Serving Lake County, Sumter County, The Villages, and the greater central Florida community
There are few experiences that can be as frightening as an arrest or the accusation of criminal conduct. However, it is important to remember that an arrest is just the beginning of a long and tedious judicial process upon which you will have the opportunity, and responsibility, to aggressively mount a defense.
As soon as you believe that you, or a loved one, are the subject of a criminal investigation, or an arrest has already been effectuated, it is important to retain aggressive legal counsel for help achieving the most favorable possible outcome to the situation.
Most people whom are charged with the violation of driving under the influence find it to be a scary and debilitating experience. A conviction could lead to a suspended drivers license, substantial fines and even the possibility of jail time.
When a DUI arrest is made it is of the utmost importance to immediately consult a knowledgeable attorney whom is able to help you navigate such matter. A knowledgeable attorney should, in all DUI instances, analyze whether the prosecution can prove the arrestee was in “actual physical control” of the vehicle at the time of the arrest. An attorney should also analyze whether the subject traffic stop was conducted pursuant to the proper ‘reasonable suspicion’ standard and, similarly, whether the arresting police officer had sufficient reason to initiate a DUI investigation (separate and apart from the traffic stop). Lastly, it is important to have an attorney analyze whether the police officer, whom actually effectuated the arrest, had met the burden of ‘probable cause’ for such arrest. If the police officer failed to properly conduct the investigation, or failed to meet any of the above referenced burdens, all evidence gathered from such illegal DUI investigation should be suppressed from any/all criminal proceedings.
If you, or a loved one, has been arrested for DUI you should immediately retain legal counsel. Call Lanius Law Firm, P.A. immediately to schedule an appointment for a case evaluation.
If you have been cited with a traffic ticket you should not pay the citation without consulting a knowledgeable attorney. Once the ticket is paid you have admitted guilt, points will be assessed against your driver's license for all moving violations and the record of guilt will stay on your driving history. Such action can negatively affect insurance rates and possibly future driving privileges. Alternatives to paying such citation and admitting guilt include traffic school, mounting a personal ‘pro se’ defense against the ticket (for which you will receive no special treatments as a laymen) and retaining a knowledgeable attorney to defend you in such matter.
When an arrest is made which involves even the allegation of a miniscule amount of a controlled substance such arrest has the real-life potential to create serious problems for the arrestee. Even possession cases that a layman would consider to be 'minor' can result in the suspension of a driver’s license, incarceration and fines. In addition to the numerous legal consequences a conviction of a criminal offense, involving drugs, will likely subject the arrestee to extreme hardship when it comes to obtaining employment, housing or student loans and can lead to the loss of certain civil liberties (right to vote, own firearms).
When a person is charged with any kind of criminal offense involving a controlled substance it is critical to seek legal counsel for help. A knowledgeable attorney will evaluate your case and potential defenses (which include a Motion to Suppress Evidence).
If you or a loved one has been arrested for suspicion of a drug crime you should immediately retain legal counsel. Call Lanius Law Firm, P.A. immediately to schedule an appointment for a case evaluation.
In dealing with instances of potential domestic violence police officers, especially those younger less experienced officers, will often err on the side of caution and will effectuate an arrest unnecessarily. Because of these overly cautious and less experienced officers heated disagreements between loved ones, and/or exaggerated recollections of disagreements or false accusations, can often lead to people being placed under arrest despite a lack of Probable Cause for such.
Crimes of domestic violation can carry harsh penalties and long-term consequences. There is no guarantee that the alleged victim will be consulted as to the criminal case and, thus, the alleged victim does not necessarily have the power to “drop the charges”. Like all violations of criminal statute the State Attorney's Office is the sole 'party' which decides whether to file criminal charges and, similarly, the State Attorney's Office has the sole authority to choose to not file, or dismiss, such charges.
A person commits the violation of ‘theft’ if they knowingly use the property of another and intend to deprive such person of their legitimate right to the subject property. The act of shoplifting is a theft. Per Florida Statute, ‘theft’ can be charged either as a misdemeanor or a felony and, even if charged as a misdemeanor, can carry very serious penalties. Felonious theft will always carry extremely serious penalties. The manner in which theft is charged will be dependent on the value of the subject property at the time of the alleged deprivation.
In addition to criminal penalties a theft conviction on a criminal record can result in difficulty obtaining employment, housing or even professional licensing and, therefore, it is best to vigorously defend such matters in an effort to get the charges reduced or dismissed.
In today’s increasingly tech-centric world people are often required to submit to background checks for a variety of expanding reasons. This is almost always true when people seek employment, loan applications and housing. If you have ever been arrested within the State of Florida the alleged offense will appear on your individual record and those conducting the background check will be able to access such information. This is true even when an arrest was made but the arrestee was never actually adjudicated guilty.
There are limited, but specific, circumstances when alleged offenders are eligible to seal or expunge their criminal records so the general public no longer has access to them. The rules governing the expungement and record sealing process are statutory and differ depending on the specific offenses and circumstances involved.
If you have a criminal record, which has negatively affected you in any of the above referenced ways, please do not hesitate to contact Lanius Law Firm, P.A. to discuss the potential sealing or expungement of such problematic records.
Restoration of Previously Suspended Civil Rights
Per Florida Law, upon conviction of a felonious act the civil rights of the person convicted shall be suspended in Florida until such rights are restored by a full pardon, conditional pardon, or restoration of civil rights granted pursuant to Section 8, Article IV of the State Constitution. The civil rights which are suspended include, but may not be limited to, the right to vote and the right to own a firearm. Full and conditional pardons are generally rare and, thus, many people whom have had their civil rights suspended elect to apply for restoration of their civil rights.
The final determination as to whether civil rights will be restored is made by the Florida Executive Clemency Board, which only meets quarterly. If you have had certain civil rights suspended because of a felony conviction and would like to discuss options to regain such rights, please contact Lanius Law Firm, P.A. to schedule a consultation.
If you, or a loved one, have any of the issues listed above, or a criminal issue which is not expressly listed, please do not hesitate to contact Lanius Law Firm, P.A. to schedule a consultation with an attorney.
LANIUS LAW FIRM, P.A.
510 County Rd. 466 Suite 207-L
Lady Lake, FL 32159