If The Police Have A Warrant To Search My House, Can They Look Anywhere?

When the police have a search warrant for your home, it may be limited. The warrant must describe exactly where they want to search, and what they are looking for, such as drugs, guns, stolen property or other item or evidence in a criminal case. The police then have the right to search anywhere in your home that the warrant permits them to look. The warrant could allow the police to search your entire house, or just certain areas. If the police arrive at your house with a search warrant, you need to read it, and call an attorney fast. If a case has progressed to the point where there is a search warrant, and the police are there to find evidence, you can expect to be arrested within a short period of time. You are obviously the target of a criminal investigation, whether you are innocent or guilty.

If the police come to your home with a search warrant, ask to see it, and read it so you know what they can or cannot do, and what areas they are permitted to search. The police can only search for the type of items that are related to the case. This limits some types of search activities. As an example, if they are looking for firearms, they can't look in your medicine cabinet – a gun just won't fit, and this would be overstepping the bounds.

One tip when dealing with police: be respectful, and don't argue. Read the warrant, understand it, and call an attorney. If you are argumentative or aggressive, you can find yourself in legal trouble that can cause you serious problems later. When you speak with a criminal attorney, and explain carefully everything that occurred, where the police searched, whether they took any items for evidence, and what the warrant said, your lawyer can inform you whether they violated your rights. It happens. If it happened to you, legal action must be filed about the rights violation. Some evidence may be deemed inadmissible if the police violated your rights, or searched beyond the scope of the warrant.

Contact Jonathan Blecher, P.A. in Miami for more information.

My Offense Is Minor. Do I Really Even Need An Attorney Or Can I Just Handle This On My Own?

A minor offense might not seem too important, and you may be wondering if it is worth hiring an attorney. Some people choose to defend themselves, even in serious felony cases. The problem with this tactic is that even though you could save on legal fees, the consequences could last for a lifetime. For example, many misdemeanors may not appear to be very significant, but often carry a potential sentence of up to 12 months.

If the judge is having a bad day, you could seriously regret not having an attorney representing you. Judges are human, and can impose heavy sentences one day and lighter ones the next, based upon how they are feeling. Some judges are known for being tough, and imposing heavy sentences in most cases. Do you know the history of the judge you will be facing? An attorney will, and can approach the case correctly, based upon all the details.

If you are innocent, you can't assume that you won't have any problem getting off. If you have been arrested and charged, it means the prosecutor believes there is sufficient evidence to convict. Innocent people get convicted, and in some cases, it is merely because they could not or did not get an attorney that knows the system and how to get a result.

A minor criminal conviction, such as a misdemeanor, can impact you later, including increasing penalties that could be imposed upon you if you are ever convicted again in the future. Florida is known for the heavy punishments that are imposed upon offenders. It is advised that you have an attorney, no matter how minor the charge.

Contact Jonathan Blecher, P.A. for more information about defending against a minor charge.

Can I get a limited license or work permit following a DUI conviction in Florida?

According to Florida DUI law, after a DUI conviction, drivers are permitted to have limited and restricted driving privileges in some circumstances. It's important to remember both the court & DHSMV imposed suspension, so restrictions may differ in time and scope.

A Florida DHSMV suspension may take place as part of Florida's Administrative DUI Suspension law. This law as first enacted in 1990, and was one of the first of its kind in the U.S.

• After a DUI arrest in Florida, a driver's license will be suspended for 6 months after a breath test over .08 or for 12 months if the driver refuses to submit to a breath, blood or urine test.
• The driver has 10 days to either file a request for a Formal Review Hearing to challenge the legality of the suspension or a Review of Eligibility for a Business Purposes Only permit.
• The Formal Review may result in an invalidation or sustaining of the suspension. If the suspension is sustained the driver will suffer a 30-day-no-driving period for a breath test case or a 90-day-no- driving period in the case of a refusal.
• In either case, the driver can apply for the business permit after they have enrolled in an approved substance abuse education class.
• A previous suspension for refusal will result in an 18 month suspension, with no business permit, however.

Florida courts must suspend a driver license after a DUI conviction. A first DUI conviction will result in a minimum 6 month suspension, up to one year. The defendant may be eligible for a business permit after completion of a substance abuse class, and must complete any treatment they require after an evaluation. A prior DUI conviction will make the driver ineligible for any permit for a minimum of one year for a 5 year suspension or 2 years on a 10 year suspension.

If you have been convicted of DUI and want to get a limited license, then please call my office to discuss your case!

Blueprint for the Best DUI Lawyer

There's a growing, and necessary, trend for lawyers to focus on a narrow area of law. That type of focus and specialization can offer clients the most effective representation for their case. Tough DUI laws and aggressive police tactics require top-level training in DUI defense practice, though.

There is a road map for becoming the best type of DUI lawyer. It requires discipline, effort, dedication and a genuine passion to focus on that area of criminal defense practice.

The most effective DUI lawyer is someone who makes the commitment to practice almost exclusively in DUI defense. A lawyer who takes on Divorces and Real Estate Closings and Personal Injury Cases absolutely cannot be effective doing all of those things at a high level. A "Jack of all trades, Master of none" cannot provide the type of DUI defense these cases require. Even criminal lawyers who defend murders and drug cases are not the best-suited to take on a DUI case. A plastic surgeon and a cardiologist are both skilled doctors, but you wouldn't ask the cardiologist to perform a face-lift, would you?

The most effective DUI lawyer will attend seminars on DUI practice, join organizations like the National College for DUI Defense, study scientific literature, frequently speak on DUI-related topics. That lawyer will know what evidence to gather from the prosecution, the crime labs, the DMV and from the crime scene itself. The most effective DUI lawyer will know what to look for and know where and how to get it.

The most effective DUI lawyer is someone who will charge a good fee for their work. Traffic "ticket defense teams" and volume law practices cannot, and don't, provide the level of attention needed to properly and effectively defend a DUI case. Even law firms with several lawyers shouldn't hand off their client's cases to whoever is available in court that day.

 

How Do I Know If My Crime Is A Petty Offense, Misdemeanor, or Felony?

In counties like Miami-Dade, the case number starts with a letter. F is felony, and M is misdemeanor. You can look at the case number to know whether you are charged with one or the other. Follow this link to the Miami-Dade County Clerk online record search page. In other counties in Florida, there may be a combination of letters like CF or MM.

There are some crimes that are initially charged as a felony, but the crime could be charged as either a misdemeanor or felony, such as DUI. Your criminal lawyer should be contacted to get information about your specific charges and what can be done to either get the charges reduced or dismissed, or what the chances are for achieving an acquittal at trial.

Although a misdemeanor is far less serious than a felony, the penalties imposed by the court often include jail time (up to 12 months) and a long period of probation. If you already have been convicted of a similar misdemeanor, the prosecutor may decide to file felony charges rather than misdemeanor.

Being caught in the criminal justice system is extremely dangerous, no matter what level the charges. Your first step should be to get legal representation. The system is geared to convict, and your life could take a serious turn for the worse if you are not represented by a qualified defense lawyer. The lawyer protects your rights as a defendant, negotiates to reduce a felony charge to a misdemeanor when possible, and is who stands between you and the serious consequences that could take place if you are not professionally defended.

Contact Jonathan Blecher, P.A. in Miami for more information.

Can police charge me with breath test refusal even if I tried to blow?

According to Florida Law, any person who accepts the privilege of operating a motor vehicle consents to submit to an approved chemical test to check for illegal alcohol content or the presence of a controlled substance.  Authorities use a breath or blood test for alcohol and a urine/blood test for drugs.

There is no requirement that the person must submit and register a breath alcohol reading. (Florida Implied Consent Law) This is significant, since the state will attempt to offer evidence of "refusal" at trial, and will be damaging as the state will argue that the refusal constituted consciousness of guilt. As any other evidence, the admissibility of it is judged by the standards of the following: 

• relevancy
• reliability
• accuracy
• probative value

A defendant is not required to submit repeatedly to breath test analysis until he or she provides a satisfactory result or try to urinate in a cup if she honestly can't do it. All that is required is to submit to the best of his or her ability. It's for this reason that many courts across the country that all that is required by law is that the subject submit to the test, not pass or fail it, if in fact the defendant legitimately attempted to take the test and could not do so for medical, physical or mechanical reasons.

Learn more about breath testing regulations by watching a short informative video!

Have questions about your case? Call me. 

If you submitted to a breath test and weren't able to produce a result, then contact my office for a free consultation. I am an experienced DUI attorney in Miami who has defended thousands of people who have been wrongfully accused. 

Forced Blood Tests in DUI Cases

Missouri v. McNeely was decided earlier this year. The Supreme Court of the United States affirmed the judgment of the Missouri Supreme Court holding, that in a DUI investigation, "the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant."

What that means for the average person is that a police officer cannot hold you down while he sticks a needle into your arm to take your blood by force, at least not without a warrant. If the Court ruled differently officers might could have begun routinely taking blood by force if the person refused to submit to a breath test.

The attorney who represented McNeely, Steven Shapiro, offered his opinion:
 "We know from experience that drunk-driving laws can be strictly enforced without abandoning constitutional rights. Today's decision appropriately recognizes what half the states have already demonstrated – that maintaining highway safety does not require sacrificing personal privacy."

I came across a video posted by Justin McShane, a DUI attorney in Harrisburg, Pennsylvania, showing what happens during weekend DUI saturation event when the arresting officer wanted blood.

In Florida, however, police officers cannot get a warrant to take blood after a person suspected of a misdemeanor DUI refuses to submit to breath or urine testing. What does result is the following:

• A "refusal" can be used against the person at trial as consciousness of guilt
• A second refusal can is an additional criminal offense (up to 12 months in jail)
• A one year administrative suspension of driving privileges, even if they are found not guilty at trial. Eighteen months for a second refusal.

 If your blood was drawn without your consent after a DUI arrest, then please contact my office to discuss your case.