Legal Perspectives from Florida

The criminal justice system can be complex, and it is crucial to understand the distinctions between being adjudicated guilty (convicted) and having adjudication withheld. Moreover, it's essential to be aware of the options available for sealing or expunging criminal records. In this blog post, we will explore the fundamentals of criminal convictions, discuss the differences between adjudication and withholding of adjudication, and delve into the options for sealing and expunging criminal records. Criminal Convictions: An Overview A criminal conviction occurs when a court of law finds a person guilty of a crime. This can happen through a guilty plea, a trial by jury, or a trial by a judge (also known as a bench trial). However, it is essential to note that entering a plea does not always result in a conviction. The judge may decide to withhold adjudication, which means the defendant is not formally convicted. Convictions carry legal consequences, such as fines, imprisonment, probat

If you've recently been charged with resisting without violence in Florida, understanding the nature of this charge, the potential penalties, and relevant case law is crucial. In this blog post, we'll provide key information to help you navigate this complex situation. While it's important to be well-informed, seeking the assistance of an experienced criminal defense attorney, such as Jeff Lotter, can significantly improve your chances of achieving a favorable outcome. Understanding the Charge: Resisting without violence, as outlined in Florida Statute § 843.02, is a criminal offense that involves resisting, obstructing, or opposing a law enforcement officer or other authorized individuals without using or threatening violence while they are carrying out their legal duties. This offense is classified as a first-degree misdemeanor in Florida. Relevant Case Law: Several Florida cases have addressed the issue of resisting without violence, providing insight into how courts int

If you've ever been pulled over by a police officer in Florida, you may have been asked to perform a series of roadside sobriety tests. These tests are designed to determine whether you are impaired by drugs or alcohol, and can include tasks such as walking in a straight line or standing on one leg. It's important to note that a police officer must have a reasonable suspicion of DUI before asking a driver to perform roadside sobriety tests. In the case of State v. Kiper, the Fifth District Court of Appeal held that these tests are more intrusive than other types of traffic stops and officers cannot simply use them as a fishing expedition to look for evidence of impairment. While roadside sobriety tests are commonly used by law enforcement, there are some important things you should know if you are asked to perform them. In this blog post, we'll provide an overview of roadside sobriety tests in Florida, explain why you might want to refuse them, and discuss your legal rights

Facing a misdemeanor charge in Florida can be a confusing and daunting experience. This blog post aims to provide an overview of plea deals in misdemeanor cases, the constitutional rights you may waive, and the maximum penalties for 1st and 2nd-degree misdemeanors. It's crucial to understand these aspects when navigating the legal process in Florida. For further assistance or guidance, you may consider reaching out to a legal professional like the Law Office of Jeff Lotter, PLLC. Download an Orange County Florida Misdemeanor Plea Form Plea Deals in Orange County Misdemeanor Cases: A plea deal is an agreement between the defendant and the prosecution, wherein the defendant pleads guilty or no contest in exchange for a more lenient sentence or reduced charges. Plea deals can be advantageous in certain situations as they may lead to a more favorable outcome than going to trial. It's essential to weigh the benefits and drawbacks of a plea deal before making a decision. Waiving Cons

Introduction: When it comes to driving on a suspended license, the legal landscape can be complex and confusing. There are two types of consequences associated with this offense: criminal offenses and civil infractions. Furthermore, recent legislative changes have increased the sanctions for multiple offenses of driving on a suspended license with knowledge, including mandatory jail time for prior offenses. In this blog post, we will explore the differences between criminal offenses and civil infractions for driving on a suspended license, the enhanced penalties resulting from legislative changes, and the importance of getting your license reinstated. Criminal Offenses vs. Civil Infractions for Driving on a Suspended License Criminal Offenses A criminal offense for driving on a suspended license occurs when you knowingly operate a vehicle while your license is suspended or revoked. This offense is typically considered a misdemeanor and can result in fines, probation, and even jail time

When you see a personalized license plate, it often tells a unique story. For some, it may represent a hobby or interest, while for others, it may symbolize an important moment or achievement. In my case, my newly assigned Florida specialty plate, "US Paratrooper," with the text "All Ok," captures a pivotal moment in my life when I discovered that, despite fear, I could still operate and courageously move forward towards danger during my time at airborne school. The Significance of "All Ok" The seemingly simple phrase "All Ok" carries immense weight and significance for those who have undergone airborne training in the US Army. As the first person to exit the aircraft upon receiving a green light, the person in the door position must give the final ok to the jumpmaster, essentially signaling that they and everyone behind them are ready to make the leap. Over the roaring winds and the hum of the engines, the paratrooper yells, "All Ok, Jumpma