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Ben Stechschulte
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    Avoid an Alcohol-Related Arrest at Gasparilla

    Pirates and parade lovers will be descending on Bayshore Blvd. for the Gasparilla parade.  Many will be enjoying alcoholic beverages throughout the day while celebrating Tampa’s biggest celebration of the year. Law Enforcement will be increasing their patrol and watching for underage drinking, open container or DUI violations.

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    Florida Grand Theft and Scheme to Defraud Defense

    Two crimes in Florida that share similar defense strategies which includes taking someone else money are Grand Theft and Scheme to Defraud.  For both crimes the prosecution has to show intent that the accussed planned to benefit from their actions. The punishment and the severity of the charges are determined by the alledged amount stolen.  Hire an experienced criminal defense attorney who will first challenge the amount stolen and build a case and will protect your interests for the best outcome.

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    Driving on a Suspended License

    There is a difference between driving on a suspended license and driving without a license.  While the later one is easier to dismiss by showing a valid driver’s license, the first can carry tougher penalties.  But for many people, they are not even aware that their license is suspended until they are pulled over and receive a Driving on a Suspended License violation.  Instead of paying the fine, accept the court appearance and contact a criminal defense lawyer to build a defense that you were unaware it was a suspended license.

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    Police Use of Body Cameras

    The city of Tampa will begin supplying the police department with body cameras that will record their interactions while on duty that will protect not only the safety but the rights of both parties.  These videos can become either, the best or worse evidence during a case, depending upon the interactions with the defendant and the police.   A defense attorney may be able use the video to argue the officer's written documentation.  Overall, the camera will help protect both the police and public.

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    Defense Still Viable After Defeat of Amendment 2

    Even though Amendment 2 did not pass in Florida and it is still illegal to smoke marijuana for medical purposes, prosecutors and judges have recognized in some cases its validity.  The use of marijuana for medical purposes has to be proven that is will do less harm than the traditional treatment.  Extensive documentation from your doctor or clinic is important when pursuing a medical marijuana defense.

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    Substantial Assistance for Reduction of Federal Crimes

    Certain crimes carry minimum mandatory sentencing which has been set by Congress.  The judge can decrease your sentencing if you offer assistance in an ongoing case.  Many defendants do not realize the ramifications associated with Substantial Assistance and should consult an experienced federal criminal defense attorney.

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    Laser Pointer Crimes

    It is illegal to point a laser at law enforcement, at an airplane, or anyone’s eyes.  Depending on the severity of the crime, it may be tried in either the state or federal courts. By hiring an experienced attorney immediately, they will try to keep the case in the state judicial system which would allow for a better outcome for the defendant.

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    DUI Without Driving

    People who are under the influence and are sitting or sleeping in their car without the engine running can be charged with Driving Under the Influence (DUI).  In Florida, the law sates if it shows you are in physical control of the vehicle even if the car is not in motion or the ignition is off you could be charged with DUI.  When determining to make an arrest, law enforcement will take into account where you are resting in the car, if the position of the keys is close enough to you to start the engine and the distance of your hand to the ignition.

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    Ways to Avoid Federal Mandatory Minimum Sentences

    Certain federal crimes including sexual assault, firearm crimes, child pornography, and cocaine or methamphetamine crimes mandate minimum mandatory sentence requirements.  There are two exceptions to the sentencing requirements which include the defendant having substantial assistance in a criminal case determined by the courts and the second is the safety value of the defendant and their family which Council needs to request.  An experienced federal lawyer can help determine if the Safety Value exception applies in a case and then argues for the exception.

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    Acceptance of Responsibility

    When accepting responsibility early in the litigation process for a felony or Class A misdemeanor, it may result in a sentence reduction.  By hiring an experienced Board Certified Federal Criminal Defense Attorney, they can review the circumstances of alleged crime and help determine if Acceptance of Responsibility Plea Agreement or Litigation will produce the best result for their client.

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    Florida Theft Crimes: It’s All About Intent

    If you are charged with a petit or felony theft crime, prosecutors need to prove it was intentionally committed - proving your state of mind. Many times there are reasonably innocent explanations for the alleged actions.  By hiring an experienced criminal defense attorney who can explain these reasons to the prosecution, they can help get the alleged crimes dismissed.

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