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 69 of 73 | StechLaw Criminal Defense

Search Warrant Required Before Tampa Police May Search Cell Phone

During an arrest police can sieze your phone and look at it to make sure it does not harm anyone, however they cannot look at your texts, photos, email or other content on the phone. A warrant is required to review this personal informatoin that was once only stored at home. If you find yourself in this curcumstance, contact a personal criminal defense attorney immediatley to work on challenging the basis of the warrant.
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Protecting Your Florida Professional License After Being Charged with a Crime

If you hold an occupational license and are charged or convicted of a crime, you maybe jeopardizing more than the common defendant. By contacting a Tampa lawyer experienced in professional license and criminal defense such as the attorneys at Stechschulte Nell, their main objective is to have the charges dropped or to negotiate for you to continue to hold your license, to maintain your professional status and income.
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Consider Judge Familiarity When Choosing a Tampa Criminal Defense Lawyer

A good lawyer knows the law, a great one knows the judges. Each judge runs their courtroom a little differently and knowing how to present your case according to the presiding judge's tendencies could provide the marginal difference between winning and losing. Alyson and Ben combine for over 15 years of trial experience with the judges in Tampa Bay.
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Staying Out of Jail on a Probation Violation in Tampa

It is important to understand there are two types of probation violations, "technical" and "new-law." Both can result in lengthy jail time before your case is resolved. It is important that you speak to your probation lawyer immediately if you think you may have violated your probation. They will work with you to try to avoid more jail time, loss of income and embarrassment of violating your probation.
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Importance of Hiring Experienced Federal Plea Negotiator

The US Federal Courthouse in Tampa, a place you would rather not be on trial. It is important to find a defense attorney adept at plea bargaining.
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Florida DUI & Medical Marijuana

With the proposed legalizing of Medical Marijuana, Tampa DUI Attorney explains how you cannot be convicted for marijuana-related DUI simply because you have detectable levels in your system.
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Several Tampa Police Officers Dismissed for Misconduct

Everyone respects an honorable police officer using his life to upold public order and safety. Unfortunately the last few months have proven that some do not deserve this position due to misconduct. If you are accused of a crime, you need a criminal attorney that will check the officer's background for anything that might compromise his integrity and how your case was handled.
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Experienced Lawyers Know the Judges

Every professional, even judges, have unique personal experiences and education that affect tendencies shown toward a variety of situations. An experienced attorney, one who has worked on both sides of the bench with many of Tampa's judges, will present your case in the fairest, best possible way, tailored to the judge for your case.
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False Allegations of Sex Crimes in Florida

There are a variety of reasons why someone would falsely accuse another of sexual assault. If you fine yourself in that position, consult an experienced attorney right away. There are several things he can do immediately to either stop the charges from getting filed or assure you of the best result possible. Don't talk to authorities prior to consulting with a lawyer.
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Defending Florida Drug DUI Cases

Beside the influence of alcohol, drivers in Florida can also get arrest for driving after taking either legal or illegal drugs. These type of cases take a specialized method of defense considering the possible inexperience of law enforcement, imprecise testing methods or challenging the timing of the drug's influence.
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DUI For Sleeping Behind the Wheel in Florida?

If you think twice about driving after a few too many and pull over to the side of the road to be safe and "sleep it off" for a while, you can still get arrested for DUI. Make sure you read the advice we offer in this blog post. We also have advice for those who fall asleep at a traffic light.
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Defending Possession of Child Pornography Crimes

A conviction on child pornography charges can seriously damage your reputation for the rest of your life. There are several strategies to take to mitigate consequences, uses for which can be determined by the evidence in your case. We can oftentimes prove it was an accidental download with computer forensics. Regardless of the facts of your case, do not make another move without reading this blog post.
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Blog

Search Warrant Required Before Tampa Police May Search Cell Phone

Protecting Your Florida Professional License After Being Charged with a Crime

Consider Judge Familiarity When Choosing a Tampa Criminal Defense Lawyer

Staying Out of Jail on a Probation Violation in Tampa

Importance of Hiring Experienced Federal Plea Negotiator

Florida DUI & Medical Marijuana

Several Tampa Police Officers Dismissed for Misconduct

Experienced Lawyers Know the Judges

False Allegations of Sex Crimes in Florida

Defending Florida Drug DUI Cases

DUI For Sleeping Behind the Wheel in Florida?

Defending Possession of Child Pornography Crimes

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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