foreign citizen hired us to represent him for a Violation of Probation on the felony charge of "Aggravated Assault with a Deadly Weapon." He had originally pled to a probationary sentence in front of an extremely strict judge and now, he was facing at the minimum a lengthy jail sentence, if not state prison, and then probable deportation to a country he no longer called home. These are exactly the kind of dire situations where our Firm's clients turn to us for help. When we were finished with the case, sixty days later, Mr. Berlin was released from jail, his original felony charge dropped down to a second degree misdemeanor charge of "Disorderly Conduct," with no probation or jail to follow and a strong defense against any possible deportation.

A Possible Change in the Law Would Allow Floridians to be Pulled Over for Texting While Driving

Texting while driving is currently considered a "secondary offense," which means that police may only issue a citation for texting while driving after initiating a traffic stop for a violation of a "primary offense" law, like speeding. Historically, texting while driving, by itself, could not be the basis for a traffic stop. However, many residents have been pressuring the legislature to make a change. As a result, a bill was recently introduced to the legislature to amend the texting while driving statute.

Collateral Consequences of a DUI

A DUI conviction entails many consequences beyond those that occur in the courtroom. Some of the penalties for a DUI conviction are fairly well known. Most people probably know that a DUI conviction can lead to significant fines and a suspended license. It is also somewhat common knowledge that you may be required to install an ignition interlock device on your car, paid for out-of-pocket, as a result of a DUI conviction. While these are probably the most well-known consequences of a DUI conviction, there are other less commonly known collateral consequences that naturally flow from a DUI conviction’s interaction with other Florida Statutes.

2017 Brings Important Changes to the "Stand Your Ground" Law

Florida's self-defense law has changed radically once again. Over the last few decades, Florida has expanded self-defense from an affirmative defense at trial to a statutorily based immunity from criminal and civil liability. Recently, Governor Rick Scott signed SB 128 into law which now requires prosecutors, in a pre-trial proceeding, to prove by "clear and convincing evidence" the accused did not act in self defense.

The "Prescription Defense" in the State of Florida

Many clients come to us after they are arrested for Unlawful Possession of a Controlled Substance under Florida Statute § 893.13 - i.e. drug possession. Frequently, our clients are charged with a felony, and, with it, the possibility of up to five years in prison, for possession of a prescription drug for which they actually have a prescription! In the State of Florida, if you are arrested for possession of a prescription drug that you or a family member obtained through the use of a lawful prescription, you may have an affirmative defense that bars prosecution.

Woman arrested after causing fatal vehicle crash

One woman in Florida is currently behind bars after allegedly killing a man in a vehicle accident while driving on a license that had been revoked. The woman was arrested following the accident, which took place on a recent Sunday morning in late February. She is 27 years old.

Seeking legal help re criminal offense in Florida

Florida is a state bustling with tourists, travelers, retirees and many thousands of residents who share roadways and interact in personal and business settings on a daily basis. In a variety of circumstances or incidents that occur between motorists, neighbors, employers/employees or other parties, law enforcement agents sometimes issues charges of a criminal offense against one or more persons involved. Especially for someone who has never before been accused of a crime, such a situation can be very worrisome and stressful.

Damore, Delgado, Romanik & Rawlins Damore, Delgado, Romanik & Rawlins

Daytona Beach Office
227 Seabreeze Boulevard
Daytona Beach, FL 32118

Toll Free: 877-509-1400
Fax: 386-255-8100
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120 S. Woodland Blvd.
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DeLand, FL 32720

Toll Free: 877-509-1400
Fax: 386-255-8100
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