Can I refuse to take a breathalyzer or chemical test at a DUI stop?

Yes, you can refuse a breathalyzer or blood test if you’re stopped on suspicion of DUI. However, there’s a good chance you’ll automatically be charged with a DUI for refusing. Florida follows an implied consent law for breath or blood testing if a police officer suspects you’re operating the vehicle under the influence of drugs or alcohol. This means that by holding a Florida driver’s license, you tacitly consent to be tested. So, if you refuse, you may be going directly to jail. If this happens, call a Florida DUI defense lawyer right away, to help you protect yourself from the steep penalties the state imposes for DUI convictions.

Do I need a Florida criminal defense lawyer if I’m not guilty?

Yes! If you’ve been arrested, you need a legal advocate to help protect your rights and protect you from being wrongly convicted. A lawyer can ensure that your civil rights aren’t violated, like the right to remain silent in police questioning and the right of protection from unlawful search and seizure. A lawyer can help get you out of jail on bond, challenge your arrest, and bring evidence before a judge demonstrating that you did not commit the crime. Without a lawyer, you’re alone, facing the powerful Florida criminal justice system.

Is Florida drug court an option for me?

Maybe! It’s definitely something that your drug defense lawyer can help you explore. Drug court is an option for people who are charged with lesser offenses, like simple possession. Therefore, not an option for someone charged with felony drug trafficking or manufacturing, for example. The purpose of drug court is rehabilitation and sobriety, helping people make positive changes in their lives, stay clean, and keep out of trouble with the law. We’ll certainly help you learn more about this alternative to jail in your initial consultation.

What are some defenses that my Florida theft lawyer may use to help me?

The defense that your attorney uses may depend on your situation. We may assert that you did not intend to steal or did not know that the property you had in your possession was stolen. We could also contest the methods the police used to investigate; you may have been a victim of an illegal search and seizure or even mistaken identity. Other defenses we’ve successfully deployed include challenging the evidence itself. We investigate the case on our own and gather our own evidence to help exonerate you.

What kinds of crimes would a Florida federal criminal defense lawyer handle?

Federal crimes typically involve crossing state lines, such as credit card or wire fraud, mail fraud, or drug trafficking or manufacturing. Computer crimes and sexually-based computer crimes, like the dissemination of child pornography, are usually handled in federal court, as are many embezzlement or misappropriation of funds cases. Public officials charged with public corruption, including police officers, may also be tried in federal court rather than state court. It’s important to work with an attorney experienced in federal court, as the rules of evidence and criminal procedure differ from state rules.

Blog | Page 64 of 73 | StechLaw Criminal Defense

Federal Pretrial Services

In federal court, anyone who has either been indicted or has a pending federal criminal charge will have a pretrial…
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Relevant Conduct and the Paul Manafort Trial

Under the federal sentencing guidelines the concept of relevant conduct allows a judge to consider the defendant’s actual conviction as…
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Opportunities and Problems with Hillsborough County’s New RIDR Program

In early spring, the Hillsborough County State Attorney’s Office unveiled a program designed to reduce the charges for people who…
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Securing Federal Bond

A bond is collateral that a defendant uses to secure their freedom while awaiting trial or other resolution of their…
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Federal Sentencing Calculation

One of the primary differences between state and federal court representation are the federal sentencing guidelines. These guidelines dictate the…
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Why You Need a Second Opinion on Your Criminal Case

When a person receives a serious medical diagnosis from a doctor, it is common to seek a second opinion from…
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Attorney Ben Stechschulte Earns Criminal Trial Law Recertification

StechLaw Criminal Defense is pleased to announce that Ben has recently received his recertification in Board Certified in Criminal Trial Law in both state and federal court. Of the over 88,000 attorneys eligible to practice in Florida, only 433 are certified criminal trial lawyer. For those seeking criminal defense representation, less than 1% of the attorneys in the state have successfully completed the rigorous certification process which demonstrates true expertise in this field.
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What to do if Law Enforcement Officers Execute a Search Warrant on your Home

Search warrants are used by local, state and federal law enforcement entities to gather evidence and information about the target of an investigation or a witness related to one. The only notice you will receive that a search warrant is to be executed at your home is when law enforcement officers arrive at your front door. What you do next will either help or harm your defense.
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Medical Marijuana and DUI

Medical marijuana can now legally be consumed by Florida residents who have a valid prescription from a qualified physician. Although these individuals are using marijuana to address pain and other conditions under medical supervision, they can still be arrested for and found guilty of driving under the influence (DUI) of a controlled substance (marijuana).
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Polygraph Examinations Valuable Criminal Defense Tool

Polygraph examinations are used to determine if a person is being deceitful when responding to specific questions. The process measures an individual’s physical reaction to certain questions to assess truthfulness or deceit. Due to lack of scientific proof of reliability, few state courts allow the results of the examination to be admissible as evidence, and Florida state courts do not allow them at all. Regardless of this lack of admissibility, polygraph examinations can serve as a valuable defense strategy for a person facing criminal charges.
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Feds Reverse Decision on Minimum Mandatory Sentencing Due to Opioid Epidemic

US Attorney General Jeff Sessions has reinstated the push for federal prosecutors to charge even the lowest level drug users and sellers with the most severe charges possible. Under the federal minimum mandatory sentencing requirements, individuals now face 20 or more years in prison. For this reason, you need an expert criminal defense attorney by your side. Learn more in our recent blog.
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Florida’s Response to Opioid Epidemic is Extreme

In response to the opioid epidemic, Florida has chosen to create new minimum mandatory sentencing requirements specifically targeting the possession of fentanyl. This rare course of action places anyone who possesses as little as four grams of fentanyl at risk of receiving a 3 year prison sentence. Criminal defense attorney Ben Stechschulte discusses this issue, as well as the importance of skilled representation.
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Blog

Federal Pretrial Services

Relevant Conduct and the Paul Manafort Trial

Opportunities and Problems with Hillsborough County’s New RIDR Program

Securing Federal Bond

Federal Sentencing Calculation

Why You Need a Second Opinion on Your Criminal Case

Attorney Ben Stechschulte Earns Criminal Trial Law Recertification

What to do if Law Enforcement Officers Execute a Search Warrant on your Home

Medical Marijuana and DUI

Polygraph Examinations Valuable Criminal Defense Tool

Feds Reverse Decision on Minimum Mandatory Sentencing Due to Opioid Epidemic

Florida’s Response to Opioid Epidemic is Extreme

Video Resources

Can I get a DUI charge reduced or dismissed?

What does it mean to be a board-certified criminal trial lawyer?

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