The Law Offices of Justin RickmanLaw Offices of Justin Rickman | Family Law Attorney | Clermont, FL2024-03-15T15:48:53Zhttps://www.rickmanlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303719/2024/03/cropped-jr-site-icon-32x32.jpgOn Behalf of The Law Offices of Justin Rickmanhttps://www.rickmanlaw.com/?p=487272024-03-02T14:36:23Z2024-03-02T14:36:23ZAdvantages
A plea bargain offers the potential for a reduced sentence. Defendants may avoid the possibility of a lengthy prison sentence that could result from a conviction at trial.
Additionally, plea bargains offer a degree of certainty. Defendants know exactly what the outcome of their case will be, rather than facing the uncertainty of a trial.
Another potential advantage is that they can help expedite the legal process. Trials can be lengthy and costly. By negotiating a deal, defendants can resolve their case more quickly and move on with their lives.
Disadvantages
A drawback to plea bargains is that defendants must admit guilt as part of the deal. This can have long-lasting consequences. A guilty plea may result in a criminal record that can affect employment opportunities, housing options and other aspects of life.
Additionally, accepting a plea bargain means giving up the right to a trial. While trials can be risky, they also offer defendants the opportunity to present their case. There is also always the chance of an acquittal of all charges.
Negotiating a plea bargain in a felony case involves weighing the pros and cons for defendants. Defendants should carefully consider their options before jumping to accept a deal.]]>On Behalf of The Law Offices of Justin Rickmanhttps://www.rickmanlaw.com/?p=487282024-03-01T14:34:35Z2024-03-01T14:34:35ZMotion to suppress evidence
A motion to suppress evidence occurs when the defense believes that the prosecution obtained evidence through an illegal search or seizure or in violation of the defendant's constitutional rights. The defense may argue that the court should suppress the evidence and not allow the prosecution to use it against the defendant in court.
Motion to dismiss
A motion to dismiss the charges often happens when the defense believes that the prosecution's case is not strong enough to proceed to trial. It may also occur if the defense feels the evidence is not sufficient to support the charges. The defense argues the court should dismiss the case and the prosecutor should drop the charges.
Other motions
Pretrial motions can also challenge the prosecution's case on other grounds, such as improper venue or violation of the statute of limitations. These motions help to ensure that the defendant receives a fair trial. They also help keep the prosecution's case in check under the law.
Pretrial motions are not always successful. The outcome of these motions can vary depending on the specific circumstances of the case. However, pretrial motions can be an important tool for the defense in felony cases, as they can help to challenge the prosecution's case and protect the defendant's rights. To get help with your case, contact us today.]]>On Behalf of The Law Offices of Justin Rickmanhttps://www.rickmanlaw.com/?p=487292024-02-28T14:32:49Z2024-02-28T14:32:49ZUnderstanding domestic violence laws in Florida
Domestic violence refers to any form of assault, stalking or other violent offense against a member of your family or household. A domestic violence charge typically implies that the other party suffered injury or death as a result of the violent act.
Legal options for defense
Your first priority is to consult a knowledgeable legal professional as soon as possible. The right criminal defense lawyer can help you understand your rights and gather evidence to build your case. Work with your legal team to determine if you build a strategy around self-defense or take a different approach altogether.
Your legal representative can then represent you in court and challenge the evidence presented by the prosecution. Alternatively, your legal team might help you understand if mediation or other alternative resolution methods might be a better course of action.
Resources for support
If you need personal support beyond what your legal representation can offer, there are special resources for those facing domestic violence charges. Consider contacting the National Domestic Violence Hotline or local counseling services.
Records show that there were 68,109 domestic violence cases in Florida in 2022. Accusations of domestic violence are unfortunately common, so it is important to know how to defend yourself if you face such grievous charges.]]>On Behalf of The Law Offices of Justin Rickmanhttps://www.rickmanlaw.com/?p=483382023-09-25T18:21:53Z2023-09-25T18:21:53ZField sobriety tests
In Florida, a first DUI conviction can mean fines of up to $1,000, sometimes increasing to more than $2,000 in circumstances such as 0.15 BAC or higher. Officers often administer field sobriety tests to assess physical and mental impairment. Many DUI defenses draw from how officers conduct these tests and the factors that could affect a person’s performance on them.
Reason for stop
The legality of the traffic stop that led to your DUI charge is another key factor. If the police lacked a valid reason to stop you, it may be possible to challenge the entire case.
Miranda rights
Ensure that an officer read your Miranda rights to you during the arrest. If you did not receive a statement of your rights, it may impact the admissibility of statements you made to law enforcement.
Witnesses and surveillance
Identify any potential witnesses or surveillance footage that could support your defense. For example, video evidence might challenge the officer's account of events.
Medical conditions
Certain medical conditions and medications can mimic the signs of impairment. If you have a medical condition or are taking prescribed medication, then medical records could support your case.
Chain of evidence
Ensure that authorities correctly handled the evidence against you and followed the proper chain of custody. Any mishandling or contamination of evidence could weaken the prosecution's case.
DUI checkpoint procedures
If authorities stopped you at a DUI checkpoint, make sure that the checkpoint progressed according to legal guidelines. Any deviations from established procedures could be fertile grounds for contesting the charges.
You could also develop alternative explanations for your behavior and any signs of impairment that officers observed. This may involve presenting evidence to cast doubt on the prosecution's case.]]>On Behalf of The Law Offices of Justin Rickmanhttps://www.rickmanlaw.com/?p=483372023-07-28T21:01:17Z2023-07-28T21:01:17ZExamples of drugs subject to trafficking laws
These drugs include:
Marijuana over 25lbs
Cocaine over 28 grams
Methamphetamine over 14 grams
Heroinoverf 4 grams
Prescription drugs, without a prescription, over 4 to 14 grams depending on the medication
Hallucinogens such as mushrooms, LSD and ecstasy, amounts vary
Sometimes the amount depends on whether another criminal charge is present.
Defenses against trafficking
Although difficult, you can beat or receive a lesser sentence for trafficking. These are some common defenses against a trafficking charge.
Prove the police made a mistake. This may be a technical error in the arrest or a case of mistaken identity.
Prove unlawful search. You need to know your rights and when a warrant is a requirement.
Show a lack of evidence. You can show that police lack the evidence that you were a part of the crime. Being near an illegal substance does not mean it is yours.
Show the laboratory tests were faulty. Sometimes police do not test illegal substances on site. They send them off to a lab. Lab error is a possibility.
Prove a confidential informant pressures you to purchase or sell the drugs. This is entrapment but very difficult to prove.
There are many other defense tracks you can take.
Drug trafficking is a serious offense in Florida, but with the right defense, you can win.]]>On Behalf of The Law Offices of Justin Rickmanhttps://www.rickmanlaw.com/?p=483352023-06-20T20:37:22Z2023-06-20T20:37:22Zdrug arrests in recent years and wish to move on from the incident.
These children and their parents should understand how long the state keeps drug charges on the books.
Expungement for juvenile records
Florida courts typically destroy juvenile criminal records at age 21. The state system expunges the record automatically, and the individual does not need to take any additional action.
Additionally, a person can petition for early expungement of a juvenile record. This option is available for someone 18 or older but younger than 21.
A critical stipulation for applying for early expungement is that the courts cannot have charged the individual with a crime in the previous five years. Other conditions can permit an expungement, such as diversion programs and administrative mistakes.
Exceptions to the rule
The courts will not automatically erase juvenile records at 21 if any of the following are true:
The drug offense was serious.
The court committed the juvenile to a juvenile prison or adult correctional facility.
The court declared the youth a habitual offender.
The convicted individual continues to face charges for specific crimes after 18.
The court will delete records for those it deems habitual offenders or with serious crimes when the individual turns 26. However, the crimes remain on one's record if the individual receives any forcible felony charges as an adult.
Items on a criminal record can affect a person's opportunities for education, employment or living accommodations. Expunging such events means the person does not have to mention them on applications and can move ahead with life.]]>On Behalf of The Law Offices of Justin Rickmanhttps://www.rickmanlaw.com/?p=483242023-04-12T20:20:39Z2023-04-12T20:20:39ZWill you lose your license if you receive a conviction for boating while drunk?
Boating under the influence is unlikely to threaten your driving privileges. Such an arrest will simply not show up on your driving record. Despite this, you could receive a fine of up to $1,000 plus time behind bars.
Each offense compounds the legal outcome. Convictions stemming from land- and water-based incidents hold equal weight. Sentencing enhancements go into effect regardless of where the second offense happens. It will subsequently be tougher to receive leniency or request favorable sentencing alternatives.
How likely is it to get caught boating while drunk?
Boating under the influence is a leading cause of seaside fatalities. Because of this, the Coast Guard is serious about prosecuting violators. This is especially true in Florida, where boating incidents are common. Thus, the odds of getting busted in the Sunshine State are comparatively high. Whatever the chances, it is never worth risking incarceration for a moment of freewheeling pleasure.
A boating DUI will probably not cause you to lose the right to drive a car. Even still, the legal punishments for boating while drunk are severe. Worse, the decision could result in injury or death.]]>On Behalf of The Law Offices of Justin Rickmanhttps://www.rickmanlaw.com/?p=483212023-03-06T19:01:08Z2023-03-06T19:01:08ZFlorida Statutes, any police officer may arrest someone guilty of violating probation.
Technical violations
In Florida, the penalties for violating probation depend on the severity of the violation. Minor violations, such as missing a check-in with a probation officer, may result in a warning or a brief stay in jail. However, more serious offenses can result in more severe consequences.
New violations of the law
Individuals found violating their probation by committing a new crime face prosecution for the original and new offenses. The penalties for the new crime can add to the original offense, resulting in even harsher consequences. For example, if an individual was on probation for drug possession and is then arrested for a new drug offense, they may face penalties for the latest violation and the penalties for violating probation.
Other potential penalties for violating probation in Florida include community service, fines and extended probation. A parole officer might revoke probation in more severe cases, leading to a prison sentence. It is important to note that probation officers have broad discretion when enforcing the terms of probation and determining the consequences of a violation.
Violating probation in Florida can have serious consequences. Following the terms and conditions is vital to avoid potential violations on probation.]]>On Behalf of The Law Offices of Justin Rickmanhttps://www.rickmanlaw.com/?p=483202023-01-31T17:14:30Z2023-01-31T17:14:30ZWhat are aggravating circumstances?
The court can use aspects of the crime to justify implementing harsher sentences. In Florida robbery cases, aggravating factors may include:
The value of the stolen property
The level of intimidation or violence
The use of a weapon during the commission of the crime
The impact of the crime on the victim
The criminal record of the defendant
What are the penalties for aggravated robbery?
According to the Florida Statutes, robbery by sudden snatching is a third-degree felony, which could result in a maximum of five years incarceration and a $5,000 fine. Unarmed robbery is a second-degree felony offense that carries up to a 15-year sentence and a $10,000 fine. However, the use of a weapon while committing a robbery constitutes a first-degree felony, which may result in a $10,000 fine and a maximum penalty of life in prison.
Additionally, Florida courts may impose mandatory minimum prison sentences for crimes involving firearms. An offender may face 20 years behind bars for discharging a firearm during a robbery and 25 years if the discharge results in a serious injury or death.
Robbery is a serious crime with serious consequences. Understanding the Florida statutes and learning about your rights can help you determine the most appropriate defense strategies for your case.]]>On Behalf of The Law Offices of Justin Rickmanhttps://www.rickmanlaw.com/?p=483192023-01-05T16:02:59Z2023-01-05T16:02:59ZSupreme Court: schools have greater power to conduct warrantless searches
A landmark U.S. Supreme Court decision from 1985, New Jersey v.T.L.O., lays out the limitations on students' Constitutional rights. The Court found that, in a school setting, a search conducted by a school official, such as the principal, is "reasonable" when that official has a reasonable suspicion that the search will uncover evidence of a crime -- as long as the official is not acting on a police request or order. This is a lower standard than the "probable cause" standard that law enforcement must adhere to in most situations. Thus, juveniles in school have less of a right to privacy, which the Court justified as necessary for school administrators' task to "maintain order in the schools."
For a "reasonable" warrantless search to overcome the Fourth Amendment right to privacy, it must meet two requirements:
The search must have been "justified at its inception."
The search must have been "reasonably related in scope to the circumstances which justified the interference in the first place."
In addition, lower courts across the country have ruled several times that police officers can participate in warrantless searches of a student's property as long as the officer is working at the direction of school leadership, not the other way around. Courts tend to view this arrangement as prudent, especially when the student is suspected of possessing a weapon.
Juveniles still have rights in Florida
Just because your teenager's civil rights are reduced when they are in school, it does not mean they disappear completely. An experienced defense attorney can explain your child's rights to them, review the charges and decide how to proceed.]]>