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 66 of 73 | StechLaw Criminal Defense

Management of Florida’s Felony Scoresheet

Florida ranks felony offenses with a severity scale of 1 to 10 on the Criminal Punishment Code Scoresheet to help determine if a defendant should face prison time and, if so, its length. It is calculated by the prosecutor and then presented to the defense attorney. As a former prosecutor, Ben Stechschulte has the experience and understanding of how the scores are calculated and will use that knowledge in developing strategies to minimize potential sentences the scoresheet suggests.
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The Bail Bond System

Don’t navigate the bail bond process without consulting an experience criminal defense attorney like Ben Stechschulte. An experienced attorney may have you released on your own recognition or may be able to reduce or keep the original bail amount set so the client can return home and continue working instead of staying in jail until their court date.
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Most Common Questions New Clients Ask

If you or a loved one has been arrested there are many questions you might have. Tampa Criminal Defense Attorney, Ben Stechschulte helps answer some of the commonly asked questions by new clients that include: "Am I facing jail time?" "Will I have to go to court?" "Was my Miranda rights violated?"
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Miranda Rights – What Television Doesn’t Tell You

Unlike the usual procedure shown on popular television shows, you deserve your Miranda rights upon custody and questioning, not just arrest. And when you do receive them, demand your right to an attorney, not silence.
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Arabic, French Creole, Vietnamese, Chinese, and Spanish – Representing Clients where English is their Second Language (ESL)

Language and cultural differences can create unforeseen challenges when an attorney represents a client for whom English is a second language. Skilled criminal defense attorneys, such as Ben Stechschulte, are comfortable with English as Second Language clients and have the resources necessary to effectively communicate with them to assure the best possible representation.
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Challenging Field Sobriety Tests

Police officers use field sobriety tests to confirm their impression that a person is driving under the influence of drugs or alcohol. An experienced DUI attorney knows that a police officer cannot testify in court as to the results of this test unless they are a certified Drug Recognition Expert, and even then, the expert can be challenged.
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Jared Fogel’s Smart Defense

Recently the Federal Court of Indiana charged Jared Fogel, Subway spokesperson, with distribution of child pornography and having sex with a minor. Mr. Fogel hired a defense team as soon as he realized he was under investigation. By hiring a defense team before charges were brought against him, Mr. Fogel and his attorneys were able to develop several smart defense strategies to reduce his exposure and potential jail time.
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Weight and Consistency Critical Factors in Defense of Drug Charges

The severity of the penalty in drug trafficking charges is based, in part, on the amount of drugs in the defendant’s possession. Experienced defense attorneys challenge law enforcement’s and prosecutors’ numbers by focusing on the actual weight versus estimated weight and the consistency of the drugs in question to limit their client’s exposure to penalties and prison time.
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Out of State Residents and Florida Warrants

Former Florida residents can be surprised to learn that a Florida arrest warrant has been issued against them. For minor charges, these warrants can dismissed with little effort and often no travel, if the defendant hires experienced Florida representation. When the warrant was issued for serious crimes, immediately hiring a skilled Florida attorney can be critical in the overall defense as this lawyer can begin negotiations and discussions early in the process.
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Defending Synthetic Marijuana Cases

The laws surrounding synthetic marijuana, also known as spice, are constantly changing. Synthetic marijuana is considered more potent so, in terms of sentencing, a gram of XLR 11 (a current popular form of spice) is equal to 167 grams of marijuana. When judges use this equation to determine a jail sentence, those convicted of manufacturing, selling or using are seeing sentences increase from probation or 1-3 years to 12 to 20+ years. Criminal defense attorneys need to constantly monitor these changing laws to develop the most effective strategies to use for their clients.
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Defending Private Firearm Sellers

It is legal for a gun owner or collector to buy and sell firearm in their own state. However, it is illegal when they sell in excessive amounts or sell to someone prohibited under federal law from purchasing a gun. If you are a gun owner who has been charged or is under investigation, contact an experienced federal criminal defense attorney who understands federal gun-related charges to represent you.
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Defense of Repeat DUIs

Repeat DUI arrests bring harsher penalties for each conviction. In some counties, convicted offenders may be able to avoid jail time with sentencing options. Hire an experienced criminal defense attorney who understands these penalties and the different local and state sentencing options.
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Blog

Management of Florida’s Felony Scoresheet

The Bail Bond System

Most Common Questions New Clients Ask

Miranda Rights – What Television Doesn’t Tell You

Arabic, French Creole, Vietnamese, Chinese, and Spanish – Representing Clients where English is their Second Language (ESL)

Challenging Field Sobriety Tests

Jared Fogel’s Smart Defense

Weight and Consistency Critical Factors in Defense of Drug Charges

Out of State Residents and Florida Warrants

Defending Synthetic Marijuana Cases

Defending Private Firearm Sellers

Defense of Repeat DUIs

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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