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 67 of 73 | StechLaw Criminal Defense

Should You File A Motion to Suppress Evidence?

A Motion to Suppress Evidence is a written request that the defense submits asking the judge to rule that the evidence against the client is dismissed. Understanding the ramification of submitting a motion to suppress evidence is important for both, state and federal court. Hiring an experienced criminal defense attorney like Ben Stechschulte will determine when it is appropriate to file such a motion and when it is in your best interest not to.
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Nationwide Criminal Defense Practice

Hire a local federal defense attorney if you are under federal investigation or facing criminal charges in another state. This will allow you to meet face to face, work closely with your attorney and build the trust you need when working to establish your defense.
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StechLaw Criminal Defense Both Recognized as a 2015 Rising Star by Super Lawyers

The 2015 Rising Star by Super Lawyers selection included Alyson George Blunes and Ben Stechschulte. This list recognizes the top 2.5% of Florida attorneys age 40 or younger and are nominated by their peers.
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Impact of Mental Health Evaluations on Federal Sentencing

An experienced federal criminal defense attorney will request a mental health evaluation to determine if the crime the client committed was an act from a stressful life event. If it is determined the crime was committed due to this, the attorney will present evidence at the sentencing trial to the judge. In most cases, the sentence will be reduced and the client will receive counseling or a treatment plan to address these issues.
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Proactive Responses in Federal Pre-Indictment Situations

If you learn you are a focus of a federal investigation that may include over billing of the government, tax fraud, welfare fraud or drug crimes, contact a federal criminal defense attorney who has extensive experience working with the US Attorney’s Office. An experienced attorney like Ben Stechschulte will help try to prevent you from being indicted or reduce the charges by gather evidence to present to the US Attorney’s office or other federal law enforcement agency.
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Entering an Addiction Program Can Reduce Federal Criminal Sentences

A person who has been charged with a Federal crime and has an addiction problem may qualify for Residential Drug Addiction Treatment Program (RDAP). If this program is completed successfully, it may reduce the sentence up to 12 months. An experienced Federal Criminal Defense attorney will help his client accept his addiction, if in denial; work on preparing his client for the pre-sentencing report interview; and prepare and submit a memorandum of law to the judge. The pre-sentencing report and the memorandum of law will help determine if the client meets the needs to participate in RDAP.
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Creative Sentencing Solutions

If you are charged with a crime and face jail time, an experienced criminal defense attorney can devise a creative sentencing solution that allows you to keep your job and protects your family,reputation and even immigration status.
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DUI Check Points – What You Need to Know

The defense of a DUI is different than an arrest that occurred during a DUI Checkpoint. Contact an experienced DUI defense attorney who has experience in checkpoint cases and understands the details of the DUI laws.
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Social Media & Statutory Rape

Today's world of easy communication through social media can create a dangerous scenario for men who meet and engage with younger women. If you have had sexual acts with a woman who may have misrepresented her age and face the possibility of statutory rape investigations or charges, read this article to get advice from a Tampa criminal attorney.
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Defending Criminal Complaints Against Physicians

A physician can lose their medical license when a patient files a medical treatment complaint against them. Contact an experienced state and federal attorney who has experience working with the Department of Health to argue your case.
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Federal Supervised Release Violations

An experienced federal criminal defense attorney can help you avoid a possible new prison term if you violate a supervised release or probation. Depending on the type of violation, a successful attorney may be able to have the new charges reduced to a misdemeanor.
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Sex Offenders’ Risk Assessment as a Defense Strategy in Florida

A sex offenders risk assessment and the sex offender probaation program utilized by a defense attorney can have a significant reduction in the chances an individual charged with a 2nd or 3rd degree felony including child pornography.
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Blog

Should You File A Motion to Suppress Evidence?

Nationwide Criminal Defense Practice

StechLaw Criminal Defense Both Recognized as a 2015 Rising Star by Super Lawyers

Impact of Mental Health Evaluations on Federal Sentencing

Proactive Responses in Federal Pre-Indictment Situations

Entering an Addiction Program Can Reduce Federal Criminal Sentences

Creative Sentencing Solutions

DUI Check Points – What You Need to Know

Social Media & Statutory Rape

Defending Criminal Complaints Against Physicians

Federal Supervised Release Violations

Sex Offenders’ Risk Assessment as a Defense Strategy in Florida

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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