5 Questions To Ask Your Tampa Criminal Defense Attorney
There are now nearly 21,000 criminal law firms employing over 61,100 criminal lawyers and attorneys in the US. If you need a Tampa criminal defense attorney, you’ll need a means of narrowing down your options. Otherwise, you might choose a criminal defense attorney who lacks the experience you need.
Here are five questions you can ask while vetting Florida defense attorneys. Asking these questions will ensure you find the right lawyer for your case.
Start your search for an attorney with these tips today.
1. How Long Have You Practiced Law?
Before hiring a criminal defense attorney for your misdemeanor or felony charge, make sure they have years of hands-on experience relevant to your needs.
First, determine how long each lawyer has practiced law. You can start building a list of Florida defense attorneys by visiting the state bar association website. Make sure each lawyer is licensed to practice in the state of Florida.
Otherwise, check the Martindale-Hubbell law firm directory for a list of local lawyers.
Look for a lawyer who has years of hands-on experience practicing in Florida.
Some laws and procedures can vary based on your location. Finding a lawyer with local experience will give you peace of mind about their abilities.
If they only recently passed the bar, however, remove them from your list. An inexperienced lawyer is more likely to make a mistake. Chances are, they lack the professional network that can strengthen your defense, too.
How Long Have You Focused On Criminal Defense?
It’s not enough to find a general lawyer with years of case experience. Instead, look for lawyers who focus on criminal defense. Determine how long each lawyer on your list has focused as a criminal defense attorney.
Make sure their focus is relevant to your needs, too.
For example, perhaps you were charged with a drug crime. Maybe you need a lawyer with experience handling federal defense cases. Choose someone with years of experience handling cases like yours.
These attorneys will have an easier time navigating the complexities of your case.
Make sure they’ve handled multiple cases like yours in the past, too. Ask them about the outcome of those cases. Make sure they’ve handled similar cases recently as well.
2. How Often Do Your Cases Go To Trial?
As you learn more about each lawyer’s professional history, ask how often their cases go to trial.
You can’t anticipate how your case will proceed. It’s best to cover your bases by finding someone with years of courtroom experience.
Otherwise, you might end up with a criminal defense lawyer who is apprehensive about going to court. If they’re nervous about trying a case in front of a judge and jury, they might drop the ball. They might even try to avoid going to court by accepting a plea deal.
Make sure you’re choosing a lawyer who has your best interests in mind. Determine if they have the skill set necessary to handle your case, too. For example, they should feel confident in their abilities to try your case in court.
They should also have strong communication and listening skills.
A lawyer with active listening skills will know how to analyze a lawyer’s or witness’s statements. They’ll know how to think on their feet to develop counter-arguments.
Finding a lawyer with the right skill set for handling your case in court can help you feel more confident in their abilities.
What Strategy Will You Use?
As you interview the attorney, ask what strategy they’ll use when trying your case.
The lawyer shouldn’t use a cookie-cutter approach. Rather, they should consider the details of your case and the evidence involved. Then, they should run you through your potential legal options.
Your Tampa criminal defense attorney shouldn’t push you in one direction or another. Instead, they should help you review the pros and cons of each option. Then, they’ll develop your case strategy based on your preferences and goals.
3. What’s Your Track Record?
Only 2% of federal criminal cases went to trial within a span of a single year. A majority (90%) pleaded guilty instead. Meanwhile, the remaining 8% of cases were dismissed.
Most of the defendants who did go to trial were found guilty. Fewer than 1% went to trial and won their cases.
Before hiring a criminal defense attorney, make sure you’re choosing a winner.
Ask each lawyer how many cases like yours they’ve handled in the past. Then, compare their wins and losses. Determine how many of those cases they won recently, too.
Finding a lawyer with a strong track record can give you peace of mind before they begin handling your case.
What Are the Possible Outcomes For My Case?
Ask your defense attorney what outcome they expect for your case.
They shouldn’t give you any guarantees about how the case could proceed. Instead, they should prepare you for each possible scenario.
For example, the prosecutor might drop all charges. Your lawyer might manage to work out a plea deal instead. However, you should still prepare to go to court.
4. How Often Will We Communicate?
Determine how often you and your criminal defense attorney will communicate once they start working on your case. Make sure the lawyer you speak with is the one who will handle your case, too.
Otherwise, they might hand your case off to a paralegal or junior attorney.
5. How Much Will This Cost?
Ask each lawyer about their fee structure. Pricing can vary between attorneys. Determine what’s included with each lawyer’s fees.
Ask how they calculate their expenses as well.
You’ll likely pay more for a more experienced and capable lawyer. Don’t choose the cheapest option, though. Instead, choose a defense attorney who is capable of winning your case.
You’ll find their services were worth every penny once you’re free.
Find the Best Tampa Criminal Defense Attorney for Your Case Today
Don’t make the mistake of hiring the first criminal defense lawyer you call. Instead, use these tips to find the best Tampa criminal defense attorney. Hiring the best lawyer can increase the chances of a positive outcome for your case.
Are you facing criminal charges? Don’t hesitate to call for help.
Contact our team today for a free, instant case evaluation.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Florida Supreme Court Changes How DUI Manslaughter Cases Can Be Prosecuted
So, you or someone you know became involved in a DUI manslaughter case.
Although an unfortunate situation, knowing the legal procedures involved in these cases is critical when building your defense strategy. In 2020, the Florida Supreme Court made significant changes to the prosecution proceedings of DUI manslaughter cases.
These changes impact the way you choose to handle your case. Depending on the circumstances and evidence the prosecution has. Being unaware of the current legal handling of these cases can have a severe impact on your potential sentencing.
No need to worry if you are unfamiliar with the changes in prosecution proceedings in DUI manslaughter cases. We’ll explain these details and how it impacts a case.
Previous Prosecution Law For DUI Manslaughter
Two landmark cases in Florida’s legal history resulted in legislation related to vehicular manslaughter and DUI charges. Houser v. State and Carawan v. State set precedents for the prosecution of suspects charged with multiple crimes from the same incident.
In Houser v. State, the concern was that there may be many charges stemming from a singular vehicular manslaughter or DWI incident. The Florida Supreme Court ruled that multiple convictions were illegal due to double jeopardy principles.
Carawan v. State is more relevant because of the reaction of the Florida Supreme Court to its decision. This case concluded that they assumed the Legislature wouldn’t try to charge one homicide under multiple statutes in favor of lenity.
The legislature decided to amend the law to clarify that defendants can incur charges for however many offenses occurred during a single criminal incident.
Together, these changes in law ruled that in DUI cases where there was criminal activity and death, the more serious charge would receive sentencing while dropping the lesser charge. This is to avoid the risk of double jeopardy.
For example, if someone was driving under the influence and killed another person in an accident, they’ll receive charges for both DUI Manslaughter and DUI With Serious Bodily Injury or Death. Both of these charges are part of the case in court.
Upon sentencing, only the more serious charge of DUI Manslaughter will stick. They would dismiss the lesser charge of DUI With Serious Bodily Injury or Death.
This is because, technically, the crime is already receiving a punishment. DUI Manslaughter comes with higher punishment for the death of the victim. A charge of DUI With Serious Bodily Injury or Death additionally would mean they punish you multiple ways for the same crime.
Florida Supreme Court Changes to DUI Manslaughter Cases
A new case, State v. Maisonet-Maldonado, brought about new changes that shifted how sentencing now proceeds. Houser v. State prevented multiple convictions of fleeing and alluding causing serious injury or death, and vehicular manslaughter DUI if the incident only involved a single victim.
In 2020, the Florida Supreme Court made a decision overturning how these legal technicalities and issues have been handled for the past 35 years.
The Florida Court system now ruled that the Houser v. State result was wrongfully decided. They ruled that the Principle of Lenity (which requires a court to apply unclear law to a case in the way that is most favorable for the defendant) should not be applied in instances of double jeopardy concerns.
Now, in DUI Manslaughter cases, both charges of vehicular manslaughter DUI and DUI with Serious Bodily Injury or Death are charged and sentenced separately. This applies when both charges stem from the same incident and involve a single victim.
Evidence presented against the defendant is now even more important to consider because it justifies the number of ways death as a result of a DUI can be charged and sentenced. Instead of fighting the main DUI manslaughter charge, a defendant will now have to fight possible sentencing on every charge.
What These Changes Mean for You
If you’re arrested on charges involving DUI manslaughter, those other “lesser” charges now stick. This is because trial and sentencing for both of these crimes no longer qualify as double jeopardy.
The Florida Supreme Court’s reasoning is because of the wording of the charges. Yes, a DUI manslaughter means an intoxicated driver killed a victim. Other charges also involve this crime.
Charges such as DUI With Serious Bodily Injury or Death and Fleeing or Attempt to Allude Causing Serious Bodily Injury or Death, again, also involve the death of the victim. However, there may be evidence in your case that other events took place besides the death.
They include death in those lesser charges. But can also include evidence that other harm occurred. These slight differences in how the law words these charges were enough to justify changing the law.
Now, they may charge a defendant and sentence separately for both crimes. Even if it was the same incident or stemmed from a single incident resulting in the single victim’s death.
Next Steps
DUI manslaughter cases are tragic occurrences. The changes the Florida Supreme Court made in how sentencing for these cases is handled can be confusing for all involved.
It’s important to remember that now, charges that stick and sentencing depend on the evidence presented by the prosecution. Those lesser charges are not dropped at sentencing in favor of only receiving sentencing for the single most punishable charge.
It is important to review the evidence in your case and work with your legal team to receive the most desired outcome despite these recent changes.
Contact us to work with a legal team that can help navigate you through these changes in your case.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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What Are the Consequences of Unpaid Traffic Citations?
Many people do not realize how common traffic citations are. Just in the state of Florida, there are more than 2 million citations issued to drivers every single year! On top of that, the number of citations issued to citizens continues to go up year by year.
That number might be lower if more people knew about how inconvenient traffic citations can be. Some people think that they can simply ignore them in order to avoid paying them. However, there are a number of more serious consequences that can come along with failing to pay a traffic citation.
So what exactly are these consequences, and how can you avoid them? Read on to learn all about the most important things to understand about the potential ramifications of unpaid traffic citations.
What Is a Traffic Citation?
Some people mistakenly distinguish traffic tickets from traffic citations. The truth is that they are exactly the same thing.
No matter which term you use for it, a citation is a written record of a traffic violation issued to you by an officer of the law. In some places, you can also receive automatic citations for violating laws on camera.
Pay Traffic Tickets to Avoid Extra Fines
One of the most obvious consequences of failing to pay traffic citations is that the amount of money you will be required to pay continues to go up. If you are lucky, the amount you will have to pay will increase only once. However, depending on your situation, the amount the government fines you can increase again and again.
All by itself, being late for the initial deadline for traffic citation payment can mean doubling your fine. Many people feel that they cannot pay a traffic citation within the deadline. Then they end up simply ignoring it until they get a notice that they now have to pay even more within a certain period of time.
However, there are actually options available to people if they will address their citations rather than ignore them.
Even if you cannot pay a ticket right away, you should call and acknowledge the ticket. You can also explain the situation. This can potentially lead to you being provided with payment options.
Even if you end up having to pay late, you may not receive extra fines at all if you follow the instructions for communication on your citation or other notices related to it. And if you do end up having to pay an extra fine for being late, it will probably be significantly less than if you simply ignored your ticket.
Pay Florida Traffic Citations to Avoid a Suspended License
But what if you refuse to pay the increase in your fine? Some people think that they can simply continue to ignore their tickets and never have to pay for them.
Of course, the legal system is familiar with situations like this and has prepared for every eventuality. If you do not pay your traffic citations, you may eventually lose your driver’s license. The longer you ignore your tickets, the longer your license may end up suspended.
Again, you can often avoid this kind of consequence by calling to discuss the situation with a government representative. However, if you continue to ignore the situation, your license may be suspended for longer and longer.
Pay Your Traffic Citations to Avoid a Warrant for Your Arrest
Some people think that they can simply ignore a suspended license as well. However, continuing to fail to acknowledge traffic citations leads to escalating consequences. At some point, the police may issue a warrant for your arrest.
This does not necessarily only happen after you have already received a suspended license. In some cases, your case will escalate immediately from extra fines all the way up to a warrant for your arrest.
When that happens, your license will often be suspended at the same time. This can mean that the government charges you with a misdemeanor offense.
If the police arrest you, you can face jail time. In other cases, you may only have to deal with community payback or community service of some kind.
Unpaid Citations Can Lead to Legal Charges
The context of an offense can greatly affect how the legal system treats it. If you have nothing else on your record, a given crime or violation might mean that you will be treated with leniency.
But if you have unpaid traffic citations, the legal system may look on you less favorably. On top of that, many businesses will also consider you a less desirable customer. Insurance companies may only be willing to provide you with insurance if you are willing to pay higher prices for it.
If the government suspends your driver’s license, you may have to pay much more than usual to reinstate it. Under the wrong circumstances, the police might even impound your car for up to 30 days. If that happens, you will also have to pay to get your car back.
Consider a Traffic Citation Appeal With a Traffic Lawyer
Some people refuse to pay traffic citations because they feel that they are unjust. Even if that is the case, it is important to address the situation rather than ignore it.
On top of that, challenging citations can be extremely difficult to do alone. You are much more likely to succeed if you work with a quality traffic lawyer.
Understand the Consequences of Unpaid Traffic Citations
We hope learning about the consequences of unpaid traffic citations has been helpful for you. Many people are not sure how to prioritize paying their traffic citations against the other pressing concerns in their life. Understanding more about what might happen if you do not pay your citations can help you make the decisions that are best for your situation.
In many cases, people benefit from consulting with a traffic lawyer. To speak with legal professionals who might be able to help you with your traffic citation situation, reach out and get in touch with us here at any time!
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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A Guide to Levels of Proof Utilized in the Florida Criminal Process
Did you know that nearly three million criminal cases were filed in Florida trial courts between 2019 and 2020? Criminal charges should always be taken very seriously, and a Florida charge could change your life for good. The first thing you should do if you find yourself in this position is to hire an attorney. They will help you navigate the Florida criminal process.
When you go to trial, your attorney will educate you on how to understand legal jargon. And how the jury will interpret what goes on in and out of the courtroom. Part of the defense strategy may hinge on how the prosecution aims to prove guilt.
The three levels of proof in the Florida criminal justice system are beyond a reasonable doubt, the preponderance of the evidence, and clear and convincing evidence. Each of these will affect how the trial will play out.
Below is a guide to help you understand these levels of proof.
The Florida Criminal Process
An arrest or a notice to appear lies at the start of the criminal process. An officer may arrest you due to a warrant or if there’s reasonable cause. After an arrest, the case starts, and the accused will likely appear in court within two days.
It’s always a good idea to comply with an officer’s directives for the sake of your trial and personal safety. For first- and second-degree misdemeanors, an officer may issue a notice to appear in court if the person complied well as they’ll have reason to believe the person receiving notice will appear at the designated time. You may seek legal assistance between the time you receive such notice and your trial date.
It’s also good to keep in mind that complying with an officer’s directives does not mean that you should share any information with them. Comply with instructions to perform actions such as staying in your car and signing citations. But calmly inform the officer that you only wish to answer questions after consulting an attorney (especially if you have the intention to defend in court).
Beyond a Reasonable Doubt
In order to successfully convict someone of a crime, the prosecution must prove guilt beyond a reasonable doubt. The jury is instructed to consider the evidence in a vacuum (not to have externalities influence their convictions). A lack of evidence that proves guilt, or even the presence of conflicting evidence, can raise a reasonable doubt as to a defendant’s guilt.
Let’s say you’re in court for shoplifting. If you were arrested with goods on your person while still in the store, it’s very difficult to prove that you intended to leave without paying. That is enough to raise a reasonable doubt about your guilt, and the jury must find you not guilty.
Proving guilt beyond a reasonable doubt is needed to convict someone in the majority of cases. Misdemeanors and felony cases use this standard because of the seriousness of the consequences, as well as a person’s right to be presumed innocent until proven guilty.
Clear and Convincing Evidence
Clear and convincing evidence is easier to prove than beyond a reasonable doubt. The evidence does not have to rule out all chances of innocence. The court simply needs to see enough evidence to believe in the accused’s guilt.
The two primary uses of this burden of proof in criminal proceedings are in domestic abuse cases and some mental health defenses or appeals. If someone wants to file a restraining order. First, they need to convince the court that whoever is being filed against is a harmful threat. Restraining orders are legal actions that are filed pre-emptively, so proving that the claim is totally true is impossible.
The preponderance of the Evidence
The preponderance of the evidence is the lowest of the levels of proof. Plus, the preponderance standard is much more common in civil cases than in criminal cases but is still applicable in criminal proceedings.
If the authorities accuse someone of violating parole rules, the prosecutor only has to show enough evidence to prove guilt on this basis. All courts need to determine for a guilty verdict is that it is more likely that the accused violated parole. The verdict must still be based on evidence. But less evidence is required to prove that it’s probable that someone’s guilty than absolutely true.
Defense counsel also use the preponderance standard for an affirmative defense. Self-defense, entrapment, and insanity defenses are a few examples of where the court may apply this standard.
Reasonable Suspicion and Probable Cause
Reasonable suspicion and probable cause are also burdens of proof. Prosecutors don’t fulfill these burdens of proof in court. They apply to the police and the legal standards they use for starting a search or an arrest.
Reasonable suspicion is more than just a cop’s hunch or prejudice. There need to be specific facts they can point out as to why they’ve stopped or searched you. This is the lowest burden of proof.
Probable cause is above reasonable suspicion. If the police decide to arrest without a warrant, they need to be able to list several convincing facts as to why they made the arrest.
Alternatively, the police can show a list of prepared facts to a judge. The judge will then issue an arrest warrant if there’s enough evidence to suspect probable cause.
An example of probable cause without a warrant would be if the police saw you robbing or assaulting someone. If they took video evidence of the same actions to a judge after the crime happened, then they’d get a warrant for the arrest.
Make Sure You Get the Best Legal Advice
Criminal charges can change your life. Handling your criminal case within the boundaries of the law is the best way to proceed. If you’re on trial for something you didn’t do, the burden of proof is strict enough to get you free again. It is up to the state’s prosecutor to fulfill this burden.
Though the Florida criminal process has high standards for proving guilt, having legal representation is the best way to ensure the outcome you want. If you’re looking for representation, our legal team covers injuries, traffic violations, and even serious felonies. Get in contact with us to find out about your case.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Can a Lie Detector Test Prove Innocence?
It’s a classic cop show trope.
A grizzled detective with a five o’clock shadow and a slightly reddened nose leans over a table in a police interview room. On the other side is a suspected criminal who refuses to talk. His arms crossed and eyes narrowed, daring the detective to keep trying. Then, the detective threatens to bring out a lie detector test, and the suspect suddenly looks terrified.
Lie detector tests, also known as polygraphs, were invented in California in 1921 and ever since have been thought of as a nearly-flawless interrogation tool.
Is it, though? Are there ways to beat a polygraph exam? Can a lie detector test prove you innocent?
We talk more about that in this article. So read on!
How Does a Lie Detector Test Work?
Polygraph exams supposedly measure a set of involuntary body functions to determine if a person is lying. These functions are pulse, blood pressure, rate of respiration, and skin conductivity. All of these play a crucial role in anxiety, which most of us will have when lying.
This is measured using blood pressure cuffs and other monitors. This is why you often see images of people hooked up to stickers, electrodes, and similar equipment when taking a lie detector test.
The Polygraph Test and Anxiety
How accurate is a lie detector test? It’s hard to determine because there is a significant flaw that comes into play here. Anxiety occurs in many different situations, including, for instance, when police are questioning you.
There’s also the issue of anxiety disorders, which make it far less likely that the person in question will pass the test. Anxiety disorders are often thought of as a single condition that simply involves being excessively nervous in certain situations.
While that is true for some types of anxiety, there are other disorders we don’t often think of as a type of anxiety. In addition to the ones we usually associate with anxiety, such as Generalized Anxiety Disorder and Social Anxiety Disorder, there’s also Panic Disorder, Obsessive-Compulsive Disorder (OCD), and Post-Traumatic Stress Disorder (PTSD).
Polygraphs can’t prove guilt, but what’s the relationship between a polygraph test and innocence?
Polygraphs and Psychopathy
While nervous people often fail polygraph exams, certain other types of mentally ill people have a good chance of passing the test even if they’re lying.
Psychopaths, for instance, experience little to no guilt, so their bodily responses wouldn’t seem abnormal on a polygraph. There have been several instances of psychopaths beating polygraph tests.
Polygraph tests function by using simple questions with verifiable answers to establish a baseline, such as, “When is your birthday?” or “What is your full name?” If your baseline is the same as when you’re lying, the difference won’t be detected.
Mental Health and Management
While several mental health conditions can affect lie detector test results, many claim that they won’t, so long as the person in question is being properly treated and medicated.
Unfortunately, anti-anxiety medications can also affect polygraph results, as can many other kinds of drugs, both legal and illegal.
Even neurotypical individuals can accidentally cause a false positive. The test responds to nerves and guilt, so feeling guilty for any reason can tamper with it. Perhaps the person you’re questioning witnessed the crime while on the way to see their mistress.
Examiner Error
Another factor that can muddle the test results is the examiner’s skill and experience. Since a polygraph exam measures bodily reactions, it will be useless to anyone who doesn’t know how to read it.
While examiners do go through some training, it’s not always easy to read a polygraph, and several things can throw off the results. The polygraph results can come out inconclusive. Which means that they can’t interpret the results accurately.
The Court Weighs In
The polygraph test was admissible as trial evidence nationwide for several decades, but that changed in 1998 when the Supreme Court decided passing a polygraph didn’t count as evidence.
These days, most states don’t even allow polygraphs to be presented as evidence in court. Of the 23 that do, many of them have imposed standards for when and how they can use a polygraph. For instance, they can’t portray the test as flawless, and all parties must consent to the test.
Given the dubious status that polygraphs hold in court, you shouldn’t be intimidated if an officer tries to scare you into a plea deal. They have no ground to stand on.
Know Your Rights
No matter who you are, it’s essential to know your rights. There are certain things the cops aren’t allowed to do to a person. Regardless of the charges.
One of the biggest, and most common rules police officers break, is intimidating or threatening you into a confession. If a cop ever tries to get you to confess by warning that you’ll need to take a lie detector test if you don’t, ignore them.
A polygraph exam is not required during an investigation. So, if the cops threaten you by telling you the test is mandatory, it is a lie. And, any evidence obtained illegally is not admissible in court. Thus, they can’t hold refusing to take a lie detector test against you.
Can a Lie Detector Prove Innocence
Is there a correlation between the results of a lie detector test and innocence? The best answer we can offer to this is maybe. There does seem to be a correlation between dishonesty and primary nervous function, but the whole story is far more complicated.
People often feel nervous and guilty when they lie, but they can feel anxious about countless other things as well. Meanwhile, some people won’t feel guilty and, therefore, won’t trigger the test.
Other factors, such as medicine and poor instruction, can influence the results.
If you need to understand how the legal process works or want to hire a lawyer, learn more about our team on our website.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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What Is Reckless Driving and Do I Need a Lawyer?
Are you wondering whether you need a lawyer after an accident?
Reckless driving results in around 6 million accidents on U.S. roads every year. These lead to millions of injuries and hundreds of thousands of fatalities. As such, the law requires people to avoid reckless driving whenever possible.
If you’ve driven in a reckless fashion, you may need an attorney. But many drivers don’t know what counts as reckless driving. Below, we’ll get into the different types of reckless driving. This will help you determine whether you need a car accident lawyer. Keep reading to learn more!
Reckless Driving: A Basic Definition
Reckless driving means operating a vehicle in a manner that is not careful or prudent.
Wise drivers take the dangers of the road into account when they get behind the wheel. They’re able to judge their position on the road as well as the curves and angles they need to navigate. They know the relevant driving laws in the United States and are able to drive in a way that prevents accidents.
To avoid reckless driving, people need to get their driver’s license. Getting your driver’s license provides you with the proper education about laws and the best driving techniques. When followed, these laws can help you avoid accidents and stay out of legal trouble due to reckless driving.
Reckless driving endangers lives, but you don’t need to be in an accident to get charged. If another driver notices you driving recklessly, they can report you to the authorities. Likewise, an officer can pull you over and issue you a fine or suspend your license.
Driving Under the Influence
One of the most common types of careless driving is operating a vehicle while under the influence of alcohol or drugs. Substances impair your ability to make the good, quick judgments necessary while driving.
They can also mess with your ability to drive in a straight line. Those who know they’re under the influence might drive significantly under the speed limit to keep themselves from getting in trouble. This can cause an accident since the other drivers are going faster.
Your spatial awareness also isn’t operating at peak performance if you’re drunk or high. Your reflexes also aren’t working as quickly. So, you’re more likely to hit another car and cause a serious accident.
Many people who are high or drunk overestimate their ability to operate a vehicle. So, it’s best to ask a friend to drive you home or use a transportation service if you’ve been drinking or taking drugs.
Criminal Charges and Driving Under the Influence
People who drive under the influence can get fined or incur criminal charges.
If you’ve received criminal allegations for driving under the influence, you’ll need a lawyer to help with your defense case. Hire one as soon as possible so your case can have the best potential outcome!
Distracted Driving
Distracted driving is the easiest form of reckless driving to partake in. As a driver, you have the legal obligation to keep your attention focused on the road at all times, even if there’s something else taking your attention away.
As such, many areas have banned distracting activities such as texting while you drive. You also shouldn’t use your phone at all unless you can do so in a hands-free way. Even changing the radio station or turning to face passengers in the backseat can cause a distraction.
As such, it’s always best to pull over if something needs to get addressed immediately. Otherwise, texts, calls, and all other forms of distraction can wait.
Distractions can also come from the outside. For instance, most drivers slow down to look at an accident or interesting roadside views. Yet, these can lead to accidents, so it’s best to avoid them.
Swerving Through Traffic
Swerving through traffic constitutes a third form of reckless driving. People swerve for several reasons. First, they may do it when there’s a lot of traffic and they don’t want to wait in long lines. Second, some do it when they’re about to miss an exit and need to move several lanes over.
Yet, swerving is never worth it unless you’re doing it to avoid an accident. You could end up getting fined or in a serious accident.
Instead of swerving, look for alternate routes to your final destination. This should get you out of traffic faster or help you re-route yourself after missing an exit.
Running Red Lights and Stop Signs
If you’ve run a red light or stop sign, you’ve driven in a reckless fashion. Some people do this on accident, but others blow through traffic stops so they can get to their destination faster.
To avoid running red lights and stop signs, you should make sure you’re directing the proper amount of attention to road signs and fixtures. Watch for people stopping ahead of you as well. This might alert you to a stop sign or red light you don’t see yet.
Drag Racing
Drag racing may sound fun, but it’s a sure way to get in trouble with the law or get in a huge accident. Racing on public roads gets dangerous because racers do not follow the laws or go with the flow of traffic. Instead, they often cut people off and create hazardous road conditions.
Street racing can earn you thousands of dollars in fines and some time in jail.
When Do You Need a Lawyer?
If you’ve received a criminal charge for reckless driving, you’ll need to hire a lawyer.
A good lawyer will take a look at your case and help you best navigate it. They’ll gather evidence to use in your favor in the court and try to get you acquitted or lessen your sentence.
Ready to Hire a Lawyer?
If you’ve read this and determined your situation was brought about by reckless driving, you should start looking for a lawyer as soon as possible.
The right legal professional will have years of experience working with clients like you. They’ll have a great reputation for practicing in their area as well.
Our team meets both of those objectives. If you need a lawyer today, contact us to learn more about what we can do to help you!
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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What Happens When a Driver Accepts a Plea Deal for a DUI?
One of the worst things you might think of happening to you is getting a DUI.
Florida has plenty of people who pay the price for this, with over 32,000 people in the state getting arrested for DUI charges last year.
When you think of a DUI, you may think of automatically losing your license or even going to jail.
But what if there was a way out of that? What if there was a way for you to have lighter charges against you than you might have expected?
A plea deal would be the best way for you to be able to take that option. This is what you need to know if you want to accept a plea deal.
Reducing Charges
In a plea deal, one of the key pieces of the negotiation between the prosecutor and the defendant’s lawyer is the reduction of charges. For a DUI, that can potentially mean avoiding jail time, reducing fines, and reducing the time of your license suspension.
When you accept a plea deal, one thing that might happen is that the penalties for your charges get reduced. An example would be that in Florida, you can be fined up to $1,000 for your first DUI.
Your DUI attorney may get a plea deal for you that reduces that fine to the state minimum of $500.
If you are lucky, other plea deals can allow you to have the DUI charge dropped entirely. One example could be that if there is not sufficient evidence to prove that you had a DUI. Such as a breathalyzer test. Then they may negotiate for you to accept a lesser charge that was piled on, such as unsafe driving.
These can be minor changes that end up on your record. But allow you to avoid a bigger criminal offense and more severe penalties from something like a DUI.
Number of Offenses
The number of offenses you have in the past will be a big factor in how much leniency you get with a plea deal. For example, it is highly unlikely that you will go to jail for your first offense for a DUI. You would most likely have more room to negotiate a plea deal in that situation.
Whereas if you are on your fourth offense, there are going to be higher minimum penalties for a DUI. Plus, the judge and prosecutor are going to be tougher on you. Because you keep coming back into their courtroom for the same charge.
Another example of this is the license suspension length. For a first offense, you may be able to get your months of suspension down to the minimum. But, on your fourth offense, it jumps up to a permanent license suspension with you not being eligible for hardship reinstatement for five years.
So, do not expect to get as easy a plea deal if you have more priors. The stronger the evidence and the case are for the prosecutor, the less negotiation room you have for your case.
Judge Can Reject It
When it comes to plea deals, they are generally made between a DUI lawyer and a prosecutor. What that means is even if an agreement is made between those two people, a judge has to sign off on it.
If the judge does not like what they are seeing on paper or feels that your punishment is too lenient. Then they have the power to reject the plea deal. They must declare this before you enter your plea. But nevertheless, that type of decision could impact whether you would want to plead guilty.
Say you get your fourth DUI and there is a negotiation going on between an attorney and the prosecutor over how much jail time you will serve. Those two may agree to give you 90 days in jail, which is just 60 days over the minimum amount required.
However, the maximum amount that you can give in this situation is five years, so a judge in this situation may feel like you are getting off easy by only having to serve 90 days. In that situation, they would reject your plea deal and demand that there be a longer jail sentence on your plea.
Avoiding Trial
One of the best reasons to take a plea deal is to avoid trial. For a DUI, you would have to be strongly confident that you are completely innocent of the charges that are against you.
Not going to trial allows you to avoid the possibility of facing even more severe penalties. And more severe charges on your record. On top of that, it can also save you a lot of money in attorney fees.
If you were to go to trial, you would have to pay your attorney more money for more hours of their time in a courtroom defending you. This is not always necessary. So in the case of a DUI, the majority of the time it is beneficial for you to take the deal to avoid this financial burden.
Hire a Lawyer to Get a Plea Deal
The best thing to have in your back pocket to get a plea deal is an experienced lawyer with DUI cases. Our representation can not only save you time but potentially save you money. As well as your privilege to drive, and even your freedom.
Are you a loved one looking for representation to try to get a deal for your DUI charge? Contact us today to learn more about what steps to take.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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What Traffic Violations Are Considered Criminal Offenses?
Whether it’s a traffic issue or any other part of life, we all want to keep our noses clean and stay out of trouble with the law. But if you see the flash of blue lights in your rearview mirror, you might wonder if you’ve committed a criminal offense.
There is a difference between going a few miles over the speed limit and committing a serious traffic violation. We’re going to shine a light on exactly what traffic violations are actually crimes.
Read on to find out what traffic violations are actually criminal offenses.
Traffic Violations: What’s the Law?
A traffic violation is any unlawful activity that occurs while you are operating a motor vehicle. Generally, each state has its own laws for this, so there are no federal traffic crimes as such. Federal agents do not usually have the authority to issue traffic tickets but can call the police to do so.
Many states categorize traffic violations in three ways:
- civil infractions
- misdemeanors
- felonies
It’s important to note that the police will take other factors into account when classifying the offense. This includes your prior convictions and the level of damage to people or property.
Traffic Infraction
A traffic infraction can also be known as a violation or a civil infraction. Although the action is against the law, it is not a crime.
This could include:
- failing to stop at a stop sign
- failing to signal
- not wearing a seat belt
- speeding (usually 5 – 10 mph over the limit)
- red light violations
So rest assured, if you got a couple of speeding tickets for going 5 miles over the limit, you are not a criminal. You have not committed traffic crimes. You will almost certainly, however, get demerit points on your license and a fine.
Traffic infractions are often broken down into two further groups – moving and nonmoving violations. Moving violations are usually the more serious, as there is greater risk involved.
Criminal Traffic Offenses: Misdemeanors and Felonies
Infractions are not punishable by jail time. A traffic offense that is punishable by imprisonment is usually considered to be a criminal offense. There are two types of criminal offenses: misdemeanor and felony.
As the name suggests, a traffic misdemeanor is a violation of traffic law. Many offenses can be either misdemeanors or felonies. The difference is usually the risk of harm to others that the violation causes.
For example, an infraction like speeding may become a misdemeanor. This happens in certain states if the driver exceeds the speed limit by an excessive amount. Serious speeding can be a traffic felony. In this case, it could become reckless driving.
Examples of traffic violations that are misdemeanors include:
- DUI – driving under the influence of drugs or alcohol
- driving while suspended
- hit-and-run
- vehicular homicide
- reckless driving
- expired registration
Some of these could become traffic felonies if certain aggravating factors are present. These include:
- being a repeat offender
- causing damage to property or people
- causing death
Repeat offenders face stiffer penalties in all states for the same offenses.
What Is a Habitual Traffic Offender?
Many states charge repeat offenders as habitual traffic offenders (HTOs). Each state has its own criteria for what qualifies as such. If you receive a certain number of convictions within a set period, you can face losing your license, hefty fines, and jail time.
If this is likely to happen to you, take legal advice. Get on board with driver improvement programs to get as far away from this as possible.
How States Handle Traffic Violations
For example, in the State of New York, a first DUI (known as a DWI – driving while intoxicated) may be a misdemeanor or a felony. This depends on aggravating factors. For your first offense, you could face a mandatory fine of $1,000-$2,500 and a maximum of 1 year in jail.
If you face a second aggravated DWI, you could face a mandatory fine of $1,000-$5,000 and up to 4 years in jail. A third could get you 7 years in jail, and a mandatory fine of up to $10,000.
Other states handle a first DUI differently. They may impose a fine and send you to mandatory alcohol addiction classes. However, other states have a zero-tolerance approach to driving while under the influence.
Each state will have its own way of classifying and handling traffic violations. The one thing they all have in common? Obey traffic laws, drive carefully, and you’ll never have anything to worry about.
How Traffic Violations Are Handled
The majority of minor traffic infractions result in a ticket from a police officer on the spot. But if you are charged with one of the major traffic violations we have discussed, the process is different.
Depending on the situation, the officer may arrest you. After charging you at the station, you will then appear in court to face the charges against you.
If you ever get into a car accident, whatever has happened, do not leave the scene. This in itself can become a serious traffic crime.
Appearing in Court
Whenever you receive a traffic ticket, you will be summoned to appear in court. Usually, you will have to pay a fine.
In more serious misdemeanor and felony cases, you may be facing a heavy fine, suspended license, probation, and possibly jail time. You will also now have a criminal record, which can affect your future job prospects.
You will need to hire a lawyer with proven experience in this type of case. An experienced lawyer can argue your case and help to get possible fines reduced or jail terms reduced to probation.
Without proper legal support, you are more likely to face severe consequences.
Traffic Violations? Find the Right Lawyer
Facing court for traffic violations is a scary business. If you ever find yourself in that situation, you need a crack legal team on your side to fight your case.
At RHINO Lawyers, your case is our passion. We focus on auto accident law. We will fight to get the best possible outcome for your individual situation.
Contact us today for a free case review.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Should You Hire a Lawyer to Help Fight Your Traffic Ticket?
Getting a traffic ticket is not a delightful experience at all. But after getting one, there is no going back. You must take the bull by the horns.
While many people pay the ticket and move on, you may want to hire a lawyer to help contest and fight your traffic ticket.
Do you know that more than 41 million drivers get a speeding ticket annually in the US? While getting a traffic ticket is not a felony or misdemeanor, it can have some serious and far-reaching consequences. For instance, you may have to pay hefty fines, temporarily lose your license, or shoot up your insurance costs.
Do you feel upset and stressed after getting a traffic ticket that you didn’t deserve? A reputable traffic ticket lawyer is invaluable to get the ticket dismissed.
But do you know not every attorney can help? Yes, every ticket defense attorney is unique, and finding the most suitable one for you is imperative. The wrong choice will only add salt to the injury.
Maybe you are wondering if you really need an attorney in your situation. Keep reading to know the reasons to hire a traffic ticket attorney.
They Know How to Get You Out of It
A well-established attorney has already dealt with multiple traffic ticket cases and knows the right way to get their clients out of it.
A lawyer can easily find a mistake in the traffic ticket or know how to prove that you didn’t commit any traffic offense. If they find a mistake or error on the ticket, then be sure the ticket will be dismissed.
However, if you are fighting alone to have the ticket dismissed, you can miss such errors. Also, you don’t know the right steps to navigate through the process. This means you may end up wasting your time and finally pay for the ticket.
To be assured you can get out of the ticket, finding an experienced attorney is necessary.
Traffic Attorney Knows Your Rights
Do you know the rights and privileges you have as a driver in your state? Well, a lawyer is adept in traffic laws and can easily manipulate this to get your ticket reduced or dismissed.
An experienced attorney also knows how to represent you before a judge and fight for your rights. You will have peace of mind knowing an attorney with a full understanding of the law represents your best interests.
They Are Less Expensive Than You Think
Most people think of paying boatloads of money when they hear of hiring an attorney. It might be true in some cases, but not when fighting for a traffic ticket. A traffic attorney is not too expensive for you; if they were, they wouldn’t exist.
The main intent of hiring an attorney is to have your traffic dismissed or reduced, right? Then why would you hire an attorney whose fees are higher than the fines on the ticket? Most of these attorneys charge reasonable and affordable rates for their clients.
Remember, handling a ticket will take the lawyer much less time than when handling a felony. This implies that an attorney can handle multiple cases simultaneously and doesn’t have to be expensive.
You don’t have to break the bank while hiring an attorney to fight your traffic ticket; find one today.
They Can Get Your Traffic Ticket Reduced
Let’s be honest. What if you deserved the ticket, but you are charged hefty fines? Do you still have to pay them?
While you have to take responsibility for the traffic offense, you don’t have to pay the entire fine. A trusted traffic attorney can help you to get the ticket reduced.
A good lawyer has proven skills in negotiating on behalf of their clients to reduce the fines drastically. They have in-depth knowledge of the matter and know what to use to convince the judge to reduce the fines. Can you achieve this on your own without any legal background in traffic offenses?
Regardless of your situation, the best traffic lawyers can help you out.
Experienced Lawyers Intimidate Prosecutors
You’ve probably heard the saying, “when the big brothers show up, bullies calm down.” That is what happens when you hire an experienced traffic ticket lawyer to represent you.
When representing yourself, the prosecutor is not scared at all. Furthermore, they already know you can’t push so hard and will push you to the wall or make you accept the charges. Representing yourself is likely to get you severe penalties or pay higher fines.
When a reputable traffic lawyer represents you, the prosecutor knows they can’t bully you. The lawyer has worked with them already and knows the tips and tricks to have the traffic ticket stand. The attorney can easily help you pay reduced fines or, better, walk away scot-free.
Traffic Attorney Will Represent You in Trial
If you are going to contest your traffic ticket, you will need to appear in court at least twice. However, with the right attorney, you don’t have to go to court at all. You won’t have to cancel all your schedules to appear in court since your attorney will do that on your behalf.
They have spent numerous hours in the courtroom and possess extensive knowledge of what to focus on during the trial. You will thus carry on with your daily activities and have a professional take care of your traffic ticket.
Hire a Lawyer to Fight Your Traffic Ticket
Getting a traffic ticket doesn’t imply that you are bound to pay. A skilled traffic lawyer can get the ticket reduced or dismissed altogether. While you may think you are guilty, having your ticket reduced or dismissed won’t hurt.
Above are some of the reasons to hire a traffic lawyer.
Are you looking for a traffic lawyer in Florida? At RHINO Lawyers, we’ve got you covered. We are committed to forming a lasting relationship with every client, and with our years of experience, we can help you get a favorable legal outcome.
Contact us today for a free consultation.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Received a Traffic Ticket? What You Need to Do Right Now
Have you recently received a traffic ticket and are unsure of how to proceed? Do you want to see if there is a way to avoid the points that will be added to your driver’s license? If so, then you need to learn all that you can about getting help with a traffic ticket.
Doing so can help you minimize the damage. Rather than adding points to your license, you can hire a Florida traffic ticket defense attorney. They can help you avoid the court date and points.
See below for an in-depth guide on what you should do after you’ve received a traffic ticket for speeding. Or any other violation.
1. Be Respectful and Cooperative
Whenever you’re pulled over by a law enforcement official, the single worst thing that you can do is show an attitude or be intentionally uncooperative. Doing so might result in something far worse than a speeding ticket.
Truth be told, those officers are human, just like you. They might take it easy on someone respectful and honest after being pulled over.
Just to clarify, being polite won’t guarantee that you get out of a ticket. Some situations might force their hand, such as catching you going 15 mph over the speed limit. By the way, speeding has been proven to slowly damage your car.
When you’re pulled over, get to the side of the road safely, put your car in park, turn the car off, and then place your hands on the steering wheel. Answer the officer’s questions without pigeonholing yourself or admitting that you were guilty.
Stay as relaxed as possible. If the police officer does hand you a traffic ticket, simply accept it, thank them, and then wait for them to give you the “ok” to drive away.
You’ll still have plenty of time to fight the traffic ticket you were given, but that comes later after you’ve hired an attorney. When on the scene, act respectfully even if you don’t feel that you deserved a speeding ticket. Fighting it will just make matters worse.
2. Know the Typical Process for Traffic Tickets
After you’ve received your traffic ticket, there are two routes that you can choose: either fight the traffic ticket or pay for it. We would strongly advise against doing the latter, but let’s take a look at what you can expect if you did just decide to pay for the ticket.
First, you will be assigned a court date, which the police officer will assign to you when they initially hand you the traffic ticket. If you’re planning on paying for the ticket, then you won’t have to appear for the court date; just pay the ticket and move on.
There are certain situations in which you will have to appear in court for a traffic ticket, such as if you were accused of reckless driving.
Paying the ticket is essentially admitting guilt to the traffic violation. As a result, you will have points added to your driver’s license. When your car insurance provider finds out, they will raise your car insurance premiums, thus costing you more money month to month.
3. Reach Out to a Trusted Traffic Ticket Defense Attorney
Now that we’ve seen what would happen if you simply rolled over and paid the traffic ticket you were given. Now let’s look at the other end of the spectrum. What if you decided to fight the ticket?
First, you would want to start by finding a trusted traffic ticket defense attorney. Just to clarify, you can reach out to an attorney regardless of whether you feel you were guilty or not.
Upon reaching out to the traffic ticket defense attorney, you’ll be able to relay what happened in as much detail as you can. Once you’re finished, they can offer their services to you and help you make the ticket disappear.
Granted, not all ticket traffic defense lawyers are created equally, so be sure to hire us at RHINO Lawyers. We have a reputation that trumps all others. And we’ve helped thousands of drivers dismiss their traffic tickets and vow to do the same for you.
We’re so confident in our abilities that we offer a promise. We’ll get you out of your court date and have no points added to your driver’s license or we’ll give you your money back*.
*Speeding 29+ MPH ineligible. Court costs additional if any.
What If You Don’t Take Either Action?
Some out there decide they won’t take either route. They won’t pay the ticket, but they decide not to hire a traffic ticket lawyer either. What would happen if you went down that path?
Nothing good. If you don’t pay your traffic ticket, then the court can take several actions. They can have your driver’s license suspended, and they will likely charge you more fines for the tardiness. Plus, they may even issue a warrant for your arrest.
Make sure to hire a traffic ticket lawyer who can get that ticket dismissed. That way, when insurance providers look at your driving record, it will appear as if nothing ever happened.
Get Help With Traffic Ticket: Hire a Traffic Ticket Defense Lawyer Today
Now that you have seen an in-depth guide on what you need to do after you have received a traffic ticket in the state of Florida. Be sure to use this information to your advantage.
Take the time to read this article for more information on the five strategies you can use to get out of a traffic ticket. To get started, please reach out to us by phone at 844-744-6677. We will be happy to assist you further.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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