Beginning July 1, 2013, the rules for the administrative suspension of a driver’s license after a DUI arrest, and the right to review that administrative suspension will change.
Changes to Florida’s DUI Administrative Hearings
For individuals who have never been accused of DUI or a related offense, the individual will now have three choices:
We have been informed by the DMV that it is not the dated that the person requests the hearing that controls, but the date of the DUI arrest. Under that reading, if the arrest and notice of suspension are dated June 30, 2013, then the person does not have the option of avoiding the hard suspension by immediately requesting a “review of eligibility.” But if the DUI arrest and notice of suspension are dated July 1, 2013 or later, then the new rules control.
It is also our understanding that if the DMV determines the individual is not eligible, then the DMV will still let the individual request the formal review hearing as long as the request is made within the 10 days of the arrest. When you first look at it, this looks like a big improvement over the current rules. [It might put a few hearing officers out of a job and save the tax payers a lot of money on the officer’s overtime pay].
But here is the problem. That decision must be made within the first 10 days after the DUI arrest when the notice of suspension is issued. So the attorney has no idea what documents might be submitted into the record if a formal review is requested. In other words, the attorney will have to advise the client about waiving this important right before the attorney knows anything about the case. Once you request the formal review hearing, then you cannot later change your mind and request the “review of eligibility.”
Secondly, the client is being coerced into waiving a very important right with long lasting consequences. This is especially true since a second refusal can be charged as a separate crime.
Maybe that was the point. It would be hard to imagine a case in which my client would want to risk a 30 or 90 day hard suspension on a chance of winning a hearing to invalidate the suspension. Most people need to drive to work, so it seems like this new rule will coerce people into waiving this important right.
Individuals with a prior DUI conviction or administrative suspension will still want to request and litigate all issues at a formal review hearing since there is no downside to the request (at least as far as I can tell at this moment). It would be better if the attorney could request the formal review hearing, review the packet, advise the client on the chances of success at the formal review hearing, and then decide to waive the formal review hearing by requesting review of eligibility for the restricted driving privilege. But it doesn’t look like that is allowed.
Florida Statute Section 322.2615
Effective July 1, 2013, Florida Statute Section 322.2615. “Suspension of license; right to review” will provide: “[t]he driver may request a formal or informal review of the suspension by
the department within 10 days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege under s. 322.271(7).”
Florida Statute Section 322.271(7)
So who is eligible for a restricted driving privilege under Florida Statute Section 322.271(7)?
Effective July 1, 2013, Florida Statute Section 322.271(7) will provide: Notwithstanding the provisions of s. 322.2615(10)(a) and (b), a person who
has never previously had a driver license suspended under s. 322.2615 [an administrative suspension], has never been disqualified under section s. 322.64 [related to operating a commercial vehicle while under the influence], has never been convicted of a violation of s. 316.193 [DUI], and whose driving privilege is now suspended under section s. 322.2615 is eligible for a restricted driving privilege pursuant to a hearing under section (2).
(a) For purposes of this subsection, a previous conviction outside of this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other alcohol-related or drug-related traffic offense similar to the offense of driving under the influence as provided in s. 316.193 will be considered a previous conviction for a violation of s. 316.193, and a conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is considered a conviction for a violation of s. 316.193.
(b) The reinstatement shall be restricted to business purposes only, as defined in this section, for the duration of the suspension imposed under s. 322.2615.(c) Acceptance of the reinstated driving privilege as provided in this subsection is deemed a waiver of the right to formal and informal review under s. 322.2615. The waiver may not be used as evidence in any other proceeding.
A few other changes:
You can expect: A free initial consultation with Brian Mallonee. Personalized attention. We will return your phone calls promptly, keep you informed, and answer all questions to help you put the pieces back together. Reasonable Fees. You will know in advance how you will be charged. Experience. Brian H. Mallonee has handled 100’s of DUI cases. Aggressive Representation. Brian Mallonee will zealously guard your rights throughout the entire process. So, if you want a DUI criminal attorney in Fort Pierce, Port St. Lucie, Vero Beach, Stuart, or Okeechobee that you can talk to, who understands what you want, who is interested in you and your situation, and who fights to get you results, contact Brian Mallonee at 772-464-1991.
Criminal Defense Specialties in Saint Lucie County Florida
Federal Crimes | State Crimes | Computer & Sex Crimes | DUI & DWLS | Drug & Narcotic Crimes
Violent & Gun Crimes | Theft & Property Crimes | Juvenile Crimes
Probation Violations | Record Sealing
A state, in the American governance, takes responsibility of criminal laws enforcement in few areas. The other areas are handled by the Federal government. When the two overlap, the government agency decides on who will bear the responsibility. A crime handled by the Federal government is graver than crimes that the State deals with, and the subsequent penalty is harsher – a mandatory term of serving 5 to 10 years in a Federal prison is the most common form of punishment. For cases tried in both courts, Federal court charge is more serious.
What are Federal Crimes?
Federal court crimes are villainous. The damage, treachery and intentions are vile, amoral and beastly. Examples of federal crimes are:
Money offered with the intention of manipulating the decisions of the taker in exchange for services, information, goods or anything else, charges of bribery is slapped regardless of whether you accept or refuse the bribe.
Engagement in activity with the intention of defrauding a bank of funds and the unauthorized false use of credit cards to obtain goods of value is termed bank fraud crimes. Speculation of future value of currency is a federal crime also.
Illegal acquirement of property or personal possession forcefully by threatening, violence and fear is called extortion. Any property thus obtained is a culpable crime.
Untraceable and illegitimate source of investment or money transfer from drug transactions, racketeering and other fraudulent schemes are money laundering crimes.
Computer crimes include interfering and damaging communication systems that are controlled by the United States for civil defense and military use only, unauthorized access to communication content (wire, electronic or oral) and customer records, and hacking into bank, credit card information.
Cyber crimes include hijacked accounts, cyber-extortion, character assassination, identity theft, online child exploitation and child pornography.
Federal Crime in Hobe Sound, Florida
Hobe Sound, an unincorporated area, is a part of Port St. Lucie Metropolitan Statistical Area. It is considered one of the safest towns in Florida with a crime index of 30 (safer than 30% of other cities in the U.S). Hobe Sound Federal Crimes per square mile are only 11.1% higher than the national median of 39.3 in a population of 11,521 people (according to demographic survey, 2010).
Brian Mallonee is Board Certified in Criminal Trial Law, which is the highest recognition awarded by the Florida Bar. He is also AV® rated by Martindale-Hubbell, a peer-review designation indicating that a lawyer has reached the height of professional excellence. Mr. Mallonee is also a member of the Criminal Justice Act (CJA) panel, which is a highly selective and competitive process to represent indigent defendants in the federal criminal courts of the southern district of Florida. For more information about Hobe Sound Federal Crimes or to speak to Mr. Mallonee, complete an free online consultation request or call (772) 464-1991.
In U.S. v. Sosa, No. 13-14141 (April 3, 2015), the Court rejected the argument of Medicare fraud defendants that their guilty pleas were not voluntary because the government did not disclose until sentencing that the government could have stopped the fraud, but instead allowed the loss to grow for months with the participation of a government cooperator. Had they known of the government’s inaction, the defendants would have contested the amount of forfeiture. Rejecting this argument, the Court found that the defendants “knew that the doctor involved in their four-month long conspiracy was a government cooperator.” Defendants also claimed that the plea agreement only agreed to forfeiture of two houses, not cars. The Court found that placed in context, the agreements did not state that the house-forfeiture would fully satisfy the money judgment.
Technically speaking, operating a vehicle after consuming alcohol is not illegal in itself. The crime of driving under the influence, also commonly referred to as a “DUI,” is defined as any situation in which an individual physically controls a car, truck, van, motorcycle, or any other motor vehicle while in a clear state of impairment, which is measured by the State as a blood alcohol (BAC) or .08 or more. Measurement of blood alcohol content is almost always crucial for the prosecution to have a solid case against the accused. With the help of a skilled Stuart DUI lawyer, you can avoid a DUI charge and all of the legal repercussions that accompany it. There are many ways in which a Stuart DUI attorney can approach help you avoid such a charge depending upon the specific details of the case.
DUI Defense Methods
DUI attorneys commonly experience success in their defense cases by solidifying the arresting officer’s DMV hearing testimony by ordering a transcript of the officer’s sworn testimony. This helps us by either deterring the arresting officer from altering his or her testimony at the suppression hearing or by allowing us to impeach the officer’s testimony after the officer has been coached by the prosecutor and as a result alters his or her testimony with the intention of legally justifying the original vehicle stop. In many cases, this results in the dismissal of the case as the arresting officer fails in his testimony to legally justify the initial vehicle stop or an inconsistency in the officer’s testimony is highlighted and attacked. However, if we cannot resolve your DUI case through pre-trial motions, we are equally prepared to take your case to trial. Perhaps the State is unable to prove who was driving the vehicle, or it may be possible to discredit the arresting officer’s opinion that the accused facing trial was impaired at the time of arrest. These are only two methods of DUI defense; there are countless other ways to defend your case that we will explore to find the best way to defend your case.
Why the Reputation of your Stuart DUI Attorney Matters
In certain cases, you could receive a favorable plea deal as a result of the reputation of your Stuart DUI attorney. Prosecutors hate to lose. We’ve seen it many times before; afraid that they’ve been outmatched by a practiced Stuart DUI lawyer and wishing to avoid the risk of losing a case, prosecutors will often extend a favorable deal to the accused in order to avoid defeat. In cases such as these, the reputation of your attorney is vital to the success of your case, especially if your freedom relies upon this defense method. Don’t risk it all – make sure that your freedom and future are protected by employing the services of an experienced criminal defense attorney that you can trust.
When you find yourself in need of a Stuart DUI lawyer, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Stuart DUI attorney Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.
If you have been charged with a DUI in Vero Beach, Florida, or anywhere in Indian River County, you need to know that a DUI conviction may not be as cut and dry as it seems. Even when the cards are stacked against you, an aggressive, experienced Vero Beach DUI defense attorney may be able to have your case thrown out due to a violation of your 4th Amendment Rights. Having a sharp, dedicated DUI lawyer in your corner is what you truly need. If there is a variable in your case which may be utilized to enhance your chances of success, a great DUI attorney will identify it, and use it to build the best possible defense.
When charged with a DUI, it is critical that you reach out to a Vero Beach DUI defense attorney as soon as possible. There are a number of factors involved within your stop and arrest that should be considered for your defense, and when it comes to building your case, time is of the essence.
By conducting pre-trial discovery, a great DUI attorney will investigate your case, and file creative pre-trial motions to build a strong early defense. You may be surprised at how often a good DUI lawyer is able to challenge the validity of the vehicle stop leading up to a DUI charge.
If there is sufficient evidence for an attorney to move forward with a ‘motion to suppress’ hearing, an aggressive DUI lawyer will file this motion. If your stop is ruled unconstitutional, then all subsequent evidence gathered by police is unusable in court. Your attorney will also be able to order a transcript of the DMV hearing, and hold arresting officers to their original testimonies. Lying or changing their testimony can then be grounds for an officer to be impeached in the case. You’d be surprised at how often this happens.
There a numerous defenses which an experienced attorney may use to win your DUI case. The most important is to identify and exploit all mistakes which were made by the arresting officers. It is possible to discredit their initial judgement that you were indeed impaired while operating your vehicle. Another possible defense is that the State is unable to prove that you were in fact the one driving the vehicle.
When you find yourself in need of a Vero Beach DUI defense attorney, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonne is dedicated to successfully representing each of his clients aggressively. With an extensive history of winning difficult cases, you will be able to rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Call Brian Mallonne at (772) 464-1991, or online, and take your first step towards victory.
If you have been charged with a felony in Stuart, Florida, or anywhere in Martin County, you may feel as though you are facing an unwinnable battle. The truth, however, is that a favorable outcome to your case may be more possible than it seems. It all comes down to the decisions you make, starting right now. Choose the wrong lawyer to represent you, and your odds diminish greatly. Choose the right one, and you stand a chance – no matter how bleak your case may currently appear. For a difficult criminal case to be won, you are going to need the representation of a creative, aggressive, and dedicated Stuart criminal defense lawyer. You need someone with a proven track record of success, who will turn over every stone on the road to a not guilty verdict to your case, or a favorable plea deal.
Specialization and Experience
Just like any other professional, an attorney must start their career somewhere. But do you really want your case to be the one in which a new attorney cuts his teeth? When your future is on the line, you want to choose an attorney with an extensive history of winning difficult cases. Do your research. Before you choose your criminal lawyer, make sure they are open about their case results history, and take the time to study those past results.
You also want to make sure that your attorney is experienced within the specific field in which you need representation. Would you trust even the most qualified dentist to perform your open-heart surgery? Of course not. You want an attorney with a proven history of success dealing with cases similar to your own. Make sure that they have experience securing not guilty verdicts for the specific crime with which you were charged.
Attitude and Strategy
Your Stuart criminal defense lawyer should not just be there to hold your hand and make you feel better as your guilty verdict is doled out. They should not be merely working with the prosecution to find some inadequate compromise. You want a lawyer who is dedicated to having you acquitted. Even in the most challenging cases, a cagey lawyer may be able to have evidence or witnesses thrown out. They may be able to establish reasonable doubt. They should treat each case as a war, and never step down from a fight, if the fight is worth fighting.
A great criminal attorney knows that each case is a series of individual battles. Each step of the way is an opportunity to gain ground. From pre-arrest intervention, to jury trials, to post-conviction motions, an aggressive, strategy-oriented criminal attorney will never give up on your case. They will know how to leverage evidence, witnesses, and the law to secure your freedom and good name.
When you find yourself in need of a Stuart criminal defense lawyer, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonne is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Brian Mallonne at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.
Undoubtedly, being investigated or charged with a federal crime is a very serious matter and should not be taken lightly. Even in the most discouraging circumstances, however, a knowledgeable, aggressive Vero Beach criminal attorney can help you fight every step of the way to ensure the best possible outcome for your case. Criminal cases on the federal level are not always cut and dry. An experienced board certified Vero Beach federal criminal lawyer is what you need to secure a favorable plea deal or perhaps a not guilty verdict in your case.
Since federal cases are typically quite different than cases dealt with in state court, it is vital that you work with an attorney who has experience representing defendants charged with federal crimes. Furthermore, it is in your best interest to work with a Vero Beach criminal attorney with an extensive track record of success. The rules of procedure, rules of evidence, and discovery are very different in federal court than in state court, and your attorney must be able to successfully navigate each critical stage as they come.
An aggressive Vero Beach federal criminal lawyer will help you before and after your arrest. One of the first objectives is to convince the court to let you out on bail during a pre-trial detention hearing. After this, they will be hard at work investigating, researching, filing, and arguing pre-trial motions. If a plea is your best option, your attorney can then help convince the judge that you are worthy of a lenient sentence. Since federal sentencing guidelines are only advisory, your attorney may even be able to able to persuade a judge to sentence you more favorably than even suggested by the guidelines.
If your case ends up going to trial, you certainly want a criminal attorney who is comfortable representing defendants in federal court. Your attorney must be dedicated to your defense, and have the skills and confidence to persuade a jury that you are innocent of the federal crimes charged against you. Working with an experienced lawyer who is familiar with local prosecutors, judges, and law enforcement can be a major advantage for your case to find a successful resolution. Even in the face of seemingly long odds, your case may be winnable.
When you find yourself in need of a Vero Beach criminal lawyer, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the country. Contact Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.
If you or a loved one are currently facing a violation of probation, it may seem like the odds are against you. A violation occurs when an individual on probation is arrested as a result of a new criminal charge (referred to as a “condition 5” violation) or when the individual’s probation office obtains the Judge’s signature on a warrant due to an opinion that any terms of the probation have been breached. Those who are suspected of violation of probation (VOP) charges possess limited rights. VOP cases are typically more complex in nature, requiring the skills of a knowledgeable and experienced Vero Beach criminal lawyer. When facing a VOP case, don’t choose just any criminal attorney Vero Beach; make sure your freedom is protected by enlisting the services of a board certified criminal trial attorney.
Know Your Rights
The rights you possess when accused of a violation of probation are indeed limited. You no longer have a right to a jury trial with respect to the facts of the case. Instead, the judge decides if the State is able to prove such an occurrence through any available evidence. However, instead of requiring the State to provide proof beyond a reasonable doubt, a preponderance of evidence is all that is needed. In other words, they only need to show that a majority of evidence (i.e. more than 50 percent) favors the violation case presented by the State. This means that the burden of proof is no longer as tough for the prosecution. Hearsay is also admissible during these hearings. The accused may also be required to testify, though some limitations may apply. It’s not uncommon for the accused to be acquitted of a new criminal offense, only to be found guilty of VOP (specifically a condition 5 violation) by the Judge.
Do You Need a Criminal Attorney in Vero Beach?
There are two types of violations of probation that are commonly handled in the 19th Judicial Circuit in Vero Beach: the aforementioned technical violation and new law (or “condition 5”) violation. In either situation, the legal representation from a board certified criminal trial attorney in Vero Beach is invaluable. No matter which type of violation you have been charged with, your violation of probation case may result in serious legal ramifications. When your freedom is on the line, you need the best.
A technical violation is defined as any violation of the defined conditions of the probation. A few examples of a technical violation are failure to complete required counseling, changing your address without approval, failure to pay related costs or fees, or failure of a drug test. In some cases, an AV rated and board certified criminal trial lawyer will defend your case by convincing the Judge to allow you to make amends for your technical violation by releasing you on bond. In other cases, it could be that the probation officer made an error, allowing us to target an attack upon the actions of the probation officer.
New law violations, or condition 5 violations are defined as situations in which a person who is already on probation is arrested for an alleged new criminal offense. The greatest challenge involved in a new law violation defense case is the fact that the Judge is the sole decider in the outcome of the case. The burden of proof is also much lower and contingent upon preponderance of evidence. In this case, we can no longer rely upon reasonable doubt and must prove that a majority of the evidence rests in our favor.
When you find yourself in need of a criminal attorney Vero Beach, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With a long history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Vero Beach criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take the first step towards a successful resolution to your pending criminal matter.
Regardless of the circumstances, being charged with a DUI is a stressful and significant event in anyone’s life. The first question that people ask is often, “where do I go from here.” If you have been charged with a DUI in the area of Vero Beach, Florida, the first thing that you want to do is contact an experienced Vero Beach DUI lawyer. Working with a dedicated attorney will help you understand exactly what is happening and what you need to do to, and it will also help carry you in the direction of an agreeable outcome to your case.
One of the first things that you must understand is that not every DUI case is the same. Depending on your past history, and the circumstances of your particular arrest, you could be facing either misdemeanor or felony charges of varying degrees. This article covers the different misdemeanor charges possible for a first offense DUI arrest.
Those who have been arrested with a DUI for the first time face a misdemeanor charge. With the help of an aggressive Vero Beach criminal lawyer, and depending on the circumstances of the arrest, you may in fact be able to have these charges dropped. In the event that you aren’t, the punishment is as follows for those with no minors in the vehicle, a BAC of under .15, and no serious injuries or deaths resulting from an accident caused by the accused:
The mandatory conditions of probation include not less than 50 hours of community service and attendance at an approved class featuring alcohol safety education, a substance abuse evaluation, and any subsequent recommended treatment. Remember, a professional Vero Beach DUI lawyer will fight to have your punishment reduced if dropping the charges is not possible.
There are a number of factors which may increase the penalties of a first offense DUI charge. If the driver had a BAC of .15 or higher, or if there was a minor in the vehicle at the time of the arrest, fines are doubled to $1000 – $2000, and the maximum prison time is raised to 9 months.
A Vero Beach criminal lawyer will be able to help further explain the repercussion of second and third offenses, as well as other factors that may escalate the charges such as the event of serious injury or death resulting from an accident.
When you find yourself in need of a Vero Beach DUI lawyer, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the country. Contact Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.
Being charged with a child pornography crime carries a strong stigma, even as far as felony crimes are concerned. Not everyone who is charged, however, is guilty of the crimes of which they are being accused. If you are up against a child pornography charge in the Stuart, Florida area you may be feeling as though the whole world is against you, but you should never forget that you are innocent until proven guilty. There are a number of key points that the government must prove for you to be found guilty beyond a reasonable doubt. By hiring a dedicated and experienced Stuart criminal defense attorney with a history of success defending against child pornography charges, you may be able to establish the reasonable doubt needed to secure a favorable outcome to your case.
Being convicted of a child pornography crime is a devastating and life-altering event. Under Florida state law, possession of child pornography is a 3rd degree felony. Each photo in possession is punishable by up to five years in prison, and prosecutors typically file a new count for each image found in possession of the accused. In federal court, the maximum sentence for possession of child pornography carries a maximum prison sentence of ten years. More severe charges involving transmission, distribution, or creation of child pornography carry comparatively harsher consequences.
With stakes this high, you want only the most qualified criminal defense lawyer working on your case. An experienced attorney who works in the Stuart courthouse on a regular basis will know how to build to best possible defense to establish reasonable doubt. There are a number of avenues that a really good Stuart criminal defense attorney may explore to accomplish this objective. It is the burden of the prosecution to prove that the search and seizure of any computer, information storage device, magazine, or other images was legal and not in violation of the Fourth Amendment of the United States Constitution. A breach of the Fourth Amendment may involve, for instance, the use of coercion or force to gain access into an office or home.
Another issue that an experienced Stuart criminal defense lawyer will be attuned to in a child pornography case involving computers is the burden of the prosecution to prove that the accused is the person who actually downloaded and viewed the illegal images. They also have to prove that the images were downloaded knowingly and intentionally, and that the individuals in the images were indeed minors at the time the photos were taken.
The bottom line is that your innocence can be established in a child pornography case. Without the representation of a creative, determined Stuart criminal defense attorney experienced in handling similar cases, however, your chances are greatly diminished. With so much at stake, you can’t afford not to seek the representation that your case demands.
When you find yourself in need of a Stuart criminal defense lawyer, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the country. Contact Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.
Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties