Fernandez Law Group on LinkedIn: #hitandrun #criminaldefense #criminaldefenselawyer #criminaldefenselawyers… (2024)

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Leaving the Scene of an AccidentA hit and run occurs when a driver fails to remain at the scene of an accident and follow the required legal procedures, especially when the accident involves injuries, fatalities, or property damage.The severity of penalties for a hit and run conviction varies based on the extent of harm caused. Leaving the scene of an accident that resulted in injuries to another person is considered a third-degree felony. In such cases, you might be subject to a maximum prison sentence of five years and a fine of $5,000. If the accident led to someone's death, it escalates to a first-degree felony, carrying a maximum sentence of 30 years in prison and a fine of $10,000.If it's determined that you committed a hit and run while driving under the influence, the court is obligated to impose a mandatory minimum sentence of two years, along with revoking your driver's license.https://lnkd.in/eknkGySS #hitandrun #criminaldefense #criminaldefenselawyer #criminaldefenselawyers #criminaldefenseattorney #criminaldefenseattorneys #tampalawyer #tampalawyers

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    What Is Conspiracy?According to Florida law, detailed in Florida Statutes Chapter 777, an individual commits the crime of conspiracy by agreeing, conspiring, combining, or working with one or more persons to carry out any offense. This act is categorized for sentencing according to subsection (4).Federal law, specified in 18 U.S. Code Section 371, defines "conspiracy to commit an offense or defraud the United States" as involving two or more people conspiring to commit any offense against the U.S. or to defraud the U.S.https://lnkd.in/eD4iNfKQ#criminaldefense #criminaldefenselawyer #criminaldefenselawyers #criminaldefenseattorney #criminaldefenseattorneys #lawfirm #attorneysatlaw

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    BAIL AND BOND HEARING LAWYERS:The bail and bond hearing lawyers at Fernandez Law Group are aggressive, dedicated, experienced and knowledgable in all types of bond hearings.Anyone can request services from our bail and bond hearing lawyers on behalf of a defendant, including a family member or friend, or the defendant themselves.We work hard to have bond reasonably set, reduced, or modified.When a defendant has legal representation from a bail and bond hearing lawyer that early in the proceedings, more opportunities become available for them.We are deeply committed to protecting and preserving the rights of our clients as soon as trouble arises.When a person is arrested they are typically entitled to a bond.The type of bond and the amount, if applicable, are set in accordance with the local bond schedule.Some bonds can end up becoming higher or lower than what the schedule calls for.In some cases where there is a felony punishable by life and sufficient proof is available and the presumption of guilt is great, then the defendant may not be entitled to a bond.This scenario typically occurs in many capital gains cases.Defendants arrested in the Tampa Bay area are entitled to appear in front of a judge within 24 hours of the arrest.Also known as theFirst AppearanceorInitial Appearance, the Judge will review the information contained within the arrest affidavit and determine whether or not enough probable cause exists against a defendant.During the sameFirst AppearanceorInitial Appearance, the Judge will also take the opportunity to affirm, lower or raise the bond that was set upon the defendant at the time of booking.Every defendant has the right to request a reasonable bond.Additionally, defendants have a right to request that his or her bond be lowered at the time of theirFirst Appearance. Without question, bail and bond hearing lawyers who have experience in these types of situations understand how to help defendants get the bond reduction they are seeking.#criminaldefenselawyer #criminaldefenselawyer #criminaldefenseattorney #criminaldefenseattorneys #tampalawyer #tampa #tampabay https://lnkd.in/eVYM5hwN

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    RECKLESS DRIVINGAccording to Florida Statute section 316.192, a prosecutor can secure a reckless driving conviction against you if they prove beyond a reasonable doubt that you operated a vehicle with a deliberate disregard for the safety of others or property. Specifically, if you attempt to evade a law enforcement officer in your vehicle, it automatically constitutes reckless driving. In simpler terms, if you try to avoid a ticket by accelerating away from an officer, you can be convicted without the need for the prosecutor to demonstrate deliberate recklessness.Reckless driving constitutes a criminal offense. A first-time conviction can result in a maximum imprisonment of 90 days, a fine ranging from $25 to $500, or both. For subsequent convictions (second, third, or fourth offenses), the penalties may include imprisonment for up to six months, a fine ranging from $50 to $1,000, or both.#criminaldefense #criminaldefenselawyer #criminaldefenselawyers #criminaldefenseattorney #criminaldefenseattorneys #tampalawyers #tampalawyer #pinellas #pasco #hillsboroughhttps://lnkd.in/e28fbTVs

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    TRAFFIC TICKET LAWYERSLaw enforcement agencies across the U.S. issue about 41 million traffic citations per year – or about 78 tickets every minute, according to the National Highway Traffic Safety Administration,Although many of these offenses are relatively minor, serious criminal traffic charges can often result from a simple traffic stop.An experienced traffic defense attorney can have a major impact on whether or not a more favorable outcome can be achieved.They can also help motorists keep their drivers license in situations where they may have lost them.The most common traffic misdemeanor charges in Hillsborough County include:*Driving with no valid license*Driving with a suspended license*Reckless driving*Hit and runThe above types of traffic crimes almost always result in an arrest on criminal charges. The consequences for these types of criminal charges are much more severe than a civil infraction such as a speeding ticket or a citation for running a red light.#trafficticket #traffictickets #speedingtickets #dwls #hitandrun #tickets #lawyer #lawyers #attorney #attorneys #tampa #clearwater #stpete https://lnkd.in/e28fbTVs

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    FLORIDA LEADS THE UNITED STATES IN PRIVATE CIVIL CASES AND MOST ARE PERSONAL INJURY CLAIMSA recent analysis of over 260,000 court cases nationwide has revealed that Florida has over 31% of all civil cases in the country and the majority of those are personal injury cases.The comprehensive study encompassed data from more than 264,000 private civil cases across the United States.During a 12-month period, there were over 80,000 cases in Florida alone.82% of those cases were categorized as 'other personal injury' which makes it the most common type of private civil case within the state.Out of 80,689 civil cases in Florida, 66.102 were related to Other Personal Injury.This large number highlights the prevalence of personal injury cases in the state and also raises questions about the underlying causes and implications for Florida's legal and healthcare systems.Civil rights cases accounted fro 4% and contract cases account for 3%.Nationwide, 'Other Personal Injury' remains the most common type of case, at around 40% of all private civil cases.During the same time period, the United States had 105,478 cases falling under this category.Civil Rights cases make up 14% of the national total, and contract cases were responsible for 9% of the total.Florida has the most personal injury cases per capital, with 1237% more filings than the national average.Data was collected from USCourts.gov by comparing the number of cases with the population of each state over a period of 12 months. https://lnkd.in/eXwBpNBj#personalinjury #personalinjurylawyer #personalinjurylawyers #personalinjuryattorney #personalinjuryattorneys #injurylawyer #accidentlawyers #tampa #clearwater #stpete

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    DISTRACTED DRIVING IS A SERIOUS CONTRIBUTOR OF NEGLIGENCE IN CAR ACCIDENTSStudies show an outside person, object or event as the greatest distraction.A newly released study involved long-haul trucks for 18 months by outfitting the cabs with video cameras. They found when the drivers texted,their collision risk was 23 times greaterthan when not texting. The study also measured the time drivers took their eyes from the road to send or receive texts.In the moments before a crash or near crash, drivers typically spent nearly five seconds looking at their devices– enough time at typical highway speeds to cover more than the length of a football field.*Research shows that over half of U.S. drivers report using a cell phone in the past 30 days.*One in seven admit to texting while driving.*Forty-six percent of 16 and 17 year old drivers say they text while driving.*Forty-eight percent of 18 to 24 year old drivers text and drive.*Sixty-seven percent of 25-34 year old drivers talk on their cell phones while driving.*Sixty-five percent of people with a college education talk on their cell phones while driving.*The higher the level of education, the higher use of the cell phone.When you take those statistics into account, it comes as no surprise that the majority of all auto accidents involving personal injury of one or more people are the direct result of the negligence of another person.https://lnkd.in/ebzRM_v#personalinjury #personalinjurylawyers #caraccident #caraccidents #injury #injurylawyer #injurylawyers #lawyer #lawyers #attorney #attorneys

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    SEAL OR EXPUNGE A CRIMINAL RECORD:If you, a child, family member, or anyone close to you has ever been arrested, convicted, or both; then you know how difficult the consequences can be later on in life. Often times it can hinder progress for those who are trying to move on and improve their lives. Landlords may deny leasing or renting and employers may skip over your application for someone with a clean record. In some cases, the opportunity may exist to seal or expunge your criminal record.Florida law provides an option for qualifying individuals to have certain criminal arrest records sealed or expunged if those records stem from a single arrest or incident.**If you had a Withhold of Adjudication, you are able to get a charge sealed/expunged. **You are not able to get a charge sealed/expunged if you have been Adjudicated Guilty.https://lnkd.in/eXZP98tC#expungement #seal #expunge #criminaldefense #criminaldefenselawyer #criminaldefenseattorney #clearwater #tampa #stpete #hillsborough #pinellas

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    CALLS WITH LAW ENFORCEMENT CAN BE RECORDED WITHOUT THEIR CONSENTLaw enforcement officers performing their official duties can be secretly recorded because they have no expectation of privacy in a recent ruling by a Florida appeals court.This ruling effectively opened up a loophole in the state's long-standing law against recording telephone conversations without the permission of both sides of the call.Stemming from a dispute with the Citrus County Sheriff's Office dating back to 2018, the case involved Michael Leroy Waite of Floral City.In its ruling, the Fifth District Court of Appeal in Daytona Beach threw out five felony wiretapping convictions and deemed that the recording was legal as it involved public business.The ruling also enhances civilian oversight of law enforcement but contracts recent legislative moves by Gov. Ron DeSantis.The Citrus County Sheriff’s Office has been engaged in a lengthy dispute over access to Waite's property since 2018. The situation escalated after wildlife officers — accompanied by deputies holding rifles — sprayed herbicides in a canal off the Withlacoochee River along Waite’s property in west-central Florida.In January 2021, Waite called 911 to report what he believed was a trespassing incident by the sheriff and said he wanted to have the call recorded for a complaint against the sheriff. That same day, Sgt. Edward Blair called Waite back — and Waite recorded the three-minute phone conversation but did not inform Blair he was doing so, the court said.Waite emailed his recording of the call to the sheriff’s office records department and requested an internal investigation. A month later, Waite was accused of five counts of illegal wiretapping for recording the conversation with the sergeant and four other calls with sheriff’s employees.Waite’s case underscores the public’s ability to hold police accountable. However, it didn’t address potential misconduct by the sheriff’s office. Waite hopes his case promotes accountability and prevents officer misconduct.The appeals court overturned the trial judge’s decision and ordered the judge to dismiss the wiretapping charges.https://lnkd.in/eXwBpNBj#legalnews #legalupdates #newsletter #criminaldefense #personalinjury #criminaldefenselawyer #personalinjurylawyer #criminaldefenseattorney #personalinjuryattorney

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    DRIVER EXCHANGEIn Florida, a Driver Exchange Report is a document used after a car accident to exchange information between drivers involved in the incident. It typically includes details such as:*Names, addresses, phone numbers, and driver's license numbers of all drivers involved.*Vehicle information, including make, model, year, and license plate number.*Insurance information, including policy numbers and the name of the insurance company.*Contact information for any witnesses to the accident.*The location, date, and time of the accident.*A brief description of how the accident occurred.It's important to note that while completing a Driver Exchange Report is required by law in Florida if the accident resulted in injury, death, or property damage exceeding $500, law enforcement should be notified and a formal accident report may be required. Always follow the guidelines provided by law enforcement and your insurance company after an accident.https://lnkd.in/ebzRM_v#accident #accidents #report #injury #injurylawyer #injuryattorney #injurylawyers #personalinjury #personalinjurylawyers

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