Violation of Probation in Florida

Instead of jail time sentence, many individuals in Florida who are convicted of crimes are given probation. When there is an accusation of violation of probation, the probation may be revoked, and the person who violated the probation may be put behind bars. Thus, it is very important that a lawyer should work with the person in building a solid defense in order to have a greater chance of receiving a positive outcome.

A Florida judge can sentence a person to jail or prison for the maximum time an offender was facing on the substantive charge. An example of this is when a person was placed on probation for a third degree felony and he violated the probation, and then he might be looking at five years in Florida State Prison for the violation. If the person was originally charged with a misdemeanor and was given probation and committed violation of probation, then may receive up to one year in the county jail.

In so far as the types of supervision that can be ordered by the court, there are different ones like the following:

The Department of Correction has the authority over a defendant once he is ordered by the court to be regular probation, drug offender probation, and administrative probation or otherwise known as mail-in probation, community control or house arrest, sex offender probation. The person under probation should meet all the requirements and agree on terms and conditions of the probation. If there is a slip up or a mistake by violating any of the conditions, then he is considered to be in violation of the probation.

There are two types of violations – substantive violation and technical violation. The first type is when you have been charged with a new criminal violation while on probation while the second one is when a probationer either fails to comply with what he has been ordered to do as part of his probation or he does something that go against the terms and conditions.

Here are some examples of violations:

1. Failure to notify probation officer of a new change of address

2. Failure to complete a drug or alcohol rehabilitation program in a specified period of time.

3. Positive testing for drugs or alcohol.

4. Failure to file a monthly report

5. Failure to report to the probation officer.

6. Failure to pay for the fees and court costs.

7. Probationer failed to get approval for out-of-state or out-of-county travel.

 Probation violation is a serious issue. This should be handled by an experienced criminal lawyer.

DUI While On Vacation in Florida

Many people from other states outside Florida want to have a great vacation in the Sunshine State. But what if a vacation DUI happens to you in Florida? A vacation DUI is one of the worst things to happen. Unfortunately, it happens. If you face DUI while on vacation in Florida, you may face harsh penalties. These include fines, community service, and even jail time. Let’s take a closer look at these penalties.

Community Service

You may probably wonder whether you have to stay in Florida to do community service after you get charged with a vacation DUI. A first time conviction of DUI in the state may lead to 50 hours of community service. This may cause hassle to you because you live outside the state. Luckily, there are lawyers who can help you negotiate to have this part removed. Instead of community service, you can pay for an extra fine of $10 per every hour of community service that is assigned to you.

Probation

Drivers who have been charged with DUI in Florida may be required to be placed under probation. For the first offense, the probation and jail time cannot exceed one year. Like doing community service, this may be impossible for a vacationer to do. A DUI defense lawyer can help you avoid this part of potential penalty.

Jail Time

Many judges in Florida like to give jail time to people who have been guilty of a DUI. Take note that this can happen on the first offense. The judge can send you to jail for up to six months or, in some cases, up to nine months in first time cases. The penalties are steeper for subsequent offenses. You need to talk to a lawyer who can argue against this form of penalty.

Impounding

Many cases of DUI in Florida lead to the impoundment of the vehicle of the drunk driver. The length of time for the impoundment depends on different factors surrounding the DUI. Many lawyer usually argue against impoundment by saying that the defendant needs the vehicle as this is the only form of transportation for his or her family.

Vacation DUI is not a funny issue in Florida. This is an issue that needs to be taken seriously. Travelers like you who face this problem should ask for legal assistance of an experienced DUI defense lawyer. The lawyer can help you get through this case and back home.

Guide on Taking the Breath Analyzer Test

Although a driver can refuse a breath analyzer test, he should be aware of the ramifications of such refusal. It is a good idea not to refuse this test. Florida imposes a much longer license suspension for people who refuse it. In case you face this test, here is a guide on how to take it.

1. Do not trick the machine. People are made to believe that a breath analyzer machine can be tricked by putting a coin in your mouth or blowing and stopping or just pretending to blow. The machines have sensors that can determine whether a driver taking the test is messing up with it. If you trick the machine, this could be considered a refusal.

2. Do not hold your breath before you blow into the machine. If you hold your breath, it warms up in your lungs. You should takes several deep breaths and let them completely out. This could lower the temperature of the breath, thus lowering the alcohol content of your breath. Take a normal breath and do not hold it before you blow into the machine.

3. Blow into the machine normally. Blow steadily.

4. Blow for at least seven seconds then stop blowing. Police officers conducting the test usually tell you to keep blowing or to blow they tell you to stop. Their goal is to get the highest possible reading which could be a result of increased temperature. Over blowing is a tactic they employ to manipulate test results.

5. Blow again if police officers told you to. Police officers often get the average of the results, so they may ask you to blow again. If you refuse to blow, they will note it as a refusal.

6. You must be attentive of the procedures before the test is conducted. Police officers administering the test should observe you for 15 to 20 minutes to see that nothing goes in your mouth that could contaminate the test. Pay attention during this time period. Are the police secretly talking to one another behind your back? Are they talking to somebody on the phone? What are they doing? Is there a video camera in the room? The criminal defense lawyer will ask these questions later.

7. It is better to not talk to police officers. There is nothing you can say that will help your case. Talk to a DUI lawyer as soon as you can because a lawyer knows how to defend your legal rights and protect your freedom.