Suarez, Rios & Weinberg, P.A.Criminal Defense & Personal Injury Attorneys | Serving Southwest Florida2024-03-08T21:05:46Zhttps://www.swfloridalawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1303301/2023/01/cropped-siteIconC-32x32.jpgOn Behalf of Suarez, Rios & Weinberg, P.A.https://www.swfloridalawfirm.com/?p=2569412024-03-08T21:05:46Z2024-03-08T21:05:46ZMultiple DUI offenses
If the state convicts you of multiple DUIs within a certain period, usually within 10 years, your third could be a felony. This means harsher penalties, like long sentences in jail and high fines.
DUI causing serious injury
If the police catch you driving under the influence and you injure someone in that physical state, the state will charge you with a felony DUI.
Most states take these charges seriously because they involve the lives of innocent people. If the state convicts you in a case like this, you could face serious jail time and suspension of your license.
DUI manslaughter
Now, this is one of the most serious DUI charges you can get. If you drink and drive, get into an accident and kill someone, or cause someone injuries that lead to their death, you could face charges that are like normal manslaughter.
These crimes carry severe penalties, and you could spend an exceptionally long time behind bars, plus significant fines, probation, community service and civil lawsuits, which could leave you penniless if you are guilty.
How to avoid a felony DUI
The simplest answer to how to avoid a felony DUI is to not drink and drive. Always make sure you have a designated driver, or if you know you will drink at an event and do not have a ride, get an Uber, or Lyft or other car service.
Felony DUIs are serious charges and if the state convicts you, your life could change drastically and forever. Before you get behind the wheel, make sure you understand what is at stake so you can make wise decisions. If you find yourself in this situation, do not speak with the police and get legal help immediately.]]>On Behalf of Suarez, Rios & Weinberg, P.A.https://www.swfloridalawfirm.com/?p=2569402024-03-08T00:39:35Z2024-03-08T00:39:35Z
Speak, but speak selectively: You don’t want to leave before checking if the other driver needs immediate medical help and exchanging contact information with them. It can also be helpful to take notes from anyone who may have witnessed the crash and offer your side of the story to a police officer. However, don’t admit fault, even if you are partially to blame.
Snap pictures: Collecting as much evidence as possible will benefit a compensation case. One of the easiest ways to do this is to take photos with your phone, documenting the scene, the damage to each vehicle and any visible injuries.
Signal for help: Public safety officials will be able to file an official report of the crash and help coordinate care for anyone critically injured. It’s also lawful to call for help in most Florida crashes.
Stay put: If you are mobile, moving your vehicle away from the traffic flow is best to prevent a chain-reaction crash and further protect yourself. But don’t travel too far away from the scene to the point where it may look like a hit-and-run took place.
The details that lead to each personal injury incident vary case-by-case. So, after getting a medical examination, no matter how minimal your injuries seem, it’s essential to consult an experienced personal injury attorney to know what to do after reaching safety.]]>On Behalf of Suarez, Rios & Weinberg, P.A.https://www.swfloridalawfirm.com/?p=2569382024-02-27T15:34:57Z2024-02-27T15:32:55ZTheft crimes
Two of the most common crimes in Florida and across the United States are theft and shoplifting. Theft happens when an individual takes something that does not belong to them without permission.
Shoplifting is a specific type of theft that involves taking items from a store without paying for them. Both theft and shoplifting are crimes that are, unfortunately, quite common in the Sunshine State.
Drug possession
Another common crime is drug possession. When a person has illegal drugs in their possession, even if they have a small quantity, they engage in criminal activity.
Florida has strict laws when it comes to drug possession, and the line between possession and distribution can be slippery, which is particularly dangerous given that distribution is a very serious offense.
Driving under the influence of alcohol or drugs
Driving under the influence (DUI) is another common crime in the Sunshine State. This happens when a person operates a vehicle while under the influence of alcohol or drugs.
It is important to note that it is not just being drunk or high. A person can be guilty of driving under the influence of prescription medications, for example, impairing their ability to drive, because this can lead to accidents, including injuries and death.
Penalties
Penalties for these crimes range from fines to time in jail. While the consequences depend on the specific crime and situation, it is critical to know that if you are at risk of committing these crimes or know someone who is, there is help available.
For example, certain people may be addicted to shoplifting, drugs, or alcohol, and it is ideal for them to seek treatment before they encounter any legal trouble due to the consequences associated with these convictions.
Whether you are dealing with one of these issues or crimes or know someone who is, it is essential to seek legal help as soon as possible so you can understand your rights and what is allowed and not allowed.]]>On Behalf of Suarez, Rios & Weinberg, P.A.https://www.swfloridalawfirm.com/?p=2569372024-02-08T01:50:24Z2024-02-09T01:48:59ZUnreasonable vehicle searches
Police officers cannot search a vehicle without consent from the driver or probable cause to believe they will find evidence of a crime. For example, an officer cannot search a car just because the driver committed a minor traffic violation. However, police often use minor violations as a pretext to fish for evidence of other crimes. These unreasonable searches violate the Fourth Amendment.
Entering private property
Police must have a warrant to enter private property and conduct searches, with some exceptions. For instance, officers can enter in hot pursuit of a fleeing suspect. However, they cannot enter property to look for evidence of a crime without probable cause and a warrant. Any evidence found during a warrantless search of private property could be inadmissible in court.
Prolonged detentions
Police officers cannot unreasonably prolong a detention after completing their investigation. For example, officers cannot extend a traffic stop just to bring in a drug-sniffing dog unless they have reasonable suspicion of criminal activity. Even delays as short as 30 minutes could qualify as a Fourth Amendment violation.
Understanding when a search crosses the line can help protect citizens' Fourth Amendment rights. If you believe police obtained evidence illegally, address your concerns with the court to pursue exclusion.]]>On Behalf of Suarez, Rios & Weinberg, P.A.https://www.swfloridalawfirm.com/?p=2569362024-02-01T21:56:58Z2024-02-01T21:56:58Z
Arrest
Charge
Court date
Possible conviction
Punishment
While this process still exists, in some cases, authorities offer people charged with drug crimes the opportunity to attend drug court instead of going to jail.
What are drug courts?
Drug courts help people who suffer from drug addiction. Courts understand that addiction is a significant nationwide problem and that science has proven that many factors can lead to addiction and that rehabilitation is often possible.
Some people who are charged with drug-related crimes can take part in Florida's special court programs, known as drug courts.
Drug courts typically restrict participation to a certain type of drug-related crime and do not include certain serious crimes.
The purpose of drug courts
Drug courts exist to stop the cycle of drug use and crime. Drug addiction can lead individuals to commit crimes in order to support their habit, resulting in their imprisonment.
Courts understand this vicious cycle and want to help by offering alternative solutions to certain individuals who want to face and fight their addictions, which is difficult, and go through a rehabilitation process instead of going to jail.
The idea is to address the root cause of the problem, hoping it will lower crime rates and help individuals who suffer from addiction break free from their struggle and have a second chance at life.
What are drug courts like?
People often wonder what happens in drug courts. Individuals who are lucky enough to have this opportunity to receive a variety of services tailored to their specific needs.
For example, besides the expected elements of supervision and drug testing, individuals have an opportunity to:
Attend therapy
Be part of a support group
Get treatment for substance abuse
Receive medical care
Enter a recovery community
Do community service
Find a job
During these programs, which typically last between 1 and 2 years, individuals must have regular check-ins with the judge, and they will order that the person be tested and held accountable to make sure they are staying clean and out of trouble.
The process is not nearly as easy as it sounds. While it is not jail, addressing substance abuse can be incredibly difficult, and it takes tremendous courage, willpower, and commitment to get through the program and meet all requirements for graduation.
What happens if a person fails drug court?
It depends on the type of offense or how they "failed" drug court. If they missed a court date, the consequences may differ from if they relapsed and went on a week-long drug binge.
The judge will consider the circumstances of the events that took place and decide whether the person can remain in drug court or if they should be punished in some other way.
Can anyone go to drug court?
No, not everyone is eligible for drug court, and not all charges are eligible. However, if you qualify, it can be a powerful way to address the underlying issues that led you to become an addict and change your life for the better.
If you think drug court sounds like something you or someone you know might want to consider, speak with an attorney who understands criminal courts in Florida, including drug charges and crimes, so they can explain to you how the process works and if the person interested qualifies.
Addiction does not have to be the end
People who suffer from addiction are truly suffering, even if they do not know it. Committing crimes just to keep up with their addiction is not something anyone in their right mind wants to do. However, addiction can change a person and make them do things they would not normally do.
It is important to understand that help is available. You are always worthy of compassion and understanding, and if you qualify, Florida drug court may be the pathway to a second chance at life.]]>On Behalf of Suarez, Rios & Weinberg, P.A.https://www.swfloridalawfirm.com/?p=2569352023-12-19T19:37:05Z2023-12-19T19:37:05Z1. Lingering physical ailments
The immediate aftermath of a slip-and-fall might involve aches and pains, but the aftermath can stretch into the future. Sprained ankles, fractured bones, and other injuries may persist, leading to chronic discomfort. These enduring physical ailments can curtail mobility, making everyday tasks challenging and altering one's overall quality of life.
2. Psychological impact
Beyond the visible injuries lies the potential for lasting psychological effects. A slip-and-fall incident can trigger anxiety and fear, especially in environments where the accident occurred. Individuals may become hyper-vigilant, anticipating another fall, which can result in emotional distress. The mental toll of such accidents can extend to a heightened sense of vulnerability, impacting a person's confidence in navigating the world around them.
3. Financial strain
The financial repercussions of a slip-and-fall accident can be far-reaching. Medical bills, rehabilitation costs and ongoing treatment expenses can accumulate rapidly. Moreover, if the injuries sustained hinder the ability to work, loss of income may become a persistent concern. Long-term financial strain can lead to lifestyle adjustments and increased stress. This affects not only the injured individual but also their family.
4. Impact on daily activities
Engaging in routine activities may become an arduous task following a slip-and-fall accident. Simple actions like climbing stairs, walking on uneven surfaces or even getting in and out of a car can pose challenges. These disruptions to daily life can lead to a diminished sense of independence.
Of the 25.5 million visits to emergency rooms in 2021, falls accounted for 24.2% of them. While the initial incident may seem minor, some slip-and-fall accidents can make an impact for a lifetime.]]>On Behalf of Suarez, Rios & Weinberg, P.A.https://www.swfloridalawfirm.com/?p=2569342023-12-07T21:27:59Z2023-12-11T21:27:05ZAll theft crimes are not the same
Public perception often places all theft-related crimes in the same category with the same perception of violence and wrongdoing. The truth is that the nuances of these crimes are significant. Robbery requires the use or threat of force while burglary simply requires unlawful entry with the intent to commit a crime. Those differences represent important legal distinctions.
Intent is not always clear
Establishing criminal intent in a theft case is not always as easy as you might think. Before you plead guilty out of concern that the prosecutor can easily show intent, remember that they must prove that you deliberately intended to commit the crime. Some situations make that difficult to discern.
Theft involves more than stolen items
You might think that theft charges address taking specific items. Theft can encompass identity theft, fraud and embezzlement as well. Theft crimes include a broad spectrum of actions beyond simply taking property.
Larceny-theft accounted for 73.4% of property crimes in 2019 according to the FBI. Learning the truth about common theft crime misconceptions will help you better understand the situation and any charges you might face. Building a sound defense against theft charges starts with dispelling these myths so that you know the facts before you fight the charge.]]>On Behalf of Suarez, Rios & Weinberg, P.A.https://www.swfloridalawfirm.com/?p=2569192023-11-27T02:12:57Z2023-11-21T01:35:07ZEmployment opportunities
Although burglary offenses decreased in 2021 to 44,207 in the State of Florida, those convicted of these crimes may find it difficult to secure gainful employment after they complete their punishments. Many employers conduct background checks. A criminal history can lead to immediate disqualification from job opportunities. This limitation spans across various industry sectors. These individuals may find their career growth and financial stability hindered.
Educational pursuits
Those with a burglary conviction may have difficulty pursuing higher education. Many educational institutions conduct background checks during the admissions process. Colleges and universities may deny admission. They may also find it difficult to find scholarships and qualify for financial aid.
Housing challenges
Landlords often study prospective tenants' backgrounds. Therefore, a criminal record can lead to limited housing options. This can force individuals into poor living situations. This situation makes rehabilitation more difficult.
Social stigma
A burglary conviction can impact one’s social life. Friends, family and acquaintances may treat the individual differently. They place a stigma on a criminal record. These individuals can feel isolated, impacting their mental well-being. They need to rebuild trust, which can be difficult.
Financial strain
Fines, restitution and legal fees can lead to significant financial strain. In addition, the limited employment opportunities available to individuals with a burglary conviction may result in economic hardship. These individuals may find it challenging to meet their basic needs and sustain a reasonable quality of life.
The consequences of a burglary conviction are far-reaching and extend well into the future. Understanding these consequences can lead to better decision-making.]]>On Behalf of Suarez, Rios & Weinberg, P.A.https://www.swfloridalawfirm.com/?p=2569182023-11-27T02:13:05Z2023-10-16T19:16:25Z1. Preserving evidence
Posting on social media can inadvertently provide the prosecution with potential evidence. They may take seemingly innocuous comments or images out of context and use them against you in court.
2. Public perception
Engaging in social media while facing criminal charges can negatively impact public perception. When your case is under scrutiny, people may scrutinize your online presence. Any perceived lack of remorse or inappropriate behavior can have adverse effects on how others view you. Maintaining a low profile can be instrumental in avoiding unnecessary scrutiny and judgment.
3. Legal ramifications
Sharing sensitive information about your case or legal proceedings on social media can lead to severe legal consequences. Violating court-issued gag orders or discussing confidential information can result in additional charges or penalties.
4. Online harassment and intimidation
Social media can be a breeding ground for harassment, threats and intimidation. If your case has attracted public attention, you may become a target for individuals with their own agendas. Engaging with such individuals can exacerbate the situation and potentially harm your defense.
5. Emotional toll
The stress and emotional turmoil that often accompany criminal charges can lead to impulsive or regrettable online interactions. Managing your emotional well-being and seeking support offline is important to navigate this challenging phase successfully.
While Florida law enforcement arrested 543,138 people in 2021, every case is different. Focusing on preserving your privacy may help bolster your defense.]]>On Behalf of Suarez, Rios & Weinberg, P.A.https://www.swfloridalawfirm.com/?p=2569172023-11-27T02:13:09Z2023-10-10T18:05:48ZAbout the Fourth Amendment
At its core, the Fourth Amendment stipulates that people have the right to be secure and expect privacy in their person and property. It guarantees the right to this security against searches and seizures the government may conduct without having reasonable cause. Reasonable cause requires having a warrant or probable cause.
The right against illegal search and seizure extends beyond the physical realm. It also protects digital privacy. In the modern age of technology, smartphones, computers and other electronic devices contain a wealth of personal information. The Fourth Amendment ensures that the government must adhere to the same rules when seeking access to this digital data.
Search warrants
The search warrant requirement for law enforcement officers requires obtaining this document from a neutral judge or magistrate before conducting a search. This document must specify the search location and the items or evidence law enforcement wishes to seize. The warrant requirement acts as a safeguard against arbitrary or baseless searches.
Probable cause
The exception to the search warrant rule occurs when law enforcement has probable cause to believe a person committed a crime or if there are exigent circumstances, such as the risk of someone destroying evidence. The exception of probable cause helps to ensure that law enforcement can effectively carry out their duties while respecting individuals' rights.
Exclusionary rule
The exclusionary rule is a significant consequence of violations of the Fourth Amendment. If law enforcement obtains evidence through an illegal search or seizure, the court may deem it inadmissible. This rule serves as a strong deterrent against unlawful actions by law enforcement.
The right against illegal search and seizure is a cornerstone of American constitutional law. It protects our privacy and ensures this fundamental right stands as a safeguard against overreach and abuse of power.]]>