In addition, an attorney may be able to persuade the Court to allow you to take a driving school option even though you are ineligible by statute either due to a recent driving school election or because the maximum school allowance has been surpassed. NOTE: This option does not guarantee that no points will be assessed or that you won't required to attend a driving school. After a hearing, a court can require a driver to pay a fine up to $500 ($1,000 in some accident cases), attend a driving school, assess points, and suspend your license.
A: Evidence is everything. The issue is not whether a person drank and drove, but whether they were impaired while behind the wheel. Sometimes a police video will show that people were not impaired. Other times the equipment used to test the breath sample was not maintained properly. Other times the notes taken by the arresting officer leave room for doubt as to whether a driver was impaired. While only a second degree misdemeanor, DUI's may lead to jail or to long periods of probation.
A: A battery is intentional touching of another person against their will. However, when the touching is accidental or an act of self defense a person should not be found guilty. A reasonable amount of force may be used to defend property. Of course, whether a contact was accidental or justifiable is a determination made by the jury. It is important to be represented by an attorney with trial experience--one who knows how to choose a jury, argue the facts persuasively to a jury, and when to avoid trial by seeking a plea.
A: Even a third degree felony charge can have a huge impact on a person's life. Not every lawyer has argued the facts of a robbery case or grand theft in a trial setting. Because felonies are punishable by years in prison, the ability to negotiate with prosecutors is very important. However, just as important is the ability and willingness to go to trial to defend the innocent. Sometimes people are guilty of a lesser crime, but are inappropriately charged with a felony. Negotiation and the threat of trial may lead to a reduced charge or penalty. The right to a trial and the willingness to go to trial are the most important weapons that defendants have in the criminal justice system. At Morgan Law LLC we are ready and able to take cases to trial.
A: To put it simply, the State of Florida does not have the time, money, or personnel to prosecute every case by going to trial. Therefore, merely suggesting that you may go to trial to fight the charge puts a defendant in a better bargaining position. The decision should be made based on the evidence against you and should only be made after an round of initial plea negotiations to sound out the prosecution's confidence in their case. It is a cost vs. benefit decision that should be made after consulting with an attorney, reviewing the evidence, and considering the possible penalties.
A: Different charges carry different fees. In addition to the negotiated attorney fee, there may be court costs and fines. For example, a plea to a first time DUI involves a fine of $250. There may be fees for classes that are imposed as part of a plea settlement, such as anger management, or advanced driving. The attorney fee will be based on whether the case will involve going to trial or arranging a plea, as well as the complexity of the case.
A: If the decision is made to go to trial, it is imperative that the right to speedy trial not be waived (with some exceptions). The trial process involves selecting a jury, making opening statements to lay out the evidence to be presented, questioning of witnesses, evidentiary arguments, and closing arguments that interpret the evidence. After closing arguments are concluded, the decision is in the hands of the jury.