Next Steps After a DUI Refusal in St. Petersburg and Pinellas County FL

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the next steps to take after a DUI Refusal in St. Petersburg, Pinellas County Florida.

Issue:

If you are pulled over for a DUI traffic stop in St. Petersburg, Clearwater, or anywhere in the Pinellas County (Tampa Bay) area you have a choice whether or not to submit to Field Sobriety Tests and a Breathalyzer test (sometimes referred to as a chemical test).  No driver is required to take the tests under Florida law despite what an officer may say or imply during a traffic stop.  Your choice to refuse DUI field sobriety tests and a breathalyzer test can have a significant impact on your case.

Why This Matters To You:

The State of Florida (and specifically the Department of Motor Vehicles) considers driving to be a privilege, not a right.  Thus, if you are stopped for DUI and refuse Field Sobriety Tests (FSTs) and/or a Breathalyzer test, and are ultimately arrested for DUI (based on the arresting officer’s suspicion), the Department of Motor Vehicles (DMV) will automatically suspend your license for at least 90 days after which you may be able to apply for a hardship license.  Even if you are not ultimately convicted, the DMV will still suspend your license, and may potentially extend the suspension based on your refusal to submit to DUI testing.

On the other hand, your refusal takes away the prosecutor’s potential evidence against you in the DUI case.  Without field sobriety test evidence (which is in most cases videotaped and presented in court) and breathalyzer evidence of your impairment, the State Attorney’s Office is forced to prove that you were impaired to drive beyond a reasonable doubt.   In many cases, the lack of empirical evidence of your impairment improves the ability to defend and ultimately win your case.

Based on a DUI refusal there are several potential defenses in your DUI case:

1)    Driving - being intoxicated will not classify a DUI charge; the prosecutor must be able to prove the defendant was actually driving. This may be challenging, especially when accidents are involved.

2)    Probable Cause - proof will be inhibited if the law enforcer did not have legal cause to halt, impede, and detain.

3)    Miranda - convicting declarations may be inhibited if restraints were failed to be mentioned at the proper time.

4)    Implied Consent Warnings - if the law enforcer did not warn you of the penalties of declining to take a chemical test, or gave it inaccurately, this may affect acceptability of the test results -- as with the license suspension obliged by the motor vehicle division.

5)    Illegal Stop – if the law enforcement officer did not have a legal reason to stop you in the first place.

What To Do Next:

If You Are Pulled Over for Driving Under the Influence (DUI):

1.    Refuse any Field Sobriety Tests (FSTs) and/or Breathalyzer tests (know and fully understand the consequences of this action on your driver’s license noted above)

2.    Don't speak to the police - ask to have an attorney present.

3.    Don't give a written statement – again, ask to have an attorney present.

4.    Contact an attorney immediately.

You only have TEN (10) DAYS after your DUI arrest to file a motion to challenge the administrative suspension of your license.  Hire the Morris Law Firm as your DUI Attorney and we will aggressively fight your administrative suspension.  For most people arrested for DUI the suspension of their driver license is one of their biggest concerns.  You must act within ten (10) days of your arrest to challenge this administrative suspension.

If you have been arrested for DUI in St. Petersburg, Pinellas County, or Tampa, Hillsborough County, FL, contact a St. Petersburg DUI Refusal Attorney to discuss possible defenses that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.

Who Still May Be Able to See Your Sealed and/or Expunged Criminal Record in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses Who Still May Be Able to See Your Sealed and/or Expunged Criminal Record in Florida.

Issue:

Sealing and/or Expunging your criminal record can improve your ability to pass a background check and give you the security to stop looking over your shoulder to make sure no one finds out about your past.

That said, there are still Florida government agencies that can see your Sealed and/or Expunged criminal record.  It is important to be aware of this fact as you consider Sealing and/or Expunging your criminal record.

Why This Matters To You:

While Sealing and/or Expunging your criminal record has many benefits, those eligible should be aware that several Florida government agencies can still view a Sealed criminal record and may have basic information that your criminal record was Expunged.

Florida Agencies That Can See Your Sealed and/or Expunged Criminal Record:

The subject of a criminal history record sealed under this section or under other provisions of law, including former s.893.14, former s.901.33, and former s.943.058, may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:

1. Is a candidate for employment with a criminal justice agency;
2. Is a defendant in a criminal prosecution;
3. Concurrently or subsequently petitions for relief under s.943.0585 or s.943.059;
4. Is a candidate for admission to The Florida Bar;
5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s.110.1127(3), s.393.063, s.394.4572(1), s.397.451, s.402.302(3), s.402.313(3), s.409.175(2)(i), s.415.102(4), chapter 916, s. 985.644, chapter 400, or chapter 429;
6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or
7. Is seeking authorization from a Florida seaport identified in s.311.09 F.S. for employment within or access to one or more of such seaports pursuant to s.311.12 F.S. or s.311.125 F.S.
8. Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is the subject to a criminal history background check under state or federal law.

When a record is Expunged the above agencies will only receive the subject's demographic information and a caveat statement stating that criminal history information has been Expunged, but will be unable to receive the details.

What To Do Next:

Contact the Morris Law Firm to start the process of clearing your criminal record. The Morris Law Firm has experience in Sealing or Expunging your criminal records so they don’t appear on criminal background checks.

• No office visit required.
• Flat fee for Sealing or Expunging your criminal record.
• Simple Process: Take the fingerprint card we send you and get fingerprinted at any local police station and; have two (2) documents we send you notarized. Send the fingerprint card and the two documents back to us and the Morris Law Firm will take care of the rest.
• Sealing or expunging your criminal record is a low cost investment in your future.

If you have a criminal record in St. Petersburg, Pinellas County, or Tampa, Hillsborough County FL, contact a St. Petersburg Sealing and Expunging Attorney to discuss Sealing and/or Expunging eligibility that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.

Top 5 Reasons To Have Your Criminal Record Sealed and/or Expunged in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the Top 5 Reasons To Have Your Criminal Record Sealed and/or Expunged in Florida.

Issue:

A criminal record can show up at the worst possible time – when you are looking for a job, applying for housing, or even when applying for school, your criminal record can show up in a simple background check.

Sealing and/or Expunging your criminal record can improve your ability to pass a background check and give you the security to stop looking over your shoulder to make sure no one finds out about your past.

Why This Matters To You:

Employers, housing providers (mortgage companies, apartment complexes, rental companies), and schools all regularly run criminal background checks on applicants.  A criminal indiscretion in your past may negatively affect your application and your future.

In many cases, your criminal record may be Sealed and/or Expunged by an experienced criminal attorney, with the following benefits:

Top 5 Reasons To Have Your Criminal Record Sealed and/or Expunged:

1. 1.    Once the Sealing or Expungement of your Florida criminal record is granted by the court, the withhold of adjudication or dismissal of your felony, misdemeanor, or other criminal charge will no longer be available as a public record.
2. 2.    Additionally, if you Seal or Expunge the Florida criminal record, you gain the legal right to deny or fail to acknowledge anything to do with the arrest and the legal proceedings from the case itself.
3. 3.    You can in most cases successfully pass a criminal background check.
4. 4.    Improve your ability to successfully apply for jobs, school, and housing.
5. 5.    Ensure that your criminal record stays private - in this age of modern technology, anyone with a computer can pull up your arrest record, booking photo and information.

What To Do Next:

Contact the Morris Law Firm to start the process of clearing your criminal record. The Morris Law Firm has experience in Sealing or Expunging your criminal records so they don’t appear on criminal background checks.

• No office visit required.
• Flat fee for Sealing or Expunging your criminal record.
• Simple Process: Take the fingerprint card we send you and get fingerprinted at any local police station and; have two (2) documents we send you notarized. Send the fingerprint card and the two documents back to us and the Morris Law Firm will take care of the rest.
• Sealing or expunging your criminal record is a low cost investment in your future.

If you have a criminal record in St. Petersburg, Pinellas County, or Tampa, Hillsborough County FL, contact a St. Petersburg Expunging and Sealing Attorney to discuss Sealing and/or Expunging eligibility that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.

Sexting and Your Child's Future - What To Do Next for Florida Residents

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses what to do when your child has been accused of Sexting – a felony charged as child pornography in the State of Florida.

Issue:

Sexting is the act of sending sexually explicit messages or photographs, primarily between mobile phones.  The word is a portmanteau of sex and texting, where the latter is meant in the wide sense of sending a text possibly with images.

You may have read about cases in the local press where minor children (teens) have been arrested for child pornography (a felony) for engaging in Sexting.  A year ago, three Pennsylvania teenage girls were charged with felonies for sending images of themselves to their boyfriends.  In 2007, Phillip Alpert, an 18-year-old from Orlando, e-mailed a nude photo of his 16-year-old girlfriend to dozens of people and her parents, leading him to get five years of probation and be registered as a sex offender.

Sexting is so prevalent that a recent national study showed one in five teenagers have sent sexy text messages with photos.

http://nieonline.com/sptimes/frontpage.cfm?lessondate=20100412

Why This Matters To You:

Whether you know it or not, your teen may be Sexting his or her peers.  If your teen is caught Sexting under the current law they may be guilty of child pornography, a felony in the State of Florida.

Although it is widely recognized that Sexting is more youthful folly than hardened criminal behavior, the State of Florida still recognizes it as child pornography, a felony punishable by jail time and potential registration as a sex offender.  Charges such as these can have a dramatic effect on your child’s future including loss of school eligibility and scholarships, loss of employment, probation, curfew, and other severe penalties.

In many Sexting cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Lack of Intent

·         Alibi

·         Mistaken Identity

·         Failure to Read Miranda Warnings

What To Do Next:

If your teen is Arrested For Sexting (Child Pornography):


·       Don't speak to the police - ask to have an attorney present.
·       Don't give a written statement – again, ask to have an attorney present.
·       Contact an attorney immediately.

It is equally important to engage an attorney quickly as you have a very narrow window of time between when your child is arrested and when the State Attorney’s Office makes a decision to file a criminal charge.  Hiring an attorney immediately to negotiate on your child’s behalf with the state attorney’s office provides the best chance of avoiding criminal charges for your child.

If your child has been arrested for Sexting (child pornography) in St. Petersburg, Pinellas County, or Tampa, Hillsborough County FL, contact a St. Petersburg Juvenile Sexual Offenses Attorney to discuss possible defenses that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.