When do I have a right to an attorney?
You have a right to an attorney when you are not free to leave the presence of a police officer and the officer is questioning you. If you ask for an attorney, the officer must stop questioning you and allow you to call your attorney. Usually, the police will be forced to stop asking you questions because anything they ask you from this point forward will be inadmissible unless you have an attorney.
Once you have been arrested, you have a right to an attorney if the prosecution is seeking jail time. The court will inquire as to your financial resources, your ability to pay, and will provide you with a Public Defender (a state paid attorney) if you qualify.
How much do you charge?
The cost varies depending on the charges you are facing and the complexity of the case. The firm accepts all major credit cards and is willing to work with you to create a payment plan that you can afford.
When is my license suspended if I get a DUI?
Your license is suspended immediately when you are arrested for a driving under the influence of drugs or alcohol(a DUI). However, you have 10 days to request a formal review hearing in which Department of Highway Safety and Motor Vehicles (DHSMV) hearing officer will hear the facts of your case and will determine whether or not to uphold your driver's license suspension.
For the first 10 days after your arrest for DUI your criminal DUI citation/ticket will act as your temporary restricted driver's license. After those 10 days, if you properly request a formal review hearing, they will give you an extended temporary restricted driver's permit which allows you to drive until your case is heard by the DHSMV. It is important to hire an attorney quickly after being arrested for a DUI. Time is of the essence when trying to fight the suspensions that follow a DUI arrest.
If you took the breathalyzer and blew a .08 or higher, your driver's license will be suspended for a period of 6 months. If you refused to provide a breath, blood or urine test, your driver's license will be suspended for 12 months, and if this is your second time refusing any such test your license will be suspended for 18 months.
Call Jared Dokovna now so that he can protect your license and your ability to drive while you fight your case.
When can the police arrest you without a warrant? In Florida, a police officer can make an arrest without a warrant under certain circumstances:
1. If an officer knows that a warrant for your arrest exists then he/she does not need to have a copy of the warrant in possession. A mere indication on the police computer of an outstanding warrant is enough for an officer to make an arrest.
2. If an officer has probable cause that a felony is being committed or has just been committed and that you are the person who has committed or is committing the felony;
3. If a misdemeanor is committed in the presence of the officer and you are the person committing the misdemeanor;
4. In certain misdemeanor cases there is no presence requirement. Pursuant to Fla. Stat. 901.15 an officer can arrest someone without a warrant for:
Violation of a domestic violence injunction
Act of domestic violence
Child abuse
Battery
Repeat violence
Retail or farm theft
Traffic offense or driver's license offense
Cruelty to animals
Possession of marijuana
Carrying a concealed weapon
Loitering and prowling
Trespassing on school property
Theft from a hotel or restaurant
Offense related to a boating accident
What is an arrest?
An arrest occurs when you are not free to leave the presence of an officer. An officer does not have to read the Miranda warning in order to arrest you. He or she simply needs to detain you and restrain your liberty.
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