Legal Perspectives from Florida

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...

Rough draft When facing a criminal charge, one of the most critical decisions you'll have to make is whether to accept a plea deal or proceed to trial. Entering a plea means giving up certain constitutional rights, such as the right to a trial, the right to testify, the right to call witnesses, and the presumption of innocence.  In this blog post, we will discuss the essential steps to evaluate your DUI case to make an informed decision about entering a plea.  Step 1 Assessing the Legality of the Traffic Stop: It's crucial to determine whether the police had a valid reason to pull you over, such as a traffic violation or reasonable suspicion of criminal activity. If the traffic stop was not legal, the evidence gathered during the stop may be deemed inadmissible in court. Step 2 Examining Fourth Amendment Violations: Your attorney will evaluate whether the police conducted any unreasonable searches or seizures during the traffic stop, potentially infringing upon your Fourth Ame...

In a shocking turn of events that seems to have been lifted straight from a TV crime drama, a now-former Nassau County Sheriff's Office sergeant is facing a federal drug charge. James Darrell Hickox, who once served as a Drug Enforcement Administration (DEA) Task Force Officer, has been accused of possessing and intending to distribute controlled substances, including cocaine, MDMA, and fentanyl. In this blog post, we'll discuss the irony of Hickox's situation, the impact of such incidents on the public's trust in law enforcement, and how this case is particularly significant considering Jacksonville's status as a High-Intensity Drug Trafficking Area (HIDTA) and its strategic location at the crossroads of two major highways. We also ask the question: how is it possible that Hickox's fellow officers didn't notice anything amiss? The Allegations: According to the U.S. Attorney's Office, Hickox, 37, is charged with possession with intent to distribute cont...

Being arrested for driving under the influence (DUI) is a serious matter, and hiring an experienced DUI attorney is crucial to protect your rights and navigate the legal system. However, finding the right attorney can be a daunting task, especially if you've never worked with a lawyer before. In this blog post, we'll provide you with some tips on how to find an attorney for a DUI arrest. Expertise Matters: Why Hiring an Experienced DUI Attorney is Crucial One of the most important factors to consider when choosing a DUI attorney is their experience and expertise in handling DUI cases. Look for an attorney who specializes in DUI defense and has a proven track record of success. You can check an attorney's website, reviews, and testimonials to gauge their experience and expertise. You can also check their credentials and make sure they have the necessary licenses and certifications to practice law in your state. Using Online Resources to Find the Best DUI Attorney for Your C...

     HB543, also known as the "A bill related to the concealed carry of weapons and firearms.", is a topic of heated debate throughout Florida. If passed, the law would allow law-abiding citizens to carry concealed weapons without needing a state issued concealed carry permit, as long as they are legally able to possess a firearm. Flagler County Sheriff Rick Staly has voiced his suppor t for the bill, arguing that it is time to give citizens the freedom to exercise their Constitutional right to bear arms without the burden of obtaining a permit.       Sheriff Staly , who is also a life member of the NRA, points out that criminals don't follow the law and don't receive any training or permits before carrying weapons. He questions why law-abiding citizens should have to go through the process of obtaining a permit to protect themselves against criminals or to exercise their Constitutional right. Sheriff Staly further emphasizes that the current training...