Criminal Law

The Differences Between a Felony and a Misdemeanor

Not all criminal charges are the same. Offenses are charged according to the harm they inflict on others and in some cases, the circumstances of an individual case and the defendant’s previous criminal record. In Florida and most other states, criminal offenses are classified into two broad categories: felonies and misdemeanors. The court processes for felonies and misdemeanors differs slightly, but both require that the defendant be proven guilty beyond a reasonable doubt in order to conv...

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8/25/2017 Comments(0)

Is a DUI in Florida a Misdemeanor or a Felony?

Driving under the influence of alcohol DUI is a criminal offense . How a DUI is charged depends on the individual’s past record of DUI convictions. An individual can be convicted of DUI if his or her blood alcohol level BAL is found to be 0.08 percent or higher while he or she is in control of a motor vehicle. For drivers under the age of 21, it is illegal to drive with a BAL of 0.02 percent or higher. BAL is measured with an electronic device known as a Breathalyzer, which uses a breath s...

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8/21/2017 Comments(0)

NTSB Pursuing Lower Blood Alcohol Concentration Limits in States

In Florida a driver can be charged with Driving Under the Influence DUI when the driver has an unlawful alcohol or breath alcohol level of .08 or higher. At present, almost all sates limit a driver's legal blood alcohol concentration BAC to .08 g/dl. The National Transportation Safety Board NTSB is pushing for states to lower their blood alcohol concentration limits. The NTSB states : "When it comes to alcohol use, we know that impairment begins well before a person’s BAC reaches 0.08 perc...

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Draper Law Office 6/20/2017 Comments(0)

Plea Agreements Versus Going to Trial

If your case is not dismissed after filing a Motion to Dismiss, then it is likely that your case will go to trial or be resolved with a plea agreement. If the prosecution offers you a plea agreement, you will have the opportunity to decide whether or not to accept the terms of the plea agreement. If you do not accept a plea agreement then your case will go to trial. In most adult criminal trials, a jury will decide whether you are guilty or innocent of the crime of which you are charged. You hav...

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Draper Law Office 6/5/2017 Comments(0)

Florida Traffic Crimes

Florida is known to be tough on Driving Under the Influence DUI cases. Beyond DUI cases, the State of Florida routinely prosecutes a number of other traffic crimes. It is important to understand there are two types of traffic laws a driver my violate. They are moving violations and criminal traffic violations. A moving violation is a traffic offense where a driver receives a ticket and must pay a fine. Moving violations include speeding tickets, running a red light ticket, ticket for failure to ...

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Draper Law Office 5/16/2017 Comments(0)

Do I Have To Submit To a Breathalyzer in Florida?

Florida law requires you to take a breathalyzer, or other chemical or physical test to determine blood alcohol content, if you are lawfully arrested. This means that if you are arrested under suspicion of driving under the influence, then you are required to submit to a breath, blood, or urine test, or face an automatic suspension of your license. Under Florida's implied consent law , being given a drivers license from the state is a privilege. In accepting that privilege, drivers are deemed to ...

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Draper Law Office 5/10/2017 Comments(0)

DUI Charges When Not Actually Driving In Florida

It is not a well-kept secret that the state of Florida is tough on Driving Under the Influence DUI cases. DUI charges are filed when the driver has an unlawful alcohol or breath alcohol level of .08 or higher. DUI arrests and prosecutions are not only common in Florida, what constitutes a DUI is broad under the Florida Statute. For example, a driver operating a bicycle or boat can be charged with DUI just as a driver of a car can be charged. Moreover, it is possible for a person can be charged w...

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Draper Law Office 4/18/2017 Comments(0)

Florida DUI Penalties

If you have been arrested for DUI, we know you have a lot of things you are worried about. You are worried about how a DUI charge will affect your family, your job, your car insurance premiums. Of course, one of the biggest concerns are the DUI penalties and fines you may be facing. Driving Under the Influence DUI charges are common in the state of Florida. Our state's law enforcement officers are known to be tough on crime, with DUI arrests and prosecution being no exception. DUI charges are fi...

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Draper Law Office 4/12/2017 Comments(0)

Should Your Kissimmee Criminal Case be Appealed Based on Unfair Trial?

If you were convicted of a crime, should you appeal? It depends. You can't just appeal because you don't like the decision. Among the common reasons for...

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Draper Law Office 10/28/2016 Comments(0)

5 Aspects of a Kissimmee Criminal Case That a Lawyer Should Handle

People often assume the only time to hire a lawyer in a criminal case is when the charges against them are...

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Draper Law Office 10/28/2016 Comments(0)

Do You Know This DUI Terminology?

A drunk-driving arrest is serious business. Even if you never drink and drive, it pays to understand the DUI lingo because perfectly sober people get pulled over for DUI too. That's when knowing what the police and lawyers are saying is very helpful. DUI Legal terms DUI An acronym for "driving under the influence," a DUI is a term that refers to the crime of operating a motor vehicle under the influence of drugs and/or alcohol. DWI An acronym for "driving while intoxicated," in many states a DWI...

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Draper Law Offices 1/28/2016 Comments(0)

Getting a Hardship License after a DUI

Everybody makes mistakes, but when that mistake includes getting behind the wheel while intoxicated, most states will take away your driving privileges. But many states do recognize what a burden that can be on people whose families depend on them for income or who need to get their education. In those cases, many states will allow you to obtain what's known as a hardship license. A hardship license comes with limits, though. The laws vary by state. For example, in some states, like Florida, wou...

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Draper Law Office 9/3/2015 Comments(0)

Choosing a Criminal Defense Lawyer for My Child’s Case

Has your child been charged with a crime or is facing a juvenile delinquency case ? Probably the most important decision you can make right now is who you choose to represent them in court. Even if you know they committed the crime, it's vital that they have a qualified professional to protect their rights and advise them or they could easily be convicted of a more serious crime or do more time than is really warranted, which can negatively impact the trajectory of the rest of their lives. Not o...

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Draper Law Office 2/12/2015 Comments(0)

Criminal Defense: Is It Better to Plead Guilty?

Before we go into the pros and cons of pleading guilty, we should make one thing very clear. We aren't suggesting innocent people have to plead guilty, nor are we saying there's a set of rules that dictate what you should do. Every case is different, and your desired outcome or potential consequences impact what your personal actions should be. You should always consult an attorney before deciding what to do. That said, this is a rundown of the pros and cons of pleading guilty . Disadvantages of...

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Draper Law Office 12/2/2014 Comments(0)

Do I Need an Orlando Criminal Defense Lawyer?

Have you been implicated in a crime? You probably have a thousand questions, the first of which is almost always, "Do I need a lawyer?" The reality is it's always safest to have a lawyer during a legal proceeding of any kind. When it comes to criminal proceedings, there are few times when you should always consult a criminal defense lawyer . You Just Need Legal Advice Maybe you don't actually need an attorney to represent you in court, but that doesn't mean you don't have the right to consult wi...

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Draper Law Office 10/27/2014 Comments(0)


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