Former Criminal Prosecutor Veteran Owned and Run
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March 16, 2015 43 Arrested in Child Sex Sting during Bike Week in Daytona Florida:
by Josh Adams
According to local news reports and official records with the Volusia County Clerk of Court, more than 20 local, state and federal agencies wrapped up the operation Saturday night, and it was no coincidence that the sting took place during Bike Week in Daytona Beach.
"The amount of it going on is really scary, and sad that there are people out there that are trying to take advantage of the children," said Volusia County Sheriff Ben Johnson.
Call now to speak to a criminal defense lawyer in Orlando
Daytona: 140 South Beach St., Suite 310, Daytona Beach, FL 32114
Winter Park: 2281 Lee Rd., Suite 102, Winter Park, FL 32789
Clearwater: 235 N. Garden Ave., Clearwater, FL 33755
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(407) 270- 3724 email@example.com
Jacksonville law enforcement, along with other assisting agencies have just finished a "to catch a predator" style sting, which resulted in the arrest of 12 men to showed up at the decoy house, according to law enforcement, looking for sex with a minor.
March 25, 2014. Over the weekend, Central Florida law enforcement conducted their 2nd "to catch a predator type sting. 29 people were arrest and their names are now posted all over the news.
DUI for Drugs / Marijuana in Florida?
Florida Statute 316.193, states:
(1) A person
is guilty of the offense of driving under the influence and is subject to
punishment as provided in subsection (2) if the person is driving or in actual
physical control of a vehicle within this state and:
(a) The person is under the influence of
alcoholic beverages, any chemical substance set forth in s. 877.111, or
any substance controlled under chapter 893, when affected to the extent
that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of
alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of
alcohol per 210 liters of breath.”
So once a person takes a breath test and blows above 0.08, they are presumed guilty based on that evidence alone.
However, there is no similar presumption for drugs. Especially when a person agrees to take a breath test and blows under 0.08, a DUI based on impairment of drugs can be very difficult to prove and these cases present unique challenges for prosecutors.
You've been arrested in Florida, now what?
Law enforcement is in charge of investigating crime. They don't choose what you get charged with, with the exception of some criminal traffic charges, or whether you are formally charged with a crime. After the initial investigation, which may or may not involve an arrest, if law enforcement believe they have probable cause to believe you committed a crime, the case package is forwarded to the prosecuting authority, usually the local Office of the State Attorney, for a formal charging decision.
In Florida, DUI's carry significant mandatory minimum penalties, including mandatory adjudication of guilty. That means if you have been charged with a DUI, the only way to not end up with an adjudication of guilty to the DUI on your permanent record, is to either have the charge dismissed by the state or court, or to plea to a lesser charge, the most common of which is reckless driving (although not actually a lesser included offense strictly speaking). Below is a chart of other mandatory penalties: