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 72 of 74 | StechLaw Criminal Defense

Only Talk to Your Attorney When Accused of Embezzlement

Employee financial fraud, or embezzlement, occurs when someone with consent is suspected of mishandling a business's money. The reasons vary from explicit theft from the company to a simple miscommunication about how the funds should be handled. Regarless of intent or guilt, if you are suspected of any form of embezzlement, immediately stop handling the money and don't speak to anyone except an expert attorney.
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A Private DUI Lawyer Can Help You Keep Your License

One of the biggest challenges of getting a DUI is the possibility of dealing with a suspended drivers license. A good private defense attorney should know the steps to take that will give you the best chance to keep your driving privileges while the case is pending and thereafter.
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Attorney Representation Will Benefit Those Charged With Enhanced DUI in Tampa

You can be charged with an enhanced DUI if your blood alcohol level was .15% or greater. Possible penalties can include increased fines, jail time, and use of an ignition interlock device. Hiring an attorney to help you deal with the prosecutor can greatly increase your chances of avoiding some of these penalties.
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Back by popular demand, Ben Stechschulte will be appearing on Fox 13’s Ask a Law Lawyer segment

Tampa Criminal Defense Attorney Ben Stechschulte to appear once again this Thursday morning on Fox 13's Ask a Lawyer Segment.
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Loud Music Leads to Stand Your Ground Defense

An altercation over the volume of music leads to a death.
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DUI Blood Testing Varies Among the States

Texas' "No Excuses" law allows police to draw blood on a reasonable suspicion.
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Florida Investigation into ” Stand Your Ground” Results in No Changes

A Florida House task-force recommends no changes to the law.
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Basketball Court Shooter Denied Immunity Under ‘Stand Your Ground’

Basketball confrontation results in death.
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Penalties both on and off the field

Tampa Bay Buccaneers Safety Ahmad Black cited for marijuana possession.
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Tampa Criminal Defense Lawyer Ben Stechschulte with the Law Partners Group of the South Tampa Chamber of Commerce are hosting a Networking event at Kona Grill this Thursday at 5:30.

Tampa DUI attorney Ben Stechschulte with the Law Partners Group of the South Tampa Chamber of Commerce are hosting a networking event at the Kona Grill this Thursday at 5:30 p.m.
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Embezzlement isn’t just for Fortune 500 Companies

Local air conditioning company finds accountant embezzling funds.
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Does this pass the sniff test?

The Supreme Court will soon rule on the Constitutionality and efficacy of using drug-sniffing dogs.
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Blog

Only Talk to Your Attorney When Accused of Embezzlement

A Private DUI Lawyer Can Help You Keep Your License

Attorney Representation Will Benefit Those Charged With Enhanced DUI in Tampa

Back by popular demand, Ben Stechschulte will be appearing on Fox 13’s Ask a Law Lawyer segment

Loud Music Leads to Stand Your Ground Defense

DUI Blood Testing Varies Among the States

Florida Investigation into ” Stand Your Ground” Results in No Changes

Basketball Court Shooter Denied Immunity Under ‘Stand Your Ground’

Penalties both on and off the field

Tampa Criminal Defense Lawyer Ben Stechschulte with the Law Partners Group of the South Tampa Chamber of Commerce are hosting a Networking event at Kona Grill this Thursday at 5:30.

Embezzlement isn’t just for Fortune 500 Companies

Does this pass the sniff test?

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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