Wednesday, 27 November 2019

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.

Thursday, 7 November 2019

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.

Thursday, 24 October 2019

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!

Thursday, 10 October 2019

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.

Monday, 23 September 2019

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.

Thursday, 22 August 2019

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.

Tuesday, 13 August 2019

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.