Four Penalties that can lead to DUI Offense in Florida

Driving under influence (DUI) is considered a serious offense under the jurisdiction of the State of Florida. If proven, the accused might face suspension of license, probation, prison time, a criminal record, and might have to complete mandatory community services. The Florida DUI sentences are among the most hard-hitting ones in the United States.

In Florida, several factors determine the degree of penalty for a DUI arrest. These factors include:

• Blood-alcohol level during arrest
• Involvement of injuries or causalities while driving inebriated
• Prior charges of DUI
• Statement of the accused said during the time of the arrest

Types of penalties for DUI offenses

According to Florida state law, the motorist in control of a vehicle ‘under the influence of intoxicating substances’ or 0.08% blood alcohol concentration (BAC) can be booked under DUI offense. The judge can assign jail time or other penalties to the accused under such circumstances.

People with their first DUI conviction might be awarded the following sentences:

• Fine
• Community Service
• Probation
• Prison time

With subsequent DUI sentences or repeated offenses, the penalties become stricter. Additionally, the offender has to abide by participating in a monthly program on substance abuse and its management. The reports of the program are directly sent to the judge.

Have you been accused of Florida DUI crimes? Then, you will need an aggressive defense attorney to represent you in the court. Visit Bernstein, DeCailly & Marshall, PLLC, at http://bdmcriminallawyers.com or call 1-833-3BDMLAW for getting in touch with such experienced attorneys.

White collar crime and some FAQ's

White collar crimes are categorized as non-violent criminal activities in the business or commercial sector, done mostly for financial gain. These crimes involve money embezzlements, fraud, tax evasion, etc., and are often committed by professionals, with the motive of profit.

According to experienced Florida white collar crime lawyer, when a professional is charged with such an offense, he must immediately contact an experienced attorney. A lawyer well acquainted with the law and regulations in the field, can aid these people in a much better way.

Here are some common FAQ’s related to the crimes:

1. How white-collar crime is different?

These crimes are usually non-violent in nature. The people involved in such criminal activities are usually associated with commercial or business activity and might occupy a position of respect in society.

2. Are such crimes very common?

Each year, more than a thousand white collar criminals are prosecuted by the federal authorities. According to acquired data, each year the country loses more than $300 billion in money laundering, embezzlement, and other such crimes.

3. Are criminals charged with leniency?

Unfortunately, no. Such crimes create a national loss that goes up to billions. In the current political scenarios, these offenses and offenders are seldom given any leniency.

Have you been charged with such crimes, and are looking for a reliable attorney to represent you at the court? Then, you should contact Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC. For more information, contact http://bdmcriminallawyers.com or call 1-833-3BDMLAW.

Florida sees more DUI than the national average. Do you need a lawyer?

To many, driving after a few drinks does not seem like a big deal; but there are no less instances when the situation swerves around, causing some severe consequences. And, it’s then only a matter of time as the cop pulls you over and you are hold guilty of driving under the influence.

But DUI can go worse if the results end up in an accident.

Compared to the national average, Florida has a slightly higher rate of alcohol-related car accidents. The incidents are more commonly seen amongst the age group of 21-34 age range.

Understanding DUI

Driving under the influence or DUI refers to a situation where someone is operating a vehicle under the influence of drugs, alcohol, or other mind-altering intoxicants. Understandably, these products can significantly increase the likelihood of road accidents or some other sorts of injuries because one does not remain in complete control of the physical faculties once intoxicated. Florida DUI is a serious legal issue and considered as a misdemeanour. It will need your BAC (blood alcohol concentration) as evidence of driving impaired.

Florida has an increased rate of alcohol-related car accidents than the national average

Did you know that you could get a DUI without even leaving your parking spot in Florida?

Are you being sued?

It can be confusing to decipher all of the jargon used for the ones unfamiliar with the law. Know that you should be served with a formal lawsuit complaint if being sued. Typically, a police officer or some court/legal official will give a summon to appear in court.

How long will the process take place?

The lawsuit process, like any other case, can be a lengthy one. If the case consists of insurance claims or getting out money from the other involved parties, it can even take up to years to get the result. That is exactly why you need people like Paul DeCailly, who can gauge the severity of the situation, the age of the accident, and other factors concerning the state of affairs.

AM I AT FAULT?

Florida DUI is a serious legal issue that and you will need the strongest legal representation to defend your guilty. It proven guilty, you might face serious punishments such as fines, driver's responsibility fees, a driver’s license suspension, community service, counselling, and or imprisonment.

That being said, there can also be some instances where the cause of the accident may not have been your fault. While you may be given a DUI for some reason, had it been some other driver’s fault, you need to fight for your justice.

If you are a Florida resident and have been affected by a DUI, attorney Paul DeCailly can help you fight the lawsuit. Defend yourself and resolve the issue as soon as possible with the experts from Bdmcriminallawyers.com. Visit http://bdmcriminallawyers.com or call 1-833-3BDMLAW to find out today!

Why hiring a pro hac vice attorney could be a good idea?

Your local attorney although good, but might not have the suitable experience in handling difficult cases involving multidistrict litigation for injury caused by a medical device. With pro hac vice motion, you can hire an experienced out of state lawyer for representing you in the court. The given write-up tries to spell some advantages of hiring such out of state lawyers.

Law is a diverse stream, which has multiple digressions and convergences. In some situations, a lawyer familiar to you might not have the required experience in handling a difficult case. According to an experienced Florida pro hac vice lawyer, partnering with a lawyer or attorney who knows the in and outs of the particular type of case, can help in putting up an aggressive defense. If your local attorney does not hold necessary expertise in handling the particular case, then apparently you can hire an out of state attorney.

“…partnering with a lawyer or attorney who knows the in and outs of the particular type of case can help in putting up an aggressive defense…”

Apart from that these lawyers come with a host of benefits. Let’s look at them one by one:

1. Experience in special cases

Finding a specialist for the lawsuit is important. It ensures your victory. Imagine you have been involved in a multidistrict lawsuit involving a failed hernia mesh. Your local attorney has helped you in the past, but his counsel could be inadequate to handle a legal case at a national level. For fighting such cases, you will need an experienced attorney, who understands the specific set of laws and help you in getting favorable results for your lawsuit.

2. Proximity might not be helpful

This point is an extension of the previous point. It might be comforting to hire someone you know for the case, but it might not always be helpful. Your familiar lawyer could find it difficult to break through the complexities of a multidistrict lawsuit. In such circumstances, hiring a lawyer, who is learning about the specific branch of the law as the case progresses, could bring in a fatal outcome.

3. Online Research and admission

With the help of pro hac vice admission out of state attorneys can represent your case in the local court. These lawyers are provided special permission to represent these cases. The attorney has to complete some paperwork, which is very simple. The out of court lawyer can access the case history and other details regarding the case from online legal research services from their office. Your local council would also use the same platforms for researching and building the case. A pro hac vice lawyer could better utilize the information and help your case.

The United States Federal and State laws clearly state that while fighting an out of state lawsuit or litigation, the lawyer has to take the help of a local council. Without a local attorney, with a license to practice in the area, the appeal might get nullified. In most cases, these out of state attorneys either associate themselves with a local lawyer or make an appeal in the court to appear pro hac vice.

Are you looking for such attorneys? Then, Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC can be of help. For more information, visit Bdmcriminallawyers.com or call 1-833-3BDMLAW.

How To Pick The Right Lawyer To Represent You?

For Driving Under Influence (DUI) charges or other violent transgressions, you will need the assistance of a knowledgeable criminal lawyer. An experienced lawyer can guide you about the court proceedings, and help you in smooth transitioning through legal loopholes.

If you are looking for a reliable Florida violent crime lawyer, then you should remember the following things:

• The right type of experience 

A lawyer with a decade of experience in taxation law is of no use in a criminal case. Therefore, it is important to hire a criminal lawyer with a substantial amount of courtroom experience. Such attorneys can provide you with the right information, and help to clear your doubts. Before hiring the lawyer, talk to them about their experience in handling cases similar to yours.

• Verify the references 

Just like any industry, references can help you in finding the right guy. Talk to the people you who have worked with your potential lawyer, and get their feedback on the lawyer. Usually, a professional attorney is always happy to present a few references for inquiry purposes.

• Check their legal team

A good legal team is important for a lawyer to succeed in a particular case. The team helps the attorney in framing the case in a better way, which will ultimately decide the fate of the case. Before appointing your attorney, learn about their legal team.

• Are you comfortable with the lawyer

Among the mentioned pointers, this is probably the most important factor for choosing an attorney. If you are not comfortable working with a particular lawyer, then it might be difficult for you to deal with the situation. You will want someone, with whom you can talk without any issues or barriers, and get a truthful insight.  

If you are charged with a DUI or some other offense in the state of Florida, then it is important to find a local attorney who is more familiar with the local courthouse. The Florida violent crime attorney would be more familiar with the legal proceedings of the local court, and would be able to guide you better. With the help of these pointers, you can surely find the right attorney for your case.

Or, you can always approach the Bernstein, DeCailly & Marshall, PLLC. For more information, visit Bdmcriminallawyers.com or call 1-833-3BDMLAW.

Which activities are regarded as white collar crimes in Florida?

The white collar crimes are those activities that are committed for personal financial gain. The actions include forgery, fraud, and money embezzlement. In this blog, you will find a list of activities that are regarded as white collar crimes in the state of Florida.

In recent news, a Florida woman was awarded 4 years in prison and a hefty fine for diversified white collar crime involving forgery, wire frauds, and incorrect healthcare billing. According to the Florida Annotated Statutes, a white collar crime involves forgery, fraud, embezzlement, bribery, and so on.

As per the Statutes, a convicted felon under the Florida white collar crime can be awarded a strict penalty, with or without prison time.

What are white collar crimes?

The offense can be defined as an act where a person breaks a law for profit and enrichment motives. According to an experienced lawyer, the profit motives might be dictated by:

1. Loss of assets, especially money or property
2. Financial advantages
3. Misuse of funds for personal gains

Traditionally, the term has been associated with the more affluent people who abuse their power for financial and personal advantages. However, in the modern scenario, with technological advancements, the definition has been updated. Now, it includes several other activities that are regarded as white collar transgressions. Let’s look at some of them:

1. Bribery

Offering a bribe or accepting the same, is considered a serious offense. The payments for personal or professional gains can be offered in the form of cash or other incentives. These illegal payments can be made to government officials or a person of interest.

2. Money laundering

It is a process where the money, earned from illegal activities, is passed through a complex series of banking transactions. In most cases, the overall motive of the process is to return the money to the launderer without any trace. The process involves doctoring the account books, or falsification of information relating to the source of the money.

3. Fraud

It is one of the most common forms of white-collar crimes and involves distortion of facts for financial gain. These activities are conducted to dupe the officials or tax agencies so that a given person can avoid paying their dues. One can also commit fraud against depositor, investors or shareholders by a company to gain personal profits.

Conviction associated with white crime felony

In the state of Florida, the punishment for such criminal activities might include prison time, in addition to a heavy fine. The sentencing is determined by the amount of money involved in the case and the nature of the crime.

Have you been involved in a white collar crime? Then, you should contact Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC for legal consultation. For more information, visit http://bdmcriminallawyers.com or call 1-833-3BDMLAW.

What does pro hac vice mean? And, how can it help you?

Just like any profession, lawyers also need permissions or permits to work in a particular state. Ideally, with the state license, they can practice in any court inside the state. But, what if a particular attorney is required to participate in the case pending in the court of a different state? They can be allowed to participate in the case on “pro hac vice”.

According to a Florida pro hac vice, the term essentially means “for this time only”. According to this rule, the lawyer from a separate jurisdiction can practice on special permission in a given state for which they do not possess a license. As per a general course, such lawyers have to coordinate with a local attorney who possesses the permit to practice in the state where the permission is been sought.

How these lawyers can help?

In most cases, the growing need to practice between the state lines has made it necessary for the appointment of such out-of-state lawyers. These lawyers can help their local clients in out-of-state legal matters like buying or selling property in a different state.

Do you need the counsel of such lawyers? You can always contact Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC. For more information, contact http://bdmcriminallawyers.com or calls 1-833-3BDMLAW.

Defend Your Loved One with Best Crime Attorney

Being charged with a drug crime can completely destroy your career, personal life or any social reputation that you hold. It’s not easy to get over such disturbing charges, whether it’s you or any of your loved ones. However, hiring an experienced criminal defense lawyer can save you from going through some major trials. If you have been charged with a Florida drug crime then getting in touch with the best defense lawyer is the only way out. Don’t beat yourself up by over thinking, check out some of the cases that these lawyers accept.

Acceptable cases by defense attorney

Some of the premier defense attorneys accept multiple cases. No matter how complex the situations are, they will leave no stones unturned to get you out of the situation. They provide a committed and despicable representation over your case. Some of the criminal cases that they accept are as follows:

•    Drug possession cases
•    Transportation of drugs
•    Controlled substances and other drug manufacturing cases
•    Drug trafficking and other controlled substances
•    Drug distribution and controlled substances
•    Drug delivery cases and other controlled substances
•    Juvenile drug crimes and other controlled substances
•    Drug crime and DUI, other controlled substances
•    Second/third-time drug crime cases

In order to find the best Florida drug crime defense lawyer, you can make sure they offer a wide platter in your defense cases just like these. To bring the point home, experienced lawyers with extensive knowledge of criminal cases will higher your chances of winning. They put in every angle to defend you regardless of the complexity and severity of the cases.

If you want your cases to be inexperienced hands, then switch to Bernstein, DeCailly & Marshall, PLLC. This attorney has an excellent reputation to fight any criminal case that fetched success as an end result. Visit http://bdmcriminallawyers.com to discuss your case further.

Florida’s Sentencing Guidelines – A Complete Overview

Federal government and Florida sentencing guidelines are mainly used to determine a sentence range. Guidelines are advisory in the Federal Criminal Court system and the federal courts are mandated to consider various factors before passing sentence on a defendant. Learn about the factors here.

Florida sentencing guidelines rely on a scheme that is basic and dictates the minimum sentence that can be imposed by the judge for felony cases. Florida also has a non-exclusive list of reasons for a downward departure, but a motion for such a departure must be filed and a hearing scheduled on the motion. A departure hearing can last 10 minutes or 2 days. Oftentimes, a departure hearing has the same look and feel of a trial, but the burden is on the defendant to prove that he or she is worthy of a departure.

Structured Sentencing in Florida

The Florida Sentencing Guidelines represents the state’s structured policy with respect to the sentencing of non-capital felony offenders. There are three distinct versions of the guidelines currently in operation in Florida.

• They provide for a uniform set of standards to guide the sentencing court in sentencing decisions.

• They evaluate relevant factors present at sentencing relating to the offense or offenses and the defendant’s prior criminal behavior.

• They are attempts to provide for “truth in sentencing” and eliminate unwarranted disparity in sentencing decisions.

• They focus on ensuring that the punishment is commensurate with the offenses before the court for sentencing

• They are mathematically based and provide a means to address several policy areas. Every assessment of points reflects a policy statement regarding the relative severity of a criminal behavior.

• Each policy is represented on its respective score-sheet, which must be completed for each felony defendant prior to sentencing.

Unstructured Sentencing – History of Sentencing Policy

Prior to October 1, 1983 courts used to sentence in accordance with the provisions of law, that permitted a wide range of judicial discretion in the sentencing decision. Sanctions ranged from a fine up to state prison incarceration. The statutory maximum penalties of incarceration in state prison were:

• Five years for a felony of the third degree

• Fifteen years for a felony of the second degree

• Thirty years for a felony of the first degree

• Life for a life felony

This was a form of an indeterminate sentencing policy because most offenders sentenced to prison were by law, parole eligible. Parole was a discretionary early release policy, which obviously had a significant impact upon both the percentage, and the actual amount of time served.

If you want to get in touch with a lawyer regarding Florida sentencing guidelines, Paul DeCailly of BDM Criminal Lawyers would be a great choice.

Understanding The Complications Of Florida DUI

Reckless driving in Florida is described in the state as ''operating a motor vehicle with deliberate and willful disregard for the safety of others." Fleeing a law enforcement officer is termed as Felony. Reckless driving can involve a number of situations such as, vilely excessive speed, tailgating, weaving in and out of traffic or failure to yield.

A Florida DUI case can remain on your record and affect your future in many ways:

• One might be subjected to significantly higher insurance rates or outright cancellation of the insurance

• One could find it hard to obtain a professional license

• One could have challenges in keeping or finding a new employment

• One could have difficulties in getting a rent to live

• It might be hard to get a student loan

An arrest for DUI by itself brings out tough penalties. And, it can be an equally difficult, serious and complicated situation if you are caught after fleeing from the site of an accident that involves property damage or injury. The condition worsens if you are found to be under the influence of drugs, alcohol, or a controlled substance. Serious repercussions may alter the course of the accused's future which is why you need experienced attorneys to lessen those legal consequences.

Sorts of punishment expected

Leaving the scene of an accident, when there is no DUI involved, can result in a fine which can be within a range of $500 to as much as $10,000 if there is a fatality. The person can even be jailed for 60 days up to as much as 30 years for a fatal crash.

If alcohol or drugs are involved in a hit and run case, a DUI charge is often added on, which has its own set of separate penalties. Punishment for a DUI conviction can include fines from $500 up to $5000 and 6 months or longer in jail.

There are some other consequences which can affect and they are as follows:

• loss of the use of your vehicle

• suspension/revocation of the license

• mandatory attendance of a substance abuse program

• community service

Bernstein, DeCailly & Marshall, PLLC attorney Paul DeCailly is one of the most reputed DUI lawyer who will help you protect your freedom and reputation. Visit Bdmcriminallawyers.com to find out more about the details if you have been charged with a DUI case.

Fight For Your Rights in Florida Crime

Usually it takes a high level of intelligence to commit white collar crime. These are basically illegal acts which is done through a wide variety of complex activities, such as money laundering, tax evasion, embezzlement, Medicare or health care fraud, telemarketing fraud, identity theft, computer hacking and much more.

Florida white collar crime is known to be very difficult for government prosecutors to try, as the activities are buried in a series of shell companies and intentionally hidden. It involves complex and interrelated transactions, and often with meticulously layered shields. A great deal of sophisticated expert knowledge is required to discover and unravel the criminal activity. To track, catch, and explain what has transpired to a jury takes time and great expense for the government to build a solid prosecution.

There are a few charges which are more serious than those that involve a violent offense. If you have been accused of a violent crime in Florida, you should understand your social reputation, your livelihood and your freedom hangs in the balance. It is critical to have the right Florida attorney, knowledgeable in state and federal laws, who can help you save your rights from Florida violent crime. Following are the main four types of cases they fight for:

• Assault Cases
• Protective/Restraining Orders
• Homicide Cases
• Weapons Charges

If you been accused or charged with a Florida white collar crime, you have limited time to act. So get in touch with attorney Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC who has the experience of navigating the complexities of such crimes. White collar crime accusations may not only destroy a career and a reputation but can be highly stressful in nature. The firm utilizes significant experience to formulate a strong defense for your case and help protect the rights. Visit Bdmcriminallawyers.com to speak up if you have been affected by Mail Fraud, Bank Fraud, Airplane Parts Fraud, Healthcare Fraud, Government Procurement Fraud or Wire Fraud. Other crimes such as Conspiracy, Embezzlement, Economic Crimes, RICO Act, Online Crimes and Environmental Issues are equally concerning.

Sentencing Guidelines in Florida

Federal government and Florida sentencing guidelines are followed when it comes to determining either a minimum sentence or sentencing range. Guidelines have become ‘advisory’ in the Federal Criminal Court system and the federal courts are mandated to consider various factors before passing sentence on a defendant.

Paul DeCailly has had success in obtaining sentences for defendants for years who were far below the federal and state guidelines. Sentencing is an important part of the criminal justice process and needs expert defense when it comes to lengthy prison sentence. Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC has previously been hired as co-counsel in cases where a departure is being sought. Sentencing is an opportunity for aggressive advocacy and you need to trust attorneys such as him to fight for your rights.

Visit Bdmcriminallawyers.com to find out more through a free pre-plea initial consultation.