Florida DUI Lawyer Blog

Fort Lauderdale Drug Lawyer on drug paraphernalia

Thu, 13 Jun 2013 20:03:27 -0500

Proving possession of paraphernalia according to the Fort Lauderdale drug lawyers of Direnzo Defense.

In order to obtain a conviction for possession of drug paraphernalia in Florida the prosecution has to prove that the objects were in the possession of the accused and were meant to be used for manufacturing, producing, ingesting, or selling drugs. For this the prosecution will often bring in expert witnesses, show that the objects were close to controlled substances, or had traces of the controlled substances on them. The prosecution can also produce written material such as instructions for using the objects as well as advertisements to help prove its case against the accused.

Fort Lauderdale Criminal Lawyer: Paying the Bail Amount

Thu, 06 Jun 2013 15:55:42 -0500

When an arrested person pays a bond amount, it is known as “posting bail”. The bail amount may be paid in cash or by check. Some people may also hand over the ownership rights to a property with a cash value equivalent or exceeding the bail amount. The person may also be allowed to sign a bond that covers the full bail amount. In some cases, the arrested person may sign a statement that confirms to the court that the person will appear in court at the appointed time. Bail bonds have to be purchased, and their price is usually about 10 percent of the total bond amount. For more information about posting bond, contact a Criminal Lawyer in Fort Lauderdale.

Unavailable Defenses in Lewd Lascivious Cases

Sat, 01 Jun 2013 16:51:10 -0500

In case of any lewd and lascivious act a person cannot use “consent” and “ignorance of child’s age” as a defense since they are prohibited by the state.

For a lewd and lascivious battery act the lawyer can fight the accused on the basis of a false allegation which can range from insane or off-balance parents influencing a child, mental sickness of the defendant, manipulation of a child by the parents, and even jealousy.

In case of lewd and lascivious molestation, exhibition, and conduct, the defendant can fight the case with the defense of a false allegation where the allegations can be same as in the case of a lewd and lascivious battery. The defendant can also raise the defense of lack of lewd intent but there needs to be a solid evidence to prove that there was no intent of lewdness.

The Romeo and Juliet Law

In 2007, a law was enacted in Florida which is known as the “Romeo and Juliet” law. This law allows particular individuals to appeal in the court for exclusion from the sex offender registry. Only those individuals are allowed to file a petition in court whose crime meet specific requirements.

Domestic Violence Restraining Order

Sun, 19 May 2013 13:14:51 -0500

Domestic violence is a considered severe crime in Florida and the state has allowed for a petitioner to seek an immediate restraining order against the alleged offender for the protection of domestic violence victims. Fort Lauderdale domestic violence lawyers argue that this remedy is often used as a tool by individuals illegally in order to manipulate the criminal justice system and use it as a weapon. Originally the basis for the filing of a restraining order was:

1. For domestic violence

2. For repeat violence, which is issued when the parties are not “family, or household members

3. For sexual violence

The statute has since been expanded explains criminal attorney William Direnzo, such as in the new cyber-stalking statute.

Booking for DUI

Tue, 14 May 2013 20:02:25 -0500

Booking follows an arrest for a DUI. During this stage the police officer is likely to ask for relevant information from the suspect, including facts such as the suspect’s name, age, and residence’s address.

At the booking stage, the police officer will also formally record the details of the alleged DUI offense and describe the circumstances surrounding the incident. This will be followed by a routine search of the police records for a possible criminal history of the suspect. Police records will be updated with the fingerprints and photographs of the suspect, and the suspect’s physical search will also be performed. The suspect will finally be detained at a police station cell or at the main Broward County Jail Located in downtown Fort Lauderdale.

Vehicle Search

Tue, 14 May 2013 19:55:29 -0500

In some circumstances if a law enforcement officers have a reason to suspect the presence of drugs in a vehicle (probable cause), they have a right to conduct a vehicle search without obtaining a search warrant. Investigation of a DUI suspect for being under the influence of marijuana often stems or leads to the search of a vehicle whether based on probable cause or an inventory search. The search may be conducted inside the trunk, inside the glove box, and even in the closed containers found in the vehicle.

Defenses to Drug Possession

Tue, 14 May 2013 19:44:41 -0500

Criminal lawyers defending a charge of drug possession can seek to establish that the defendant was unaware of the illegal or controlled nature of the drug (this requires a special motion), was in legitimate possession of the drug, for instance, with a medical prescription, that the drug was found in an entrapment operation by the authorities, or that the rights of the defendant as stated in the Fourth Amendment were violated in a search and seizure operation. A criminal defense lawyer can also try to defend on the grounds that the defendant was unaware of the fact that the drugs were in the premises controlled by them. However, this is more difficult to prove if the drugs were found on the body of the defendant or in a container held by the defendant for obvious reasons. Many persons charged inquire as to the likelihood of having a degree of felony reduced if they are able to establish that the drugs were for personal use and not for sale.

Arraignment and Legal Options in a DUI Case

Mon, 29 Apr 2013 20:42:04 -0500

In certain situations, when an individual has been arrested on the charge of driving under influence, he or she will be given an opportunity to appear before a judge for the purpose of arraignment. The DUI attorneys at DiRenzo Defense explain that an arraignment refers to an appearance in the court where formal charges are made against the defendant, and the defendant is asked to respond to the charges with a guilty or not guilty plea. The defendant will have a few legal options to deal with the charges, and may receive an opportunity for plea bargaining. This and questions about the information contained herein should be emailed using the contact form. Attorney

Arraignment and Legal Options in a DUI Case

Mon, 29 Apr 2013 20:42:04 -0500

This and questions about the information contained herein should be emailed using the contact form. Attorney William Direnzo reviews online average 5 out of 5 stars.

Driver’s License Suspension Procedure

Wed, 24 Apr 2013 02:55:27 -0500

The procedure that results in driver’s license suspension in a drunk driving is completely different from that of an ordinary moving violation. Under most state laws, the law enforcement officer will suspend the driver’s license even before the suspect has been convicted of the offense. Following an arrest in a DUI case, the police officer will take the driver’s license and in its place issue a temporary license that expires at a later date. The license becomes suspended on that expiry date, unless the suspects DUI lawyer has prevailed at a DMV hearing.

It is the responsibility of the person charged with DUI to request a DMV hearing. The driver’s license becomes automatically suspended by the DMV in the absence of a request for a hearing. This can take place irrespective of whether the charges are reduced later or even dismissed in a court of law. The DMV hearing provides an opportunity to the suspect to argue against license suspension by and through his DUI defense lawyer.

Consequences of a Guilty Plea in a DUI Case

Wed, 30 Jan 2013 12:41:18 -0500

When an individual decides to file a guilty plea to a DUI charge, at first he or she will be required to sign a form confirming waiver of certain constitutional rights pertaining to the case. The individual will lose the right to remain silent as well as the right to a jury trial. The form will likely include information about the potential punishment and other consequences of a guilty plea.

Covering All the Bases

In Fort Lauderdale, the judge will review the disclosures listed in the form openly in the court, while some other judges may avoid placing it on the record. Some judges insist on going over the details of the form openly so that the person who is pleading guilty to a DUI may not return later on to challenge the conviction on the basis that he or she was not adequately informed about the consequences. This does not reflect too well on the system and the judge when people make claims that no one told them what they were signing. The attorneys at “The DUI Law Office” offers some advice to anyone considering a plea to DUI in open court.

Common Penalties for DUI Nationwide

Mon, 08 Oct 2012 14:43:49 -0500

Criminal penalties can be imposed upon individuals convicted of a DUI offense. The extent of punishment will depend on several factors, including the severity of the offense. Florida DUI laws provide for relatively lesser penalties for a first-time DUI offender. However, each time the offense is repeated, the extent of the penalties may increase. Some of the typical penalties include monetary fine, probation, community service, and imprisonment. For information about how DUI laws affect your case always be certain to consult a criminal attorney who has experience in handling DUI cases. For more information about defending against criminal charges in the Fort Lauderdale area contact Direnzo Defense, P.A. 707 NE 3rd Avenue, Suite 201, Fort Lauderdale, Fl 33304 (954-656-6230).

How is the penalty determined?

Several factors are taken into account while deciding the severity of penalties in case of a DUI conviction. Some of them are as follows:

• The primary factor that will be looked at is the previous criminal record of the individual with regard to DUI, and the general track record of driving. If the individual is a first-time DUI offender and has an otherwise clean driving record, the penalties imposed may be minimal under the law. The severity of penalties will increase, depending upon the extent of repetition of the offense.

Probation in a Criminal Case

Wed, 25 Apr 2012 11:38:40 -0500

Following sentencing in a criminal case, a defendant, by and through his or her Fort Lauderdale criminal attorney, may be placed on probation. In ordinary circumstances, the defendant may be required to meet with the probation officer once a month, or more frequently in some cases. In a few situations, the defendant may also be placed on a non-reporting probation, which does not require him or her to meet with the probation officer.

At the end of the probation period, typically the defendant is required to show that he or she complied with the conditions of the probation. The defendant’s record will also be checked for any instances of further criminal activity. Fort Lauderdale criminal attorneys can offer legal advice to the defendants to help them meet the terms of probation appropriately. DUI cases in Fort Lauderdale require that certain special conditions be met before completion of the term.

Article by:

Direnzo Defense
100 SE 3rd Ave. Suite 2500
Fort Lauderdale, Fl 33394
954-523-5333

Community Involvement & DUI

Thu, 29 Mar 2012 15:46:08 -0500

The grass roots, anti-DUI movement can play a critical role in making public education campaigns more effective. There is research to demonstrate that behavior change is much more likely when there is personal contact in addition to media exposure. The success of groups such as Alcoholics Anonymous and Weight Watchers suggests that behavior change frequently is more successful in a group setting. Thus, the Stanford Heart Disease Project demonstrated that people who were exposed in groups to discussions and demonstrations on measures for preventing heart disease were much more likely to change their behavior than were persons exposed solely to media messages. However, researchers also found that the group exposed solely to public health messages improved its attitudes and behavior more than did the control group that was not exposed to any special health campaign.

Fort Lauderdale criminal lawyers maintain that groups such as MADD, RID, and SADD have been very imaginative in bringing programs to schools and other community organizations. At the local level they have increasingly defined their role in terms of public education. Often in coordination with state-sponsored anti-drunk driving task forces and projects they have developed and disseminated educational packets for children as young as elementary school students. They have worked with both junior high school and senior high school students to develop practical strategies to help the latter groups both in resisting peer pressures to drink and in restraining friends from drinking/driving.

Should you have questions about the effectiveness of any particular community program or group targeting individuals suspected of driving under the influence in Florida Contact the Fort Lauderdale DUI attorneys at our office today.

Broward DUI Attorney -- Holiday DUI Arrests

Thu, 23 Jun 2011 11:40:01 -0500

Broward DUI lawyer DiRenzo Defense reminds motorists to be careful this upcoming holiday weekend -- DUI patrols are typically ramped up for summer holidays, including the Fourth of July. This year is no different: following sobriety roadblocks set up over Memorial Day, the Broward County Sheriff's Office is setting up similar checkpoints in preparation for the Fourth of July weekend.

The Broward County Sheriff's Office has just announced that it will be conducting a DUI checkpoint from 9:00 p.m. on Friday, July 1 to 1:00 a.m. on Saturday, July 2 at 9401 Stirling Road in Cooper City, Florida, which is at or near the Cooper City High School. (Cooper City is located west of Hollywood and southwest of Fort Lauderdale here in Broward County.) The BSO press release is available here, detailing the sobriety checkpoint and noting that the advance publicity is being issued in compliance with a Supreme Court decision.

Sobriety checkpoints, or DUI roadblocks, are set up to screen drivers for impairment. In reality, these checkpoints frequently result in numerous citations for improper equipment, expired drivers licenses, driving without insurance, and the like, which are money-makers for many law enforcement agencies. The Supreme Court has ruled that police agencies must abide by strict guidelines due to the intrusiveness of stopping motorists. Supervisors must make the decisions, such as stopping every third card or every sixth car to pass through. Officers on the ground cannot simply profile individuals based on their appearance or their vehicles. Sites should be selected for public policy reasons and have a high instance of driving under the influence in the area. The checkpoint must be clearly marked with signs and lights to warn approaching motorists. Advance publicity of the checkpoint is an absolute requirement, which is why you may hear such announcements made by local law enforcement agencies on the radio stations here in Broward County.

Independence Day is not the only holiday that DUI arrests are made, however, notes Fort Lauderdale DUI lawyer DiRenzo Defense. A local man was charged with DUI and child neglect on Father's Day in a story published in local newspapers. The toddler was unharmed, but had been riding in the backseat while his father was allegedly swerving and starting and stopping abruptly as the pair traveled down Okeechobee Boulevard in West Palm Beach.