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DUI FAQ – What You Need to Know about Florida Law

1. What warrants being stopped for driving under the influence?

Usually, any kind of erratic driving behavior will raise an officer’s suspicions. Things like swerving, weaving, driving unusually slow or very fast, excessive stops, and ignoring traffic signs indicate that someone is driving under the influence

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Gun Trafficking Means Federal Prison for New Jersey Man

Being chased by the law is no picnic; Luis Velazquez-Pinero found that out the hard way. He was sentenced to over two years in prison, 38 months to be exact. The man that was 39 years of age was from New Jersey and was sent to federal penitentiary for gun trafficking. Luis had been caught with a van that was filled to the top with guns. The incident took place a year ago; he was stopped in Jacksonville, Florida while on the way to Puerto Rico said the U.S. Attorney’s office.

On January 12th, Luis Velazquez-Pinero had put in the guilty plea; this plea was for trafficking firearms and had then made a false testimonial to the federal agency. The court judge that had sentenced him was, U.S. District Judge Gregory A. Presnell.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives had pulled a van over, in the month of May 2011. They had said that there were 64 guns in the back that were ready to be shipped out to Puerto Rico. The documents that were associated with the guns were tracked back to Luis. They had his telephone number and found his address that way.

After this incident, six months later, the agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives had discovered a bag that was full of firearm parts. This was at the Orlando International Airport; apparently Velazquez-Pinero tried to bring this bag onto the flight to Puerto Rico.

The agents of this bureau say they saw a guns dealer, who was unlicensed, sell 22 guns to Luis. He had put them in the back of his car in July 2011, and then drove off. After the agents let him leave, he was stopped, the agents then proceeded to search his car. This search had led to the revelation of 21 different pistols and an AK-47 style rifle. These ended up being the guns he had recently purchased.

This gun purchaser from New Jersey had gone down to Florida just to buy these illegal guns. He had then resold them to people. All of this was done without a firearms license from the federal government. The investigators of this case had said that Luis Velazquez-Pinero had bought close to 200 guns and tried to sell them this way.

Criminal Defense FAQ – What you need to know about FL Law

If you have been arrested for a crime or a DUI in Florida, you undoubtedly have questions about what will happen next. Here are answers to some of the more frequently asked questions that pertain to criminal or DUI arrest.

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What you need to know about Florida’s DUI Penalities

If you drink a drive, it is scientifically proven that you dramatically increase your chances of being in a car crash. Each time you enter your vehicle, you should be aware of the potential consequences that face you if you are pulled over and arrested for driving under the influence.

Because of Florida’s “Implied Consent Law,” any motorist who has signed his or her driver’s license (essentially, this means everybody with a driver’s license) has already consented to submitting to a blood, urine, or breathalyzer test and is required to comply with the officer’s request. This means that if you refuse to submit to a roadside breathalyzer test, blood test, or urine analysis test, this refusal will result in your license being suspended for one year. A second refusal results in a suspension of 18 months. Moreover, a drunk driving arrest can have extreme consequences on your life and your overall reputation in the community. Florida Law requires any person found to have committed the crime of DUI to be adjudicated guilty, meaning that your record can never be expunged of the offense. Therefore, your record cannot ever be sealed and your DUI will be public information. In addition to the damage to your record, first-time DUI offenders face a minimum of six months with a suspended license, as well as a fine ranging from a minimum of $500 to a maximum of $1,000. Also, there is a mandatory monthly probationary requirement for a period of up to one year in addition to at least 50 hours of community service. Second-time offenders and further convictions face even stricter penalties with higher fines and stricter consequences. Third-time offenders and subsequent offenses can be treated by the court as third degree felonies, which are punishable by up to five years in prison.

Per MADD’s (Mothers Against Drunk Driving) most recent statistics, Florida had 660 DUI-related fatalities in 2011. This equates to approximately 27% of total traffic deaths last year. With over 108,000 three-time offenders and over 13,000 five-time offenders, an average drunk driver has driven drunk 80 times before their first arrest. Per MADD, one in three people will be involved in an alcohol-related crash in their lifetime.

On any DUI arrest, a judge can levy additional penalties to the driver depending on the severity of the driver’s blood alcohol content at the time of arrest. Don’t become a statistic. Be aware of the consequences that come with a DUI arrest and don’t drive when you’re impaired. If you’ve been arrested for DUI and are searching for a Jacksonville drunk driving lawyer/attorney or criminal defense lawyer/attorney, contact Casey Bryant, P.A. of Jax Defense.

Criminal Defense EXPLAINED

It may sound cliché, but the old adage “everyone makes mistakes” rings true in many instances. A criminal conviction can and will have life altering consequences to an individual. If you’re in need of experienced Jacksonville criminal lawyers, contact Casey Bryant, P.A. of Jax Defense to make sure that you have someone willing to fight for your rights. Our firm has the necessary trial experience and knowledge to aggressively defend against your conviction.

An arrest and conviction for a criminal charge can be a tremendous blow to your name and your reputation. However, just because you are convicted of a crime does not mean that you case is over. At Jax Defense, we promise to work diligently with you on the details and evaluation of your case, exploring all possible options in order to attempt to reverse your conviction. Although an appeal doesn’t allow the introduction of new evidence, it does allow for arguments based upon prior happenings and submitted evidence that the court has relied upon to make its prior conviction. You owe it to yourself to make sure you explore all of your options to fight against your conviction and protect your reputation.

At Jax Defense, we believe that an aggressive criminal defense attorney can put the law to work to protect your innocence and your rights. We promise to move quickly and decisively in your defense to provide you with the best opportunity to defend your name. If you’re in search of criminal lawyers in Jacksonville, Florida, contact Casey Bryant, P.A. of Jax Defense today for a free consultation and evaluation of your specific case.

Finding a Drunk Driving Lawyer in Jacksonville

If you’ve been arrested for drunk driving, it does not have to mean the end of your reputation. If you’ve been arrested for DUI or DWI, it is vital to contact an experienced defense attorney who has the ability, experience, and knowledge base to fight for your rights. Don’t face the defense of your DUI conviction alone and risk making uneducated decisions. If you’re in search of a trial tested drunk driving lawyer in Jacksonville, Florida, then don’t hesitate to contact the lawyers of Jax Defense today.

A drunk driving arrest can have extreme consequences on your life and your overall reputation in the community. Florida Law requires any person found to have committed the crime of DUI to be adjudicated guilty. This means that your record can never be expunged of the offense and will have a permanent black mark because your record cannot ever be sealed. In addition to the damage to your record, first-time DUI offenders face a minimum of six months with a suspended license, as well as a fine ranging from a minimum of $500 to a maximum of $1,000. Conviction also comes with a mandatory monthly probationary requirement for a period of up to one year in addition to at least 50 hours of community service. Second-time offenders and further convictions face even stricter penalties with higher fines and stricter consequences.

At Jax Defense, we realize that being arrested for drunk driving can be an extremely scary thing to face because it is a serious crime with severe penalties. People make mistakes. Make sure you’re taking the proper precautions to defend your rights and fight conviction. Contact our drunk driving lawyers in Jacksonville, Florida today for a free consultation to discuss your options and evaluate your specific case.

Jacksonville Mother Accused of Selling Child for Drugs

Jacksonville mother accused of selling sex with her 6-year-old daughter in exchange for drugs and money.
Dalina J. Nichols, 35, is being held on child neglect charges after a tip about sexual abuse on her child was reported to the police. The tip came to the police in January and Nicholas was extradited for Muscogee County, Georgia to Jacksonville, Florida. In addition to Nichols’ charges, the police also charged two men with capital sexual battery and one other suspect is being sought as well.
The tip from January came from a homeless man who flagged down a passing office and told him what had been going on in the home. The man had been to the home prior for drugs and gave the police the information about the sexual abuse said Sergeant Mark Evans, the lead detective for the case.
Police started an investigation upon hearing the tip which ultimately led to the warrant for Nichols arrest. During an interview with the daughter, she told the police the details of the sexual attacks by three men. By the time the police were set to arrest Nichols, she fled the area.
Nichols lived in Jacksonville Beach where she supported herself and her drug habit by selling her daughter for various sexual acts. Witnesses and neighbors told police that drug were frequent in the home and many different men were seen coming in and out of the house at all hours of night.

With a suspect still at large, it’s too soon to tell what will happen with the investigation and case. However, those close to the case find it difficult to get past the horrific nature of the situation.

“I can’t think of an adjective that’s bad enough to describe [the allegations],” Jacksonville Beach Police Chief Bruce Thomason said. “Anyone who would harm a child is just beneath contempt.”

Ohio School Shooting Takes the Lives of Three

17 year old takes the lives of three of his classmates in a school shooting.

Monday, February 27 a shooting took place at Chardon High School, 30 miles east of Cleveland, Ohio.

7:30 am, T.J. Lane walked into the cafeteria and up to a group of boys. There were 5 victims in all – 3 of the 5 have been declared dead. Lane was two feet away from the group when he fired the shots, the Cafeteria went into chaos. As soon as the first shots were fired, almost all of the 100 students in the Cafeteria fled. T.J. Lane was chased from the building by a teacher and arrested about a half mile away from the school.

The victims of the shooting had been waiting for a bus; they attended a school in Auburn called Lake Academy. T.J Lane went to school there as well.

Story Unfolds on Facebook

After news of the shooting broke out, media outlets and journalists scrambled to find more information about the alleged shooter and found something even more disturbing. It has also been reported that the night before the incident, Lane posted on his Twitter, that he would be bringing a gun to school the next day. No one took his threat seriously.

A poem written by TJ Lane that was posted on his Facebook page. The poem read: “”He was better than the rest, all those ones he detests, within their castles, so vain. Selfish and conceited. They couldn’t care less about the peasents [sic] they mistreated.”

“The world is a sandbox for all the wretched sinners,” the post continues.”They simply create what they want and make themselves the winners. But the true winner, he has nothing at all. Enduring the pain of waiting for that castle to fall. Through his good deeds, the rats and the fleas. He will have for what he pleads, through the eradication of disease. So, to the castle he proceeds, like an ominous breeze through the trees.”

“I’m on the lamb but I ain’t no sheep,” the post ends. “I am Death. And you have always been the sod. … Now! Feel death, not just mocking you. Not just stalking you but inside of you. Wriggle and writhe. Feel smaller beneath my might. Seizure in the Pestilence that is my scythe.”

“Die, all of you.”

T.J. Lane, a 17 year old junior, was known as a quiet but nice guy. He lives with his grandparents and known to have been friends with the victims. Students were in shock that he would do something like this. It is rumored that T.J. Lane had been bullied in the past.

Probation Violations

An individual can be put on probation for a violation of the law that is either a misdemeanor or felony. When put on probation an order of probation is entered and this document outlines what are the requirements of probation. All probationers must abide by the general conditions of probation, these typically include: report to the probation office as directed, pay the cost of supervision, not change residence or employment without notice to probation officer, do not own or possess firearm, live without violating the law, do not associate with others involved in criminal activity, do not use or possess intoxicants, hold or seek employment, comply with all orders of court and probation officer, pay restitution and court costs, and submit to random drug tests.

In addition, a court may impose special conditions. A special condition is a condition that is unique to the probationer’s case. They may include; community service hours, AA or NA meetings, rehab, counseling, a letter of apology, curfew, and/or fines.

To violate a condition of probation, the condition must exist in the order of probation. A skilled criminal defense attorney must review the order of probation and analyze; whether the condition exists, whether the condition is lawful and whether a willful and substantial violation of probation has occurred. If a probationer admits or is found by a preponderance of the evidence to have violated probation, a judge may revoke the probation and sentence the offender to the maximum penalty minus credit for any time already served.

At the Law Office of Casey Bryant we have handled probation violations on both misdemeanor and felony cases throughout the North Floirda area. We have the experience to present evidence for reinstatement and fight against the violation, whether it is a failed drug test, a new law violation, or a failure to pay, contact our office now and let our experienced criminal defense attorneys fight for you. We offer a free consultation and payment plans are available.

Man Charged with Sexual Battery Against Girlfriend’s Daughters

According to the St. Augustine Police Department, a 39-year old St. Augustine man has been arrested on a charge of capital sexual battery after a 12-year-old girl reported that she had been sexually abused.

Robert Lee Skipper has been booked in the St. John’s County jail after the 12-year-old girl’s stephmother told them on Friday that her stepdaughter was being sexually abused by the birth mother’s boyfriend for the past 7 months.

According to the police, the young girl didn’t come forward sooner because Skipper threatened her life if she told anyone. In addition to the young girl’s confession, she also told her stepmother that her 20-year-old sister was also being sexually abused by the same man.

Police obtained a search warrant for the home and seized clothing and bed sheets as evidence to the abuse.

“Because of the age of the child it is considered a capital sexual battery,” St. Augustine Police spokesman Mark Samson said Tuesday morning.

If convicted of the charge, he could face life in prison.

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