photo provided by Incase

TIPS TO PREVENT TEEN DUI’S

Teenage drinking and driving carries serious consequences that range from legal troubles to potential accidents and even death. DUIs are expensive and can carry long lasting consequences for teenage and other drivers. Teens are just learning to drive and their risk of accidents is already high; adding alcohol to the mix just compounds the problem and results in an accident waiting to happen. Alcohol related accidents take lives, but they can be prevented. Here are some tips to help you encourage your teen to drive responsibly:

• Talk to Your Teen – It might seem like your teenager never listens, but you’d be surprised at how much they hear. Talk to your teen about the dangers of teenage drinking. Encourage them to choose other activities and to abstain from alcohol. Talking about the dangers of drinking isn’t enough; talk to your teen specifically about drinking and driving.
• Provide Safe Alternatives – In an ideal world teens would never drink, but mistakes do happen and your teen needs a safe way to get home, even if they have been disobeying you. Let your teen know that you are always there to help them get home if they, or their friends, have been drinking. Helping your child get home after a night of drinking doesn’t mean that you condone their behavior and doesn’t mean that you can’t punish your child for their poor choices. Let your teen know that you are happy to pick them up
• Know Where Your Teen is Going – When your teenager is heading out for the evening ask them where they will be going and what they will be doing. They may lie, but many teenagers will be open and honest with their parents. Take an interest in your child and in their activities and friends.
• Set a Good Example – Many teens learn appropriate alcohol related behavior from their parents. Know your limits. Plan for a designated driver or call a cab when you go out. Set a good example for your child by practicing what you teach.

WHAT TO DO IF YOU FIND YOUR TEEN DRIVES DRUNK

Prevention is easier than picking up the pieces after your teen decides to drink and drive, but unfortunately won’t always keep a problem from happening. If you do find out that your teen has been driving drunk it is important to take action. Don’t ignore the problem. Your teen needs help.

• Create Penalties – Drinking and driving should carry consequences for your teenager, whether or not they are caught by law enforcement. If you catch your teen drinking and driving make sure that you create appropriate punishments to help them learn their lesson. Alcohol treatment or education may be needed.
• Take the Keys – If you know your teen drinks and drives, take the keys away. Offer to pick them up and drop them off when they go out with friends.
• Hire an Experienced Lawyer (If Needed) – If your teen is arrested for drunk driving they will need a lawyer. If you are in the state of Florida feel free to contact our firm. We bring more than 20 years of combined legal experience to each and every case. We are passionate about criminal defense law and will work hard to ensure the best possible outcome for your child’s case. 
• Love Them Anyway – Kids make mistakes, but that doesn’t mean that they don’t need parental love and support. Help your teen to get the help they need.

Teen drinking and driving is a serious problem. Help your teen to understand the consequences of drinking and driving so that they don’t end up in the same situation as Tampa teen Kimberly McCarthy.

How can parents teach teens about the dangers of drinking and driving?  What would you do if you were the parent of Kimberly McCarthy?

photo provided by Jeffrey Smith

There’s firsts for everything, but not everyone wants to experience their first DUI arrest.  If you happen to see flashing blue and red lights in your rearview mirror and you know that you may be teetering above the legal limit, try not to panic.  Navigating through your first DUI isn’t going to be easy, but it isn’t the end of the world.  You’ll need a level head and the handful of practical steps to know what to do next.

Here’s a simple guide as to what to do if you’re in that hot seat, brought to you by the team here at Finebloom & Haenel who are seasoned DUI lawyers right here in Tampa, Florida.

The Arrest Through Sentencing – What to Expect

1. The Arrest – When you were arrested you probably had a chemical BAC (Blood Alcohol Content) test. In Florida having a BAC level above .08%  will result in a suspension of at least 6 months. That doesn’t mean you should refuse the test though; a refusal comes with a yearlong suspension.
2. Find a Lawyer – Start looking for a DUI lawyer as soon as possible. If you don’t already have a lawyer, pick up the phone and contact us. The clock starts ticking from the moment you get arrested and if you want to file an appeal to the suspension for driving over the limit or refusing a blood/chemical test you only have 10 days.  It doesn’t matter if you are guilty or innocent, you will still need a lawyer. This person will be your advocate with the court and your guide through the DUI process. An experienced lawyer will fight your conviction, negotiate your charges and secure the least punishment possible. Guilty or not, call us for the representation you need.
3. Find a Reputable Bail Bond Company – Now that you’ve got a lawyer, it’s time to think about getting out of jail so you can return to work and prepare for your DUI defense. Most reputable bail bond companies will ask for 5-15% non-refundable deposit and collateral to cover the remaining amount.
4. Request a DMV Hearing to Avoid Suspension – Your license was probably suspended immediately at the time of your arrest, but that doesn’t mean you are doomed to a lifetime without a license. You can appeal the suspension with a DMV hearing.
5. Head to Court – Many people find that court is the most intimidating part of the DUI process. If you haven’t been to court before you have no idea what to expect or what will happen. Luckily you will have your attorney by your side. They will use the facts as well as any mitigating circumstances (things that may lessen the severity of your charges) to minimize the consequences associated with your DUI, secure alternate sentencing, negotiate and sometimes even get the charges dropped.

Completing Your Punishment

Best case scenario, the charges will be dropped. But that isn’t always a possibility. Let’s take a quick look at the potential outcomes from your court experience. Sentencing varies based on the charges, number of offenses and circumstances involved. Jail time, fines, mandatory alcohol treatment or education, license suspension or any combination of the above are common consequences of a DUI.

1. Fulfill Treatment/Education Requirements – If you are required to complete alcohol training or education, enroll as soon as possible. You may be required to complete your courses before you are able to get your driver’s license restored.
2. Request a Hardship License – You may be able to qualify for a Florida hardship license enabling you to get your license back after a DUI suspension sooner. You can file a request for a hardship license to the Administrative Reviews Office of the Florida Department of Highway Safety and Motor Vehicles.
3. Avoid Future DUIs – A DUI might not be the end of the world, but it is a lot of hassle and expense. Save yourself the trouble in the future by avoiding the risk. Don’t drive after drinking and make a plan for getting home before you head to the bar or a party.

What tips do you have for facing a first time DUI? What part of the DUI process do you find most intimidating?

Whether the charge is a misdemeanor or felony depends on the type of dug and the amount you possess. Almost all drug possession charges are felonies.

If you have been charged with a drug charge you need to contact an experienced drug crime defense lawyer to discuss your case.

photo provided by Hossam el-Hamalawy

When it comes to the law, you will always want the best representative on your side – especially in the case of a drunk-driving charge. There are many DUI attorneys in Tampa, but not every one can achieve great results for you. A great DUI lawyer should have impeccable credentials and relative experience, but should also be a good fit for your personality.

Here are 10 things to consider as you hire a great DUI lawyer in Tampa:

1. Criminal defense lawyers should have criminal law experience. It’s unlikely that the same lawyer who drew up your will could defend a drunk-driving charge. A great DUI lawyer works on cases like yours every day. That’s who you want to defend you.

2. Your lawyer should explain your options thoroughly. What are the benefits of the plea bargain? Why might you want to go to trial? A good lawyer will examine all aspects of your case. For example, can you assume the breath test rules were followed? It can be expensive to go to trial, but there are consequences to pleading guilty, too. Your lawyer should share this information with you.

3. Courtroom experience is important. The lawyer you choose should have experience defending cases just like yours in court. He or she should know the best strategies. For example, some expert DUI attorneys believe clients shouldn’t be put on the stand because it shifts the jury’s focus from determining reasonable doubt to the determining the defendant’s credibility. Ask about your lawyer’s strategies.

4. Hire locally. If you are facing a charge in Tampa, hire a defense attorney in Tampa. This person will best understand the specifics of the jurisdiction where you have been charged.

5. Your lawyer should not make any guarantees. Period. There is no way to promise you a certain outcome. However, a great DUI lawyer will put his or her best effort into your case. If your lawyer is making lofty guarantees, walk away.

6. Be sure the fee is comparable. If not, you may have reason to be suspicious. A quality lawyer with top experience will charge more than a newcomer, but the fee should be in the ballpark with similar attorneys.

7. A great lawyer isn’t a one-man-show. Meet the other professional staff in your lawyer’s office, such as the administrative team, paralegals, and other lawyers who might work on your case.

8. A good criminal lawyer should make you feel comfortable. If you feel pressured one way or another, this lawyer may not be a good fit for you. A great lawyer will be investigative. He or she will ask questions about your case – not simply tell you what to do.

9. Ask around for references. A great DUI lawyer also has a great reputation. Because a lawyer can’t win every case, you may run into disgruntled clients when asking around. But a great attorney will receive more positive feedback than negative.

10. Look for someone who loves what they do. It will be obvious when you first meet with a prospective lawyer whether they are good at what they do by how they act. If they are short with you, appear not to care, or aren’t listening to your story, they likely won’t work for you. Hire someone with passion for their work.

Remember that defending a DUI charge isn’t simple. You may be tempted to represent yourself, but you are considerably minimizing your options if you do. In this case, what you don’t know will hurt you. A great defense lawyer in the Tampa area can help.

Have you ever had to hire a lawyer to defend a drunk-driving charge? What characteristics did you look for when finding a lawyer?

• Capital Felonies – are felonies punishable by death. The most common capital crimes are first degree murder and sexual battery on a person under 12 years of age.
• Life Felonies – are felonies punishable by life in prison. A person must serve at least 30 years of a life sentence. Life felonies include sexual battery of a person over 12 years of age and felonies in which a firearm is discharged (such as robbery with a firearm).
• First Degree Felonies – are punishable by up to 30 years in prison. A common first degree crime in burglary with an assault or battery. Robbery with a weapon other than a firearm is also a first degree felony.
• Second Degree Felonies – are punishable by up to 15 years in prison. Dealing in stolen property is an example of a second degree felony.
• Third Degree Felonies – are punishable by up to 5 years in prison. The most common third degree felonies are grand theft and driving on a suspended license as an habitual offender.

No matter which felony you have been accused of, the penalty is serious. There are also unforeseen consequences such as fines, loss of your voting rights, registration penalties and possibly even the loss of a job or home. If you have been arrested for a felony contact a criminal lawyer now! An attorney will act in your best interest and protect your rights. Don’t wait! Call an attorney today!

1. Were you referred to the attorney by a trusted source? If a friend or co-worker recommends them, chances are there is a good reason.
2. Does the attorney have any bar complaints? You can look up any attorney on the Florida Bar Website. If they have serious complaints or issues they will be listed on the site.
3. Ask the attorney if they have experience with your type of case. Some attorneys practice in many different areas. They may have a family law practice and pick up the occasional criminal case but advertise themselves to be a criminal defense lawyer. Ask any potential attorney what percentage of their practice is devoted to criminal cases. If a large part of the practice is devoted to criminal law, ask if they have experience with your particular charge. Some attorneys only handle misdemeanors. Some criminal attorneys only handle traffic offenses, some only serious felonies such as rape. Asking questions will help you determine if the attorney you are considering will be qualified to handle your case.
4. Ask how many cases they have taken to trial. If the attorney isn’t willing to try a case before a jury, they are not qualified to take your case. The decision to go to trial or not is always yours. If the attorney will not follow your case all the way through they are not the attorney for you.
5. Did you get there name from a group or association? There are specialized groups such as the Florida Association of Criminal Defense Attorneys that attorneys can join. These groups usually have meetings and classes to keep an attorney up to date on changes in the law. If the attorney you are considering is associated with a group such as this it can be an indication of their dedication to their practice.

These are just some of the factors you can consider. If the attorney makes you feel comfortable and answers your questions it is a good indication that they are the attorney for you

#1 – DO NOT DISCUSS YOUR CASE WITH ANYONE EXCEPT AN ATTORNEY!! All calls in the jail are recorded, and your “cellmate” will rat you out if it means getting a better deal. Only discuss your case with your attorney. If you tell anyone else anything the State will try to use what you said as evidence against you.

#2 – Hire an experienced Criminal Defense Attorney!! If you have been charged with a felony, you need a good lawyer to represent your interests. Here are some of the things an experienced lawyer will do to help you beat your charge:

1. Once you hire an attorney, the lawyer will ask to view all of the evidence against you. The lawyer will also take statements of any and all witnesses. By doing this a good attorney can find weaknesses in the State’s case that may help you either beat the charge or get the charge reduced.
2. The attorney will talk with your witnesses. If they have helpful information the attorney will list them in your case. That way they will be able to testify on your behalf.
3. Make all of your necessary court appearances. If you fail to appear at a mandatory court date, the judge will issue a warrant for your arrest.
4. Stay under the radar! Don’t do things that violate the terms of your release and don’t do anything that could result in more charges being brought against you. Don’t return to the location where the crime supposedly occurred and do not associate with co-defendants until the conclusion of the case.
5. Be honest and up front with your attorney! If you lie to your attorney they can’t help you. It is very important you tell them EVERYTHING! The attorney can not reveal anything you tell them to the Court. But if you don’t tell them and it comes out later in trial it may hurt your case. So make sure you tell them everything that happened.

No lawyer can ever guarantee an outcome in a criminal case. But by following the steps above you can put yourself in the best position to get the most favorable outcome for your situation.

photo provided by Great Manchester Police

From Spring Break to Prom to graduation, the current season of fun can be just that – tons of fun. But it can also be trouble. A common offense during one of these occasions is a DUI. If this happens to you in the Tampa area, it’s time to talk with a top criminal defense attorney in Tampa. If you travel for your event, drunk driving poses a serious risk. But you can still enjoy your time and have a few drinks without going overboard. You just need to put to practice a few guidelines.

Ready? Here they are:

1.  Don’t drive if you don’t have to. Plan to use a taxi, subway, bus, or other modes of transportation that don’t involve driving. If you are walking, go with a friend. When your group chooses public transportation, everyone can afford to have a few drinks.

2.  Designate a driver. If you have to drive, let a non-drinker be your driver. Make sure this is someone you trust to avoid alcohol during the event. Take turns being a designated driver if you and your friends are on vacation together.

3.  Keep the drinking at home. Can you stay overnight at the party? If you want to drink while on vacation, consider only drinking in your hotel room. There’s no need to go out if you don’t have to. Invite others to join you or meet at the hotel pool.

4.  Know your limits. You can be easily fooled by excessive alcohol consumption at an event – especially if you’ve been drinking on a beach on a hot day or you’ve tried a new cocktail at the party you are attending. If you feel tipsier than normal, hand over the keys.

5.  Be a friend. It’s OK to take the keys of someone who’s had too many. Not only do you want them to avoid a DUI, you also want them to be safe on the road. A friend will understand – hide the keys if you have to.

What happens if you are caught? Even your best preparations can have unhappy endings. State drunk driving laws vary. In Florida, you will face license suspension, mandatory education, and even possible vehicle confiscation and an ignition interlock device. If you receive a DUI while in the area, you should contact a criminal lawyer in Tampa who: understands the necessary hearing processes, can effectively explain the penalties you are facing, and has experience with defense DUI defense strategies.

Don’t worry – the highly experienced DUI lawyers at our Tampa law office can help you navigate this process. Don’t assume you can achieve success without help. Better yet, avoid drunk driving altogether and really celebrate! Good luck and have fun!

What are your Spring Break party stories? If you’ve faced a DUI in the past, what were your consequences?

Having a misdemeanor record does not sound like a big deal. But some charges, such as petit theft, are considered crimes of dishonesty. These crimes can keep you from getting a job. Crimes such as simple or domestic battery or drug possession are misdemeanors that can keep you from getting professional licenses.

If you have been arrested for a misdemeanor, make sure you hire an attorney to help protect your rights. If you think you qualify for an expungement contact an attorney immediately to start the process. The sooner you can seal the record the better off you will be.

Most applications for jobs, housing or licenses ask the question “Have you ever been convicted of a felony?” If you say yes, they ask what year. This means even if the background check they perform does not go back as far as your arrest, they may still find out about your charge.

If you are convicted of a felony, you can petition to have your civil rights restored after 10 years. But this does not erase the felony from your record.

If you have been arrested for a felony, make sure you hire an attorney to help protect your rights. A conviction can result in the loss of a job, voting rights, the right to own a firearm and can ever result in eviction from housing or homeowner associations. If you think you qualify for an expungement contact an attorney immediately to start the process. The sooner you can seal the record the better off you will be.

If you have been arrested for a misdemeanor, talk to a lawyer immediately! Protect your rights. If you have a misdemeanor on your record, contact an attorney to see if you qualify for expungement. An attorney can discuss what you can do about keeping your record as clean as possible.

Most applications for jobs, housing or licenses ask the question “Have you ever been convicted of a felony?” If you say yes, they ask what year. This means even if the background check they perform does not go back as far as your arrest, they may still find out about your charge.

If you have been arrested for a felony, hire a lawyer immediately! Protect your rights. If you have a felony on your record, contact an attorney to see if you qualify for expungement. In either case, speak to an attorney to see what you can do to protect your good name in the event you must get a background check.

• Some misdemeanors can result in suspension of your driver’s license even if the charge has nothing to do with driving. If you are convicted of charges such as petit theft and possession of marijuana your license will be suspended.
• Petit theft charges are crimes of dishonesty that can be counted against you when looking for a job.
• Any type of drug charge, including misdemeanor marijuana charges, can result in the loss of financial aid and some scholarships.
• Domestic battery and battery charges are violent offenses that can keep you from getting some jobs and licenses. They can also keep you from being able to volunteer at your child’s school or in their extracurricular activities (such as sports or scouting).
• If you receive three or more driving on suspended license charges within a five year period, it may result in a five year suspension of your license.
• DUIs can be costly and increase insurance rates.

There are several other types of misdemeanor charges that have penalties that you may not realize. Make sure you talk to an attorney before accepting a plea to any misdemeanor charge. It may seem as though it is not big deal. But a misdemeanor plea can have unintended consequences.

Many jobs today require random drug testing. This is true even if you are a stock person or cashier. A pending drug charge may prompt your employer to test you in accordance with the company policy.

It also may make a difference whether the charge is a misdemeanor or felony. Some jobs disqualify applicants automatically for felony charges. It may also make a difference to your employer what type of drug it is. Some employers may not care about a marijuana charge, but will not consider hiring you for cocaine. It may also make a difference to an employer whether the charge is for possession of drugs or sale of drugs.

These are just some of the considerations an employer considers when you apply for a job with a pending drug charge. If you have been arrested contact an attorney to discuss your options and how to put yourself in the best light for future employers.

It is becoming more common for an employer to refuse to hire a person if they are convicted of certain types of misdemeanors such as petit theft or possession of marijuana. Some restaurants will not hire you if you have been convicted of misdemeanors such as possession of alcohol underage or selling alcohol to a minor. If you are a home health aide or nurse, misdemeanor charges of battery or assault may keep you from getting a job or a keeping your license. Domestic charges can keep you from working with children in a school or daycare.

In these changing times a misdemeanor can be considered a big deal. Don’t risk it. If you have been arrested or charged with a misdemeanor offense make sure you contact a qualified attorney. They can represent your interests and protect your rights!

If you have been arrested, a potential employer will think about the following:

1- What have you been arrested for? Was it for a violent crime? If so an employer may not want to risk a lawsuit for your assaulting a fellow employee or customer. Was it for theft? If so the employer may not want to take a chance that you will steal from them. Is there a possibility you will serve jail or prison time? If so an employer may not want to spend time training you if there is a chance you won’t be around to work.

2- Is it a felony or a misdemeanor? Some employers may not consider a misdemeanor to be a big deal.

3- Will your sentence affect your employment? If you are going to be on probation the employer may not care. But if you receive house arrest there is a possibility you won’t be available to perform all of your duties if your job requires you to leave the county or be on-call. If you are convicted of DUI and lose your license and you drive for a living there would obviously be an issue with a potential employer.

These are just some of the considerations an employer considers when you apply for a job with a pending charge. If you have been arrested contact an attorney to discuss your options and how to put yourself in the best light for future employers.

1. you are under the influence of alcohol, drugs or prescription drugs to the extent that your normal faculties are impaired.  OR

2. you have an alcohol level of .08 or more grams of alcohol per 100 milliliters of blood OR

3. you have an alcohol level of .08 or more grams of alcohol per 210 liters of breath.

Under the law. . .

            A “vehicle” is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. This includes bicycles, ATVs, scooters, mopeds and lawnmowers.

“Normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives. The usual types of actions the officers talk about when they make an arrest are “slurred speech” and an inability to stand up straight or balance. If the cop thinks you look a little unsteady and you sound as if you have been drinking, they will probably take you in.

“Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether they are actually operating the vehicle at the time. So if you are intoxicated and sitting in the front seat of a car listening to the radio, you are in physical control even if you aren’t driving. That can be enough to convict you of DUI.

The Florida DUI law is very broad, and it is very easy for an officer to find enough probable cause for an arrest. That is why you should be very cautious if you drink or take any type of drug or medication and drive. If you are arrested, make sure you hire good representation to defend you as there are often defenses you may not know about.

Many companies will conduct a background check prior to hiring an individual for a position. Most companies will not hire someone with a felony conviction. Also, a felony conviction can result in a suspension of some professional licenses making it illegal for an employer to hire you.

However, there are companies that receive tax breaks for hiring individuals who have been convicted of a felony. There are also bonding policies (sort of like insurance policies) that are available for people who have been convicted. These policies assure an employer that if you do something wrong, the company will be covered. Smaller companies are more likely to hire you than a larger chain. You can also work for yourself.

To find a list of employers who are willing to hire felons or to obtain a bonding policy, contact your local workforce development office. They can assist you with job placement.

Most DUI cases are misdemeanors. Other misdemeanors are crimes such as trespass, possession of paraphernalia and most petit theft charges.

It is common for people to say “oh, it’s just a misdemeanor.” But some misdemeanor charges can have serious consequences. Petit theft charges are crimes of dishonesty that can be counted against you when looking for a job. Some misdemeanors can result in suspension of your driver’s license even if the charge ahs nothing to do with driving

Most of the time felonies are serious crimes such as murder, rape and burglary. But sometimes three or more convictions of a “simple” or “stupid” crime, like petit theft, driving on a suspended license or a DUI charge can be filed as a felony.

A felony conviction can have serious consequences. It can result in loss of civil rights such as the right to vote or have a firearm. If you live in housing that requires a background check or security clearance it can result in eviction. It may also impact your job or professional licensing. If you have been accused of a felony it is important to have good representation to protect you.

Gasparilla events include the “Gasparilla Invasion,” the Gasparilla Invasion Brunch,” and the “Parade Fest Street Festival” along with live music, food, costumes and partying.  And drinking.   Drinking has become synonymous with the Gasparilla festivities and it seems everyone participating imbibes on the ‘liquid pirate booty.’   In response to the partying, the Hillsborough County Sheriff’s Office seeks to protect those people on the roads through Hillsborough County and will be conducting “Operation 3D,” a public awareness campaign meaning Don’t Drink & Drive.”   HCSO deputies will be on the lookout for drunk drivers, specifically tonight, January 26^th.  There will be a checkpoint and deputy “saturation” in District II, Eastern Hillsborough County, State Road 60 and Parsons Avenue.

A DUI is a serious offense and the ramifications on your driving privileges and your livelihood can be severe.   If you or someone you know gets arrested for DUI and you want to know your rights, contact criminal defense DUI attorney Stephen Higgins at Stephen@fightyorucase.com  or call at 813-649-869, with offices at 3426 W. Kennedy Blvd., Tampa, FL 33609. www.FightYourTampaDUI.com

1. Do I feel comfortable talking to this attorney? As mentioned before, arrests can be embarrassing. There is a lot of information you will need to provide to your attorney if they are going to be able to help you. Some of the things you have to tell the attorney will be very personal. Do you feel like the attorney listens to you? Is it easy to talk to the attorney about the facts of your case? It is important that you feel a good “connection” between you and the attorney. If you can’t tell your attorney about you and your case, the attorney can’t help you.

2. Does the attorney have experience with my type of case? The more experience an attorney has in a particular area the more they know. This is especially true with criminal cases. The more serious the crime, the more important it is that the attorney know what they are doing. Ask the attorney how much of their practice is dedicated to criminal law. Don’t be afraid to ask them specific questions about your case and the offense you have been charged with.

3. Can the attorney explain my case to me in terms I can understand? Whatever happens in your case affects you. If you are convicted you get the penalty. It is important that you understand all of the issues in your case. If the attorney can’t explain your options in terms you understand then you can’t make decisions about your case. Make sure that your attorney takes the time to answer your questions in a way that makes sense to you.

4. Will the attorney take my case to trial? It is always the client’s decision whether or not to go to trial. The attorney can advise you whether or not they think you can win, but the ultimate decision is up to you. Some attorneys will only be willing to take your case through plea negotiation. They will not go before a jury. Make sure the attorney you hire is willing to take your case all the way if that is what you choose to do.

5. Will my attorney be available to speak with me? A common complaint among clients is “I can’t get a hold of my attorney!” or “I don’t know what is going on with my case.” Make sure the attorney you hire is available during reasonable hours to speak to you. Or, that they at least have an assistant who is knowledgeable so that you can stay up to date on your case.

You will know when you have made the right decision about the attorney you wish to hire. Overall, if you are comfortable speaking with the attorney and the attorney is knowledgeable and ready to represent you, you have made a good choice.

Hi, I’m Steve Higgins, a criminal defense attorney here in Hillsborough County located in Tampa. I want to talk to you today about the different classifications of crimes or offenses. There is two broad categories, that being misdemeanor and felony. And then with each one of those, they are broken down even further.

With respect to a misdemeanor offense, there is second degree misdemeanor offense, and then a first degree misdemeanor. A second degree misdemeanor carries upward of 60 days in the county jail, and a first degree misdemeanor carries upwards of a year.

On the other side of the board, there’s felony offenses. There’s three classifications, or three grades of felony offenses. The first being a third degree felony, a second degree felony and then a first degree felony. The felony’s carry upwards of five years in Florida State Prison for a third degree felony, 15 years in the Florida State Prison for a second degree felony, and, of course, a first degree felony is punishable by upwards of life.

I strongly advise you to the extent you’ve been charged with any of the offenses, whether it be a misdemeanor offense or a felony offense, give us a call. The phone number is 813-649-8690. Give us a call so that we can evaluate the best way to defend you on any one of these charges that, uh, that you’re currently facing.

A series of car crashes that led to multiple DUI charges in Tampa including DUI manslaughter against an Army veteran has led to the man pleading guilty after claiming his innocence for more than a year. Randy Archiquette is waiting to be sentenced now on two counts of DUI manslaughter, three counts of DUI with property damage and leaving the scene of numerous accidents.

Archiquette could be looking at life in prison for killing two women in a series of crashes. According to TampaBay.com on April 13, 2009 Archiquette caused five crashes in a 30-minute period while driving his Chevrolet Yukon with a 0.147 blood alcohol level. He was driving near Hillsborough and Florida Avenues when his truck finally flipped ending his rampage. Following the crashes Archiquette learned that 20-year-old Brittany McFarland and 69-year-old Betty Williams were both dead. He steadfastly denied he could have killed the two women. Prosecutors contend that Archiquette was not only drunk but under the influence of prescription drugs as well at the time of the car crashes.

The families who lost loved ones that day will have to wait until February 11 to find out what Archiquette’s Florida DUI sentence will entail. The judge warned Archiquette that he could not change his mind once he pleads guilty and the penalty for DUI manslaughter in Florida could be life in prison. Archiquette acknowledged that he understood that. He has already been in jail for 19 months since his arrest as he was not given bail. The Army veteran spent 12 years serving his country and has two young daughters.

Several family members attended the hearing as did the grandmother of Summer Moll who was severely injured in a DUI crash in which Tammy Rosian also lost her daughter. Rosian connected with families of the victims of this accident on Facebook and came to lend support.

A Pinellas County lawyer has been arrested in Clearwater on drug charges for allegedly attempting to smuggle the painkiller Oxycdone into the Pinellas County Jail. The lawyer was arrested Friday at a Clearwater gas station where he was set to make an exchange with undercover deputies. The investigation began following a tip to the Pinellas County Sheriff’s.

The St. Petersburg Times is reporting that the sheriff’s received a tip on Thursday that the lawyer was bringing illegal substances into the jail. At that point detectives reached out to the lawyer to and set up a deal where the lawyer would take 50 oxycodone pills into the jail in exchange for 20 of the painkillers for himself. The attorney was arrested at the time of the exchange. The arrest took place at a Mobil gas station located on the 4800 block of Ulmerton Road.

The 31-year-old suspect has been charged with trafficking in oxycodone and possession of a controlled substance. A former Hillsborough County assistant state attorney, the current defense lawyer has been a licensed attorney in Florida for five years. He came under heavy criticism by Hillsborough County Judge William Fuente in 2008 for his defense of a shooting suspect. The trial involved David Rolon who was accused of shooting his neighbor in Sulphur Springs. The judge granted a motion for a new trial based on his in adequate representation of his client. There are no disciplinary actions on record against the man with the Florida Bar despite that judge’s ruling in the case.

In August the man was arrested on spousal battery charges that were eventually dropped. He is currently in the Pinellas County Jail on $105,000 bail on his current Florida felony drug charges. According to another newspaper report the investigation into the attorney is on-going and more information could be forthcoming.

A doctor accused of illegally dispensing prescription drugs will not face a second trial on Florida drug trafficking charges. Dr. John Mubang was tried in Tampa last month and the jury could not reach a verdict in his case. Now the state has decided to not go through with another trial and Mubang will continue to see patients as he has done since his arrest.

One of the reasons Mubang will not stand trial for a second time was the fact that five of the six jurors wanted to find the doctor not guilty. That was according to a quote from the jury foreman to the St. Petersburg Times. Circuit Judge Ronald Ficarrotta was on the bench for the case and declared the mistrial. The Seffner doctor has agreed to enter a pretrial intervention program that will last 9 to 18 months and include community service hours. Following successful completion all drug trafficking charges will be dropped.

The drug trafficking case dates back to 2008. Prosecutors accused Mubang of prescribing undercover officers addictive medication. According to charges, the doctor prescribed enough drugs to warrant trafficking charges. It was also alleged that the physician never examined the undercover detectives, never asked about their medical histories or any other pertinent questions before writing prescriptions for painkillers. The charges led to the first such trial ever in Hillsborough County.

According to Mubang’s criminal defense attorney, there were no sanctions on the doctor’s medical license and he will continue to practice medicine in Seffner. He also emphasized that there was no admission of guilt by his client. Mubang did not comment following the announcement by prosecutors but his attorney said he felt that the resolution was fair for everyone involved in the case. The quote from the jury foreman had a big effect on the prosecution not moving forward with a second trial according to Mubang’s lawyer.

A north Florida man is facing a lengthy DUI prison sentence after pleading guilty to a felony DUI charge in the death of a 16-year-old girl. John Campbell Arthur pled guilty to numerous charges in connection with a car crash that killed Alayna Bowman on June 23. According to reports Arthur had a blood alcohol level of three times the legal limit at the time he hit Bowman’s car as she was pulling into her driveway.

Arthur has entered a plea of guilty to DUI manslaughter, driving with a suspended license as a habitual traffic offender, reckless driving and violation of probation on a previous charge of carrying a concealed weapon. Arthur will be sentenced December 14 and his Florida DUI sentence could be as high as 33 years in prison.

The car crash that took the life of Bowman took place at approximately 10:30 p.m. outside the teenager’s home in Fort Walton Beach. Arthur was apparently trying to pass the girl leading to the fatal crash. The family was relieved with the guilty plea. First, it means the man that took the young girl’s life will go to prison but it will also spare her 13-year-old brother from taking the stand and reliving the horrible night as he was in the passenger seat at the time of the crash.

According to the report of NWFDailyNews.com, Arthur still has 30 days in which to change his mind, withdraw his guilty plea and take the case to trial. With blood alcohol readings of 0.278 and 0.276 it would be a difficult case to fight for any criminal defense attorney. Circuit Judge John Brown will hand down his sentence in an Okaloosa County Courtroom, which will hopefully allow Bowman’s family to begin to move on from the tragedy that took their daughter’s life.

A young woman who was the victim of a hit and run in Pinellas Park hung onto the roof of the car that hit her for about a half a mile after it was leaving the scene of the accident according to police reports. Karri Elizabeth Bush was crossing 86^th Avenue in Pinellas Park Sunday night on her bicycle when she hit by what she described as a Toyota SUV.

The 20-year-old Bush landed on top of the Toyota that hit her and held on for dear life for approximately a half-mile. The driver fled on 49^th Street after hitting the bicyclist. The driver apparently was being followed after leaving the scene of the accident by a witness. After realizing that, the driver made a hard U-Turn that threw Bush off the roof of the SUV. Bush was taken to the hospital and had a broken leg. Bayfront Medical Center staff described Bush’s condition as stable.

Police are now trying to track down the driver of the Toyota, which they believe would have serious front-end damage and a possible broken windshield. Officer Michael Piacenza is the point of contact for anyone with information on the hit and run. His contact number is (727) 541-0758. Police have a portion of the grill from the Toyota SUV and they are now visiting local area dealerships to try and match the grill to a car.

Bush was recently married and news of the accident was broken to the girl’s mother by a Tampa Tribune reporter who called for a quote about the car crash. Bush and her husband lived with family in Pinellas Park. Her mother said the 20-year-old likes to get tattoos and also likes riding her bike. Bush is one of many bicycle accident victims in the Tampa Bay area as this problem continues to grow.

One of the legendary clutch hitters in World Series and New York Yankee postseason history is facing the fight of his life on a Florida DUI charge that could result in a long DUI prison sentence. Former Yankee catcher Jim Leyritz is getting ready to be tried on a DUI manslaughter charge in a Fort Lauderdale courtroom stemming from a 2007 crash.

According to prosecutors as reported in a blog post on CNN.com, Leyritz was out celebrating his 44^th birthday when he decided to get behind the when of his Sport Utility Vehicle after a “alcohol-fueled” celebration. He allegedly ran through a red light and crashed into Fredia Veitch. The 30-year-old mother of two died in the crash. It was determined following the crash that Leyritz was driving with a blood-alcohol level of 0.14.

The reason the case could be problematic for prosecutors is that court records show Veitch was also intoxicated at the time of the crash. Her blood-alcohol level was higher than Leyritz’s at 0.18. The defense is going to use the fact that the woman was drunk, along with alleging that she was distracted on her cell phone, speeding and driving with her lights off and they will also challenger the fact that Leyritz ran a red light claiming it was yellow at the time he went through the intersection.

The case will revolve around the seconds leading up to the fatal crash that lead to the DUI manslaughter charge. Leyritz’s DUI defense lawyers will have their accident reconstruction experts battle those from the state and that may be where the case is decided. There has also been an issue with discovery in the case. The prosecutors admitted a violation but said that it occurred before the trial ever started but the defense has been granted a hearing on that issue, which CNN reported as a minor victory for the lawyers defending Leyritz.

Two suspected drug dealers could be on their way to freedom as their Mantaee County drug case is at risk with the disappearance of 260 pounds of marijuana and two kilos of cocaine. The Herald Tribune ran a front page story today detailing the loss of evidence and the mess that has become evidence property management in Manatee County.

According to the story the missing cocaine and marijuana are from two separate cases and while Sheriff’s officials say they don’t really know what happened they placed some o the blame on a leaky dehumidifier. One of the issues in Manatee County when it comes to storing evidence is that the county does not use a singular location like many other jurisdictions. In Manatee, evidence is stored in three different facilities including a bank vault leased by the county.

The evidence stored in the bank vault was from old cases. According to the article there was poor record keeping of that evidence and the Sheriff’s office eventually decided to incinerate all of that evidence assuming it would never be needed. When The Innocence Project came to ask for a piece of evidence for DNA evaluation in a rape case, it was gone along with evidence that could have been used in a drug trafficking trial from 11 years ago when the suspect was recently apprehended after jumping bail.

With the recent loss of cocaine and marijuana, both cases against those defendants are in jeopardy. While the drugs seem to have been tested and weighed by the Sheriff’s office, it was never independently evaluated by defense lawyers, which may be enough to foil a conviction in both cases. Manatee County has started to use bar codes for their evidence and a central storage facility in hopes of correcting the problem that is jeopardizing the criminal justice process in Bradenton and Manatee County.

Tina Pellegrino’s 17-year old daughter was in a coma for 56 days after she was hit by drunk driver nine years ago and now Pellegrino has lost her fiancé in a drunk driver accident. Pellegrino was crossing a Treasure Island street with 49-year-old David Happeney when the father of three was struck by a drunk driver and pronounced dead at Palms of Passadena Hospital.

The St. Pete Times is reporting 39-year-old Ann Marie Nunn has been charged with DUI manslaughter in St. Petersburg for the crash that took Happeney’s life. Nunn allegedly had a blood-alcohol level of 0.263, which is more than triple the legal limit. Police report she had just left a bar before the crash and was not only drunk but also taking prescription medication. Happeney was not inside the crosswalk at the time of the crash. That was also the case with eight of the 14 pedestrians who have been killed on Teasure Island’s Gulf Boulevard or Blind Pas Road. Six of those eight deaths was the result of a drunk driver according to police.

Happeney leaves behind three daughters. They ranged in age from 22 to 11. He had moved to the Tampa Bay area four years ago after losing his job. He rented a hotel room on Treasure Island to celebrate Pellegrino’s 43^rd birthday. The couple met three years ago and Happeney told family two years later that he was going to marry Pellegrino. The couple was headed back to the hotel when Nunn allegedly ran the man down.

Pellegrino has a history with DUI that is not limited to just having her loved ones involved in drunk driving crashes. The 43-year-old has been arrested three times for DUI herself. The most recent arrest was in 2006. The St. Petersburg Times tried to reach the woman for comment but they were unable to speak with her.

The Herald Tribune first reported the story of William Tyler Black. The story is that Black was in a Sarasota Wal-Mart when he apparently saw some “hot girls”. At that point he decided to perform a lewd act on himself. He went off to an aisle where toys were sold and took a Sports Illustrated Swimsuit Issue. He allegedly spent a few minutes in the toy section and left the magazine and his bodily fluids behind.

The charges for performing the lewd behavior are obvious if the alleged story is true but many have asked where did the battery charge come from? WTSP.com is reporting Black was charged with battery due to the fact he left his bodily fluids in a place where a child may come into harmful contact with said fluids. Those two charges have landed the substitute teacher in Sarasota County Jail.

According to WTSP Black subbed a few times at a Lakewood Ranch school called Imagine School. When contacted about Black’s employment, Imagine School’s Leader said that Black went through all the required background checks before he was hired as a substitute teacher. He also stated that the man had only worked at the school on three occasions. His employment has been terminated once the school learned of the arrest. There were no complaints lodged against Black during his time at the Imagine School.

If you happen to find yourself in a Pinellas jail needing bail following a Pinellas County arrest, there is good news for you. The Pinellas County Jail is now accepting credit and debit cards for bail of $750 or less. This is the first jail in the Tampa Bay area to offer this service. According to TampaBay.com there are only three other jails in the state that accept credit or debit cards.

According to Jim Coats, sheriff of Pinellas County, the program was put into place to lower the number of people stuck in jail while awaiting trial. The idea came out of a meeting of the minds between law enforcement, the county clerk, judges and public defenders offices.  The limit was set at $750 despite the fact the sheriff wanted it set higher. The sheriff pushed for $1000, the state attorney for $500 so they split the difference.

The program will only apply to a small portion of people in jail as the $750 threshold will include mostly those in jail for minor charges. TampaBay.com looked at the number of people arrested in Pinellas County and sitting in jail on Wednesday. Of the 3,252 people in Pinellas County jail, only 74 would qualify to use their credit or debit cards in order to post bail. The article reported that just over 20 people have utilized the program since August 23.

Most of the crimes that involve a bail of $750 or less are traffic offenses or non-violent misdemeanors. The processing fee will be seven percent and the sheriff’s and clerk’s offices will get ten percent of that cut. The Pinellas County clerk and sheriff see the idea as a winner as will many people who are arrested and need to use credit to get out. The losers under the new plan will most likely be the bail bondsmen who were called on in the past to help these people get out of jail.

There were two interesting stories in the Gainesville paper recently dealing with Florida drug arrests and a DUI with property damage involving nitrous oxide. Both arrests were not your typical run of the mill situations even though DUI and possession of marijuana under 20 grams both seem fairly routine.

In the DUI case the arrestee allegedly told Gainesville police that he had post traumatic stress disorder and was inhaling nitrous oxide to deal with his condition. The 45-year-old Tennessee resident was allegedly inhaling from a can of air spray that is used to blow dust off computer keyboards and it also contains nitrous oxide. While inhaling the spray he reportedly crashed into a parked car that was unoccupied at the time of the accident. Timothy Martin Shields was observed by an off-duty officer inhaling from the can, which Shields denied. He said he did not inhale any of the nitrous oxide until after he ran into the parked car. He was charged with DUI with property damage on top of inhaling a harmful chemical.

The other unrelated case involved two teenagers who were pulled over and police discovered less than 20 grams of marijuana in their possession. That is a misdemeanor but the pair was actually charged with two felonies. The reason is that the pair was traveling to Florida from Ohio and that led to a felony charge of transporting a controlled substance into the state and maintaining a drug vehicle. They also were charged with possession of drug paraphernalia and misdemeanor marijuana possession.

The two nineteen-year-olds were stopped for speeding. Officers asked for permission to search the vehicle but the two men denied that request. After a K9 officer arrived on the scene, the dog alerted police to the presence of drugs in the car. At that point a small amount of marijuana was discovered.

The DUI process is frustrating and complicated but obviously no excuse for an assault on an officer but that is exactly what happened during a St. Pete DUI investigation. The St. Petersburg Times is reporting that a 38-year-old woman is under arrest after turning violent in the midst of a drunk driving arrest.

Kimberly M. Hyde, a St. Petersburg resident, was pulled over Thursday morning. According to police reports Hyde was speeding and she also failed to stop at a red light. Officers reported smelling alcohol when they approached the car. She agreed to perform field sobriety tests and according to the officers she seemed impaired during those tests. At that point she was put in the back of a police cruiser.

Hyde was described as agitated by the article in the St. Pete Times as she sat in the police car. She then reportedly became combative when police tried to move her from one car to another. During the transition she kicked one of the officers two times. She then tried to grab another officer’s gun, which was holstered at the time. She kicked an officer a third time after she was restrained on the ground.

She has been charged with numerous crimes. The list of charges against Hyde include, battery on a law enforcement officer, attempting to deprive a law enforcement officer of his means of protection, DUI and resisting arrest with violence. She is still in jail at last report where she is being held on $15,650 bail. There were no further details provided in the story about the woman’s state of mind or actions after she was taken to jail.

Hillsborough County Sheriff’s announced on their website that there will be a Tampa DUI checkpoint conducted  from 12:00 a.m. to 7:00 a.m. tonight looking for drunk drivers in Temple Terrace. The Temple Terrace Police Department will have a Breath Alcohol Testing (BAT) Unit working with them in the parking lot of the Sweetbay grocery store located at 8837 N. 56^th Street.

The checkpoint is a part of the Hillsborough County sheriff’s department’s Operation 3D, which was instituted to raise awareness of drunk driving in Tampa and Hillsborough County. The DUI checkpoint is part of the plan to help the sheriff’s face the problems commonly linked to drinking and driving. Checkpoints are not the only plan of action in Operation 3D. The campaign also involves public service announcements, awareness materials and news releases.

The BAT Unit will provide technical support to the Temple Terrace Police Department. The personnel staffing the BAT Unit are usually specifically trained in breath testing and in using the Intoxilyzer 8000. This machine is designed to measure the alcohol content inside a suspected drunk driver’s lungs. The thought process behind this is that it is assumed the concentration of alcohol in the lung air is correlated with a person’s blood alcohol content (BAC). The results of the Intoxilyzer 8000, while used to make an arrest, are just a rough estimate of your BAC.

The level of presumed impairment in Florida is a 0.08. When fractions of a percentage are involved in these tests, it is questionable as to whether or not that breath test result can be counted on to definitively prove a person was driving while intoxicated. If you are arrested following a breath test it is important you have an experienced DUI lawyer evaluate the case against you. Our Tampa DUI attorneys offer a free consultation so you have nothing to lose by just talking to a lawyer and assessing your options.

A recent study referenced in the Sarasota Herald Tribune found people arrested in Sarasota County have a harder time being released from jail following an arrest compared to arrestees nationwide. According to Florida law judges are supposed to use the least restrictive conditions on an arrestee to make sure that person appears in court while balancing the safety of the community. According to the study, defendants in Sarasota usually have to post a commercial bond twice as often as the national average.

Following a Sarasota arrest, defendants are less likely to get out of jail on their own recognizance even when it comes to first-time offenders of those arrested for DUI. According to the study the reason for this is fear. The paper says that according to this study judges are scared of losing their spot on the bench if they release a defendant who goes on to commit another crime following his or her release.

Defense attorneys argue that the restricting a defendant’s ability to be released following an arrest can hurt the person’s employment and ability to provide for children and families without ever being convicted of a crime. The study cites a famous Sarasota case where a 12-year-old was abducted, raped and murdered by a man that was released following a crime in Sarasota but 12^th Circuit Chief Judge Lee Haworth who was quoted in Todd Ruger’s story said he didn’t believe that had anything to do with the statistics cited in the study.

U.S. Department of Justice statistics show that 40% of the time those who are released from jail before trial either have the charges against them dropped or they are acquitted.  The numbers from the Pretrial Justice Institute are even more eye opening. According to their figures 61% of Sarasota defendants post a pre-trial bond compared to 37% of defendants nationwide. Nationally 26% of defendants are released on their own recognizance compared to just 3% in Sarasota. Chief Judge Haworth was quoted in the article. He said judges receive background checks for every new inmate giving them accurate information to make those pretrial judgments.

According to a story on TBO.com, a brawl in Ybor City early Sunday morning led to seven arrests including a woman from Tampa charged with battery. The Tampa Tribune story does not mention what started the fight but it did include one interesting side note that a man who was watching the fight, but not part of the brawl, was arrested for slapping a police horse.

The brawl took place on Seventh Avenue and 18^th Street with the first arrest coming at approximately 2:30 a.m. The first person charged was a Massachusetts woman. The 30-year-old was charged with affray. Another Massachusetts woman was arrested on charges of battery, affray, disorderly conduct and resisting arrest without violence.

The fight, which seemed to be between the two women at the start, drew a crowd and eventually more people got involved and more arrests followed. Two Tampa men and another man from Winter Haven were charged with affray. An 18-year-old man from Port Charlotte was arrested for resisting an officer without violence while standing in the middle of the street. He allegedly refused to move when asked to do so by the police.

The oddest part of the whole story was the arrest of a 23-year-old Bradenton man. The Tampa Tribune is reporting Calvin Esaw was not part of the street fight but he slapped a police horse when mounted units arrived on the scene to help break-up the altercation.

The story did not report what type of battery was charged in the case but typically a simple battery charge could carry a Florida jail sentence of up to one year in county and up to a $1000 fine. If the battery is a felony jail sentences can start out at five years. The main distinction between a misdemeanor battery and a felony battery charge is the amount of harm inflicted on the victim.

Sarasota County Sheriff’s deputies needed three high speed chases to catch a man who had a Florida arrest warrant for a probation violation in connection with a domestic violence charge. Issa M. Alyan led police on three chases in a two-day span after they originally found the 54-year-old off a secluded road with a woman Friday night. Deputies asked for his driver’s license and while they were investigating Alyan took off leading police on a high-speed chase that was called off by a supervisor. An hour later the same thing happened again when Alyan’s Jeep was spotted once again.

Police were still in possession of the man’s ID so they ran his information and discovered he had a Florida arrest warrant in his name. At this point police found the man’s Jeep once again near Alyan’s home and once again he led sheriffs on a high-speed chase through the streets of Sarasota. He led deputies along Bee Ridge Road and State Road 72. He eventually drove into a gated community crashing through the mechanical gates that protect the entrance.

Alyan headed to the Heritage Oaks Country Club and drove through resident’s yards before being forced off the road. Once he was apprehended Alyan complained of chest pains and was taken to the hospital in Sarasota. A Sheriff’s deputy was injured as well and taken to the hospital. There were no details in the TBO.com story concerning how the deputy suffered his injuries.

On top of his arrest warrant for the violation of probation on the domestic violence charge, Alayn is now facing charges of aggravated battery on a law enforcement officer, two counts of aggravated assault on a law enforcement officer and three counts of fleeing and eluding.

A Tampa man facing criminal charges involving a murder and possible drug dealings has plead guilty to second degree murder and received a three year prison sentence. Alexis Rivera Nunez shot and killed Yoandy Cancio who he claims approached him holding a submachine gun according to TBO.com. Prosecutors contended that Nunez shot an unarmed man over stolen drugs.

The shooting took place in 2009 and prosecutors agreed to the plea deal this week. The judge in the case accepted the agreement and sentenced Nunez to three years in prison followed by a probation term of 15 years. Nunez could have been facing a prison sentence ranging from 25 years to life.

Prosecutors felt they needed to come to a plea agreement because their main witness was shot and killed. Julio De La Torre was sitting in his car in Seffner when he was shot and killed. A 23-year-old man named Isaiah Ridley has been charged with that killing. Remaining witnesses in the case had conflicting statements further hampering the case against Nunez.

Nunez’s criminal defense attorney was prepared to argue that the shooting was in self defense had he not accepted the second degree murder charges. Some of the witnesses in the case claim that Nunez believed Cancio stole drugs from him and that Nunez threatened to kill him. While police first reported that both men had guns one witness stated Cancio was unarmed and had his back to Nunez walking away when he was shot in the abdomen after turning back towards Nunez. Nunez’s attorney claimed that Cancio had a Tec-9 semi-automatic pistol with a 32-round clip at the time of the shooting.

According to the story on TBO.com the family of the victim was not in agreement with the three-year prison sentence. None of them showed up in court to her the guilty plea.

It is called Operation Summer Slam and the goal in Tampa today was to track down 600 people with warrants for their arrest for anything from failure to appear to traffic violations to felony warrants. The operation was a joint venture by three different law enforcement agencies and was executed today all over Tampa. The Hillsborough County Sheriffs, Temple Terrace Police and Tampa Police joined forces to make 40 arrests before noon.

According to TampaBay.com most of the warrants were for misdemeanors but there were also some felony warrants. According to one officer many of the warrants he was serving stemmed from traffic citations in Sulphur Springs.

The operation was deliberately planned right as county schools let out for summer break. Tampa Police say they often see a spike in criminal activity at this time of the year. The operation was meant to not only track down Tampa residents with outstanding warrants but to also send a strong message.

The problem the law enforcement agencies encountered with trying to serve the arrest warrants in Tampa was that many of the addresses that law enforcement had were no longer valid making it tough to track down the violators. The operation which is scheduled to run through Wednesday night at 11:00 p.m. is not the only area of enforcement that the agencies are ratcheting up. According to the story on-line there will also be increased enforcement of DUI and drug crimes most likely resulting in more drug possession charges and arrests for drunk driving.

There was no further information on the number of arrests made later in the day but with more than 30 hours still remaining, that number could easily top 100. The arrestees are being taken to a holding area at Copeland Park.

The probation violation that led to the arrest of the man known as the ‘Hyde Park Rapist’ should not hold up in court nor should his subsequent arrest according to Bobby Joe Helms’ Tampa Criminal Defense attorney. Helms’ lawyer told 10 Connects that his parole for 12 Tampa rapes and four other attempted rapes in the 1980’s expired in 2006 making the latest arrest of Helms that started as a stop for a probation violation invalid.

Helms has been in jail in Hillsborough County for almost a year. He was originally arrested following a traffic stop based on a tip he had a 17-year-old girl in his car. The arrest was based on the fact that Helms was told to stay away from the girl by his probation officer. His lawyer argued that even if Helms was still on probation there were no terms forbidding him to have contact with minors and that a probation officer cannot make up terms to add on to his probation.

If the defense attorney is right, then Helms should not be sitting in jail. According to the story on WTSP.com Helms had complied with the terms of his parole and never had committed a violation of his probation as reported by the Brevard County Sheriff’s. They had no reported problems with Helms up until last June. At that time there were reports of the 52-year-old having contact with area teenagers.

At the time of the traffic stop that led to his arrest, police did report finding Helms’ in possession of what may be illegal prescription drugs. Helms had a suspicious amount of painkillers and police suspect he may be involved in doctor shopping and prescription fraud. Authorities believe he was trying to illegally acquire Oxycodone and Xanax, which they say also violates the terms of his probation.

A man known as Pop Daddy led police on a high-speed chase from Tampa to St. Petersburg before being arrested on drug possession and fleeing and eluding charges. Artez Leon Hooker fled police on I-275 in Tampa in A BMW convertible driving so fast at times that the police helicopter tracking him couldn’t keep up with the car’s speed. Hooker was eventually found in St. Petersburg after abandoning his car.

According to police reports and a story on TampaBay.com, the chase began at 3:00 a.m. when Hooker was spotted running red lights on Tampa’s Armenia Avenue. Police then attempted to pull Hooker over in his 2004 BMW but he took off at speeds of 120 M.P.H. amid I-275 traffic. He eventually turned off his lights to avoid being caught, abandoned his car and hid in a staircase. The police helicopter was able to track Hooker and lead police on the ground to his location.

Hooker was arrested on felony fleeing and eluding charges and was then also hit with drug charges when police discovered marijuana in the backseat of the police car where Hooker was being held. Although he was not charged with DUI police noted in their arrest report that Hooker seemed to be under the influence of either drugs or alcohol.

Hooker has a long history of arrests according to TampaBay.com including charges of reckless driving, driving with a suspended license and cocaine possession. As a juvenile Hooker was arrested on numerous charges including robbery and also he was connected to the shooting of a man. Hooker allegedly shot a man three times after an altercation in which his bicycle was cut off.  He was found guilty of aggravated assault and sentenced to three years.

A teenage girl who violated her probation by driving a year after a judge imposed a DUI sentence that forbade her from doing so is at the center of a controversy surrounding what DUI penalties she should face for an accident that took the life of two people on New Years. The teenager has not been charged with the accident at this point and so far there has been no test results released showing she was intoxicated at the time of the crash. The Orlando Sentinel is reporting however that the driver, Toni Nieves, did admit to a social worker had alcohol that night.

The maximum sentence for her probation violation is 8 months and 29 days but at a pretrial hearing the Lake County judge in the case suggested a possible six-month jail sentence for the teenager. That sentence drew outrage from the Assistant State Attorney in the case and the families of the two dead occupants of the other car involved in the crash. Judge Donna Miller said a sentence that is three months less than the maximum, which Nieves has agreed to, is not a slap on the wrist and it will save the taxpayers countless dollars from prosecuting and calling witness to add the extra three months on to her sentence.

Investigators have not charged Nieves in the crash that took the lives of 22-year-old Brian Walker of Orlando and 18-year-old Bradley Summersil of Apopka. They have not revealed their findings in the investigation that is looking into whether Nieves or Summersil was drunk at the time of the accident and who was at fault for the fatal crash. The car Summersil was driving was struck from behind by the car Nieves was driving.

Neither the family of Summersil nor the prosecutor would agree to the six-month sentence, which led to an exchange between the judge and the parents that was described as heated. The judge brought up her own child who became a quadriplegic following an accident 13 years ago.

A Pinellas County arrest warrant has been issued for a 22-year-old man named Anthony Bernard Peterson. Peterson is accused of being involved in a fatal hit-and-run crash in August. According to TBO.com, Pinellas Park police believe that the 22-year-old in currently hiding out in St. Petersburg.

The arrest warrant in Pinellas stems from an August 24 car accident that left 60-year-old William Trotter dead. Trotter was allegedly hit by a Chrysler 300 that ran a red light. The collision took place just after 2:00 a.m. and Peterson has since been identified as the driver of the Chrysler. Following the accident with Trotter’s Camry, another Camry was hit by the Chrysler before the people inside the Chrysler left the scene of the accident on foot. One of the passengers in the car stayed behind following the fatal hit-and-run.

Police searched the abandoned Chrysler and found crack cocaine and marijuana. They also found an invitation to a birthday party at a strip club. The party was in honor of the passenger who stayed behind at the scene of the accident.

Police, acting on a tip, located Peterson at Manatee Memorial Hospital. He was there with a broken leg. During that interview Peterson allegedly admitted to being the driver of the car that struck Trotter’s Camry.  Peterson claimed he and his friends sped out of the Bottom’s Up club where the birthday party was held due to gunfire at the strip club.

There is no explanation as to why Peterson was not charged immediately after admitting to being the driver of the Chrysler considering the drugs found in the car, the fact he left the scene of the accident and that there was a fatality. Now Pinellas Park police are unable to locate him and are looking for the public’s help in arresting Peterson.

Two women in their 30’s on vacation from New Hampshire were strolling along a sidewalk in Treasure Island when out of nowhere a black Mercedes ran them down and then was seen leaving the scene of the accident. Luckily for police there were witnesses to the hit-and-run and they did more than just recant the story. According to the St. Petersburg Times George Strus and his wife witnessed the car accident, called 911, checked on the women who were run over and then went after the car that hit the pair.

Strus was not alone in trying to track down the driver involved in the hit-and-run, as an off-duty Chicago police officer joined the chase as well. The pair were instrumental in leading police to 69-year-old Alyn Lee Towne who has been charged with leaving the scene of an accident with injury and DUI with serious bodily injury.

According to police Towne showed signs of impairment like bloodshot, watery eyes and an inability to balance himself when he returned to the scene of the accident. He preformed field sobriety tests and was also given a breath test. Results were not released. Towne was released from Pinellas County jail where he was being held on $10,000 bail.

Both women were taken to the hospital and both were set to be released today despite being treated for a broken tailbone, an injured hip and ankle and a concussion.  Witnesses were shocked and relieved both women not only survived but were able to leave the hospital. Considering the car veered onto the sidewalk, it is lucky nobody was killed in what could have been a terrible drunk driving fatality if all the facts in the story prove to be true.

Clayton J. Harrison has been convicted twice for leaving the scene of an accident and he is now looking at a third hit-and-run charge following an accident in Clearwater that may result in DUI charges as well. The 49-year-old was arrested this week for his involvement in an accident on U.S. 19. Harrison is accused of driving the wrong way on the major road and causing an accident with injuries and then fleeing.

The St. Petersburg Times reports Harrison had a blood-alcohol level of 0.352 according to blood tests yet it is not clear in the article whether or not the man was charged with DUI on top of leaving the scene of an accident. This is not the first time Harrison has been in need of a criminal defense attorney in Pinellas County. In 2000 Harrison was convicted of DUI after being involved in another hit and run crash. He received one year probation following that charge. In 1987 he received six months probation following hit and run crash with injury.

At the scene of his most recent accident police report Harrison was barely able to stand. He was taken to a local hospital and that is where a blood sample was taken. He was cited for leaving the scene at that point as he tried to flee following the crash. Clearwater police report that Harrison hit three vehicles. The last truck he hit ended up with his car lodged and his engine revving to try and escape.

The accident took place March 18 but Harrison was not arrested until this week. Part of the reason according to Clearwater police was that they were waiting the results of the blood test. Harrison has been released from Pinellas County Jail on $5,500 bail.

According to reports and a story from the Naples News Daily, an investigation into Bullock was launched in February after a bathroom disturbance in a Naples mall. Officers questioned a boy found with Bullock and at that point the teen leveled the allegations against Bullock. Bullock’s Florida Criminal Defense Attorney told the paper that his client denied all the charges filed against him. 

Shirone Turner was found with stab wounds around his neck and back when deputies arrived on the scene around 10:30 p.m. Turner was airlifted to St. Pete’s Bayfront Medical Center and is expected to survive. Turner is 27-years-old and the teen accused of stabbing him, Stanley Jones, Jr., is 18-years-old. There is no mention on the amount of bail or bond set for his aggravated battery charges.

Police reports have Smith claiming he was swinging his club at the golf cart and not at the man sitting in the cart but investigators felt there was enough evidence to arrest the man on assault charges. The incident took place at Summerfield Golf Club in Martin County. There was no indication what type of club was used in the alleged crime.