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Frequently Asked Questions
DUI FAQ:
It is possible based on the evidence. But this is true for any DUI. A DUI may be dismissed for
various reasons. For example, if the evidence is weak, there were procedural errors by the
officers, your breath sample was below impairment levels, medical problems that may explain
your condition, etc.
For a standard DUI in Florida, it is possible to get up to 6 months in jail. However, jail will
depend on a number of factors. Quite often, the most important factor is actually jurisdiction or
county. A first time DUI in Palm Beach is likely to receive less punishment than someone in say,
Port St. Lucie or Martin County. And Enhanced DUI or DUI Crash, could result in sentences of 9
months and 1 year, respectively.
DUI related crashes are responsible for a lot of lost lives. According to the AAA, approximately
30% of all traffic fatalities occurred in alcohol-impaired cases. This number account for
approximately a quarter of a million deaths between 2000 to 2022.
Consuming alcohol can impair your ability to drive safely and significantly increase the
likelihood of a crash. The effects can vary between lowering inhibition all the way to coma and
death. See safety information by AAA.
Most DUI arrest occur on the weekends and at night, as you might have guessed. And on
holiday, such as Fourth of July, New Year’s Eve/Day, St. Patrick’s Day, etc.
A DUI Diversion or “wet reckless” is when your case is reduced to a Reckless Driving charge and
you receive a withhold of adjudication (a non-conviction). Basically, they drop or nolle pros the DUI charge. You will be placed on probation for 12-months without any ability to early
terminate. DUI diversion is only available in limited situation for first-time DUIs.
A DUI can be dropped for any number of reasons: weak evidence, police error, first-time DUI
offender, lack of criminal history, low breath sample, clean urine or blood, plea bargain,
diversion program, etc.
It is estimated that between 30% to 40 percent of the DUI cases in Florida are ultimately
dismissed (this includes cases which are reduced to a DUI Diversion).
The severity of the sentence depends on whether it’s a standard, enhanced or DUI Crash. But
typically:
1. Probation
2. Suspended Driver’s License
3. DUI School with Any Recommended Treatment
4. Victim Impact Panel
5. Fine & Court Costs
6. Community Service
7. Random Drug/Alcohol Testing
8. Ignition Interlock
9. Vehicle Immobilization
10. And Possible Jail
Anyone arrested for a DUI in Florida must submit paperwork to the Florida Department of
Highway Safety and Motor Vehicles within 10 calendar days of the arrest to either challenge the
suspension or request a waiver (hardship license).
Your license is suspended once you are arrested for a DUI. However, you have a 10-day grace
period where you may carry your DUI ticket as a temporary permit to drive. This 10-day allows
you to apply for a hardship license or challenge the DUI arrest. See FLHSMV rules here.
After your DUI arrest, you license will be suspended. However, you may continue to drive using
your DUI ticket for 10 calendar days as a temporary permit. See FLHSMV rules here.
Criminal Defense FAQ:
If the theft is for less than $100, you can receive up to 60 days in jail or up to 6 months’
probation. If the value was for more than $100, you can receive 1 year in jail or up to 12
months’ probation.
Depending on your criminal history, the severity of the offense (amount involved), the victim’s
wishes, strength of the evidence, etc., you may be able to get the case dismissed or receive a
diversion.
Like most arrest, it will stay on your record forever, unless you have it expunged or sealed.
In Palm Beach County, most people charged with petty thefts are issues a notice to appear with
a court date, and are never taken into custody (jailed). If you are taken into custody, you may
be eligible for release on own recognizance (OR), supervised release (SOR) or a small bond,
depending on the situation and criminal history.
Petty theft is for good or money stolen less than $750.
For thefts less than $100, this is considered a petit theft and you can receive up to 60-days in
jail or 6-months’ probation. For amounts greater than $100 or for a second offense, you could
receive 1 year in in jail or 12 months’ probation.
Any theft of property for $750 or more is considered Grand Theft, which is a felony.
For amounts ranging between $750 to $20,000, a third-degree felony, you can receive a
sentence of up to 5 years in prison and $5000 fine. For amounts greater than $20,000, a
second-degree felony, you can receive a sentence of 15 years in prison and $10,000 fine. For
amounts over $100,000, a first-degree felony, you can receive a sentence of up to 30 years in
jail and $10,000 fine.
Grand Theft is for value of goods of $750 or more. Anything less than $750 is considered a
misdemeanor theft.
Yes. Depending on the outcome and severity of the grand theft, you may be eligible to have it
expunged or sealed.
Writing a fraudulent check is a third-degree felony in Florida, punishable by up to 5 years in
prison and $5000 fine.
For amounts less than $300, a first-degree misdemeanor, you can receive up to 1 year in jail
and $1000 fine. For amounts less than $20,000, a third-degree felony, you can receive up to 5
years in jail and $5000 fine. For amounts between $20,000 and $50,000, a second-degree
felony, you can receive up to 15 years in jail and $10,000 in fines.
The most common types of fraud in Florida are Organized Scheme to Defraud, Public Assistance
Fraud, Credit Card Fraud, Bank Fraud, Check Fraud, Insurance Fraud, and Possess a Fake or
Altered I.D. Card or Driver’s License.
There are a wide variety of drug charges, ranging from first degree misdemeanor to first degree
felony. With punishment ranging from up to 1 year in jail with up to 30 years in prison.
These include possession of any controlled substances without a valid prescription, possession
of marijuana in excess of 20 grams, sale, manufacturing, trafficking, just to name a few.
Drug trafficking can carry a minimum mandatory sentence starting at 3 years up to 30 years in
prison, plus fines, depending on the type and amounts of drugs.
It is possible. The amount, type of drugs, criminal history, circumstances, weight of evidence,
etc., will determine whether you get jail, fines and/or probation.
Virtual Appointments Available
We’d be happy to meet with you virtually via Zoom or phone. In some cases (usually Criminal Defense and DUI matters) you might not need to visit the office at all. Immigration and Expungement matters will likely require eventual visits to complete certain paperwork. If you choose a virtual consultation and decide to retain our firm, we can send your contract via email.
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