A Guide to Levels of Proof Utilized in the Florida Criminal Process
Did you know that nearly three million criminal cases were filed in Florida trial courts between 2019 and 2020? Criminal charges should always be taken very seriously, and a Florida charge could change your life for good. The first thing you should do if you find yourself in this position is to hire an attorney. They will help you navigate the Florida criminal process.
When you go to trial, your attorney will educate you on how to understand legal jargon. And how the jury will interpret what goes on in and out of the courtroom. Part of the defense strategy may hinge on how the prosecution aims to prove guilt.
The three levels of proof in the Florida criminal justice system are beyond a reasonable doubt, the preponderance of the evidence, and clear and convincing evidence. Each of these will affect how the trial will play out.
Below is a guide to help you understand these levels of proof.
The Florida Criminal Process
An arrest or a notice to appear lies at the start of the criminal process. An officer may arrest you due to a warrant or if there’s reasonable cause. After an arrest, the case starts and the accused will likely appear in court within two days.
It’s always a good idea to comply with an officer’s directives for the sake of your trial and personal safety. For first and second-degree misdemeanors an officer may issue a notice to appear in court if the person complied well as they’ll have reason to believe the person receiving notice will appear at the designated time. You may seek legal assistance between the time you receive such notice and your trial date.
It’s also good to keep in mind that complying with an officer’s directives does not mean that you should share any information with them. Comply with instructions to perform actions such as staying in your car and signing citations. But calmly inform the officer that you only wish to answer questions after consulting an attorney (especially if you have the intention to defend in court).
Beyond a Reasonable Doubt
In order to successfully convict someone of a crime, the prosecution must prove guilt beyond a reasonable doubt. The jury is instructed to consider the evidence in a vacuum (not to have externalities influence their convictions). A lack of evidence that proves guilt, or even the presence of conflicting evidence, can raise a reasonable doubt as to a defendant’s guilt.
Let’s say you’re in court for shoplifting. If you were arrested with goods on your person while still in the store, it’s very difficult to prove that you intended to leave without paying. That is enough to raise a reasonable doubt about your guilt, and the jury must find you not guilty.
Proving guilt beyond a reasonable doubt is needed to convict someone in the majority of cases. Misdemeanors and felony cases use this standard because of the seriousness of the consequences, as well as a person’s right to be presumed innocent until proven guilty.
Clear and Convincing Evidence
Clear and convincing evidence is easier to prove than beyond a reasonable doubt. The evidence does not have to rule out all chances of innocence. The court simply needs to see enough evidence to believe in the accused’s guilt.
The two primary uses of this burden of proof in criminal proceedings are in domestic abuse cases and some mental health defenses or appeals. If someone wants to file a restraining order. First, they need to convince the court that whoever is being filed against is a harmful threat. Restraining orders are legal actions that are filed pre-emptively, so proving that the claim is totally true is impossible.
The preponderance of the Evidence
The preponderance of the evidence proof is the lowest of the levels of proof. Plus, the preponderance standard is much more common in civil cases than in criminal cases but is still applicable in criminal proceedings.
If the authorities accuse someone of violating parole rules, the prosecutor only has to show enough evidence to prove guilt on this basis. All courts need to determine for a guilty verdict is that it is more likely that the accused violated parole. The verdict must still be based on evidence. But less evidence is required to prove that it’s probable that someone’s guilty than absolutely true.
Defense counsels also use the preponderance standard for an affirmative defense. Self-defense, entrapment, and insanity defenses are a few examples of where the court may apply this standard.
Reasonable Suspicion and Probable Cause
Reasonable suspicion and probable cause are also burdens of proof. Prosecutors don’t fulfill these burdens of proof in court. They apply to the police and the legal standards they use for starting a search or an arrest.
Reasonable suspicion is more than just a cop’s hunch or prejudice. There need to be specific facts they can point out as to why they’ve stopped or searched you. This is the lowest burden of proof.
Probable cause is above reasonable suspicion. If the police decide to arrest without a warrant, they need to be able to list a number of convincing facts as to why they made the arrest.
Alternatively, the police can show a list of prepared facts to a judge. The judge will then issue an arrest warrant if there’s enough evidence to suspect probable cause.
An example of probable cause without a warrant would be if the police saw you robbing or assaulting someone. If they took video evidence of the same actions to a judge after the crime happened then they’d get a warrant for the arrest.
Make Sure You Get the Best Legal Advice
Criminal charges can change your life. Handling your criminal case within the boundaries of the law is the best way to proceed. If you’re on trial for something you didn’t do the burden of proof is strict enough to get you free again. It is up to the state’s prosecutor to fulfill this burden.
Though the Florida criminal process has high standards for proving guilt, having legal representation is the best way to ensure the outcome you want. If you’re looking for representation, our legal team covers injuries, traffic violations, and even serious felonies. Get in contact with us to find out about your case.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Can a Lie Detector Test Prove Innocence?
It’s a classic cop show trope.
A grizzled detective with a five o’clock shadow and a slightly reddened nose leans over a table in a police interview room. On the other side is a suspected criminal who refuses to talk. His arms crossed and eyes narrowed, daring the detective to keep trying. Then, the detective threatens to bring out a lie detector test, and the suspect suddenly looks terrified.
Lie detector tests, also known as polygraphs, were invented in California in 1921 and ever since have been thought of as a nearly-flawless interrogation tool.
Is it, though? Are there ways to beat a polygraph exam? Can a lie detector test prove you innocent?
We talk more about that in this article. So read on!
How Does a Lie Detector Test Work?
Polygraph exams supposedly measure a set of involuntary body functions to determine if a person is lying. These functions are pulse, blood pressure, rate of respiration, and skin conductivity. All of these play a crucial role in anxiety, which most of us will have when lying.
This is measured using blood pressure cuffs and other monitors. This is why you often see images of people hooked up to stickers, electrodes, and similar equipment when taking a lie detector test.
The Polygraph Test and Anxiety
How accurate is a lie detector test? It’s hard to determine because there is a significant flaw that comes into play here. Anxiety occurs in many different situations, including, for instance, when police are questioning you.
There’s also the issue of anxiety disorders, which make it far less likely that the person in question will pass the test. Anxiety disorders are often thought of as a single condition that simply involves being excessively nervous in certain situations.
While that is true for some types of anxiety, there are other disorders we don’t often think of as a type of anxiety. In addition to the ones we usually associate with anxiety, such as Generalized Anxiety Disorder and Social Anxiety Disorder, there’s also Panic Disorder, Obsessive-Compulsive Disorder (OCD), and Post-Traumatic Stress Disorder (PTSD).
Polygraphs can’t prove guilt, but what’s the relationship between a polygraph test and innocence?
Polygraphs and Psychopathy
While nervous people often fail polygraph exams, certain other types of mentally ill people have a good chance of passing the test even if they’re lying.
Psychopaths, for instance, experience little to no guilt, so their bodily responses wouldn’t seem abnormal on a polygraph. There have been several instances of psychopaths beating polygraph tests.
Polygraph tests function by using simple questions with verifiable answers to establish a baseline, such as, “When is your birthday?” or “What is your full name?” If your baseline is the same as when you’re lying, the difference won’t be detected.
Mental Health and Management
While several mental health conditions can affect lie detector test results, many claim that they won’t, so long as the person in question is being properly treated and medicated.
Unfortunately, anti-anxiety medications can also affect polygraph results, as can many other kinds of drugs, both legal and illegal.
Even neurotypical individuals can accidentally cause a false positive. The test responds to nerves and guilt, so feeling guilty for any reason can tamper with it. Perhaps the person you’re questioning witnessed the crime while on the way to see their mistress.
Examiner Error
Another factor that can muddle the test results is the examiner’s skill and experience. Since a polygraph exam measures bodily reactions, it will be useless to anyone who doesn’t know how to read it.
While examiners do go through some training, it’s not always easy to read a polygraph, and several things can throw off the results. The polygraph results can come out inconclusive. Which means that they can’t interpret the results accurately.
The Court Weighs In
The polygraph test was admissible as trial evidence nationwide for several decades, but that changed in 1998 when the Supreme Court decided passing a polygraph didn’t count as evidence.
These days, most states don’t even allow polygraphs to be presented as evidence in court. Of the 23 that do, many of them have imposed standards for when and how they can use a polygraph. For instance, they can’t portray the test as flawless, and all parties must consent to the test.
Given the dubious status that polygraphs hold in court, you shouldn’t be intimidated if an officer tries to scare you into a plea deal. They have no ground to stand on.
Know Your Rights
No matter who you are, it’s essential to know your rights. There are certain things the cops aren’t allowed to do to a person. Regardless of the charges.
One of the biggest, and most common rules police officers break, is intimidating or threatening you into a confession. If a cop ever tries to get you to confess by warning that you’ll need to take a lie detector test if you don’t, ignore them.
A polygraph exam is not required during an investigation. So, if the cops threaten you by telling you the test is mandatory, it is a lie. And, any evidence obtained illegally is not admissible in court. Thus, they can’t hold refusing to take a lie detector test against you.
Can a Lie Detector Prove Innocence
Is there a correlation between the results of a lie detector test and innocence? The best answer we can offer to this is maybe. There does seem to be a correlation between dishonesty and primary nervous function, but the whole story is far more complicated.
People often feel nervous and guilty when they lie, but they can feel anxious about countless other things as well. Meanwhile, some people won’t feel guilty and, therefore, won’t trigger the test.
Other factors, such as medicine and poor instruction, can influence the results.
If you need to understand how the legal process works or want to hire a lawyer, learn more about our team on our website.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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What Is Reckless Driving and Do I Need a Lawyer?
Are you wondering whether you need a lawyer after an accident?
Reckless driving results in around 6 million accidents on U.S. roads every year. These lead to millions of injuries and hundreds of thousands of fatalities. As such, the law requires people to avoid reckless driving whenever possible.
If you’ve driven in a reckless fashion, you may need an attorney. But many drivers don’t know what counts as reckless driving. Below, we’ll get into the different types of reckless driving. This will help you determine whether you need a car accident lawyer. Keep reading to learn more!
Reckless Driving: A Basic Definition
Reckless driving means operating a vehicle in a manner that is not careful or prudent.
Wise drivers take the dangers of the road into account when they get behind the wheel. They’re able to judge their position on the road as well as the curves and angles they need to navigate. They know the relevant driving laws in the United States and are able to drive in a way that prevents accidents.
To avoid reckless driving, people need to get their driver’s license. Getting your driver’s license provides you with the proper education about laws and the best driving techniques. When followed, these laws can help you avoid accidents and stay out of legal trouble due to reckless driving.
Reckless driving endangers lives, but you don’t need to be in an accident to get charged. If another driver notices you driving recklessly, they can report you to the authorities. Likewise, an officer can pull you over and issue you a fine or suspend your license.
Driving Under the Influence
One of the most common types of careless driving is operating a vehicle while under the influence of alcohol or drugs. Substances impair your ability to make the good, quick judgments necessary while driving.
They can also mess with your ability to drive in a straight line. Those who know they’re under the influence might drive significantly under the speed limit to keep themselves from getting in trouble. This can cause an accident since the other drivers are going faster.
Your spatial awareness also isn’t operating at peak performance if you’re drunk or high. Your reflexes also aren’t working as quickly. So, you’re more likely to hit another car and cause a serious accident.
Many people who are high or drunk overestimate their ability to operate a vehicle. So, it’s best to ask a friend to drive you home or use a transportation service if you’ve been drinking or taking drugs.
Criminal Charges and Driving Under the Influence
People who drive under the influence can get fined or incur criminal charges.
If you’ve received criminal allegations for driving under the influence, you’ll need a lawyer to help with your defense case. Hire one as soon as possible so your case can have the best potential outcome!
Distracted Driving
Distracted driving is the easiest form of reckless driving to partake in. As a driver, you have the legal obligation to keep your attention focused on the road at all times, even if there’s something else taking your attention away.
As such, many areas have banned distracting activities such as texting while you drive. You also shouldn’t use your phone at all unless you can do so in a hands-free way. Even changing the radio station or turning to face passengers in the backseat can cause a distraction.
As such, it’s always best to pull over if something needs to get addressed immediately. Otherwise, texts, calls, and all other forms of distraction can wait.
Distractions can also come from the outside. For instance, most drivers slow down to look at an accident or interesting roadside views. Yet, these can lead to accidents, so it’s best to avoid them.
Swerving Through Traffic
Swerving through traffic constitutes a third form of reckless driving. People swerve for several reasons. First, they may do it when there’s a lot of traffic and they don’t want to wait in long lines. Second, some do it when they’re about to miss an exit and need to move several lanes over.
Yet, swerving is never worth it unless you’re doing it to avoid an accident. You could end up getting fined or in a serious accident.
Instead of swerving, look for alternate routes to your final destination. This should get you out of traffic faster or help you re-route yourself after missing an exit.
Running Red Lights and Stop Signs
If you’ve run a red light or stop sign, you’ve driven in a reckless fashion. Some people do this on accident, but others blow through traffic stops so they can get to their destination faster.
To avoid running red lights and stop signs, you should make sure you’re directing the proper amount of attention to road signs and fixtures. Watch for people stopping ahead of you as well. This might alert you to a stop sign or red light you don’t see yet.
Drag Racing
Drag racing may sound fun, but it’s a sure way to get in trouble with the law or get in a huge accident. Racing on public roads gets dangerous because racers do not follow the laws or go with the flow of traffic. Instead, they often cut people off and create hazardous road conditions.
Street racing can earn you thousands of dollars in fines and some time in jail.
When Do You Need a Lawyer?
If you’ve received a criminal charge for reckless driving, you’ll need to hire a lawyer.
A good lawyer will take a look at your case and help you best navigate it. They’ll gather evidence to use in your favor in the court and try to get you acquitted or lessen your sentence.
Ready to Hire a Lawyer?
If you’ve read this and determined your situation was brought about by reckless driving, you should start looking for a lawyer as soon as possible.
The right legal professional will have years of experience working with clients like you. They’ll have a great reputation for practicing in their area as well.
Our team meets both of those objectives. If you need a lawyer today, contact us to learn more about what we can do to help you!
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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What Happens When a Driver Accepts a Plea Deal for a DUI?
One of the worst things you might think of happening to you is getting a DUI.
Florida has plenty of people that pay the price for this, with over 32,000 people in the state getting arrested for DUI charges last year.
When you think of a DUI, you may think of automatically losing your license or even going to jail.
But, what if there was a way out of that? What if there was a way for you to have lighter charges against you than you might have expected?
A plea deal would be the best way for you to be able to take that option. This is what you need to know if you want to accept a plea deal.
Reducing Charges
In a plea deal, one of the key pieces of the negotiation between the prosecutor and the defendant’s lawyer is the reduction of charges. For a DUI, that can potentially mean avoiding jail time, reducing fines, and reducing the time of your license suspension.
When you accept a plea deal, one thing that might happen is that the penalties for your charges get reduced. An example would be that in Florida, you can be fined up to $1,000 for your first DUI.
Your DUI attorney may get a plea deal for you that reduces that fine to the state minimum of $500.
If you are lucky, other plea deals can allow you to have the DUI charge dropped entirely. One example could be that if there is not sufficient evidence to prove that you had a DUI. Such as a breathalyzer test. Then they may negotiate for you to accept a lesser charge that was piled on such as unsafe driving.
These can be minor changes that end up on your record. But allow you to avoid a bigger criminal offense and more severe penalties from something like a DUI.
Number of Offenses
The number of offenses you have in the past will be a big factor in how much leniency you get with a plea deal. For example, it is highly unlikely that you will go to jail for your first offense for a DUI. You would most likely have more room to negotiate a plea deal in that situation.
Whereas if you are on your fourth offense, there are going to be higher minimum penalties for a DUI. Plus, the judge and prosecutor are going to be tougher on you. Because you keep coming back into their courtroom for the same charge.
Another example of this is the license suspension length. For a first offense, you may be able to get your months of suspension down to the minimum. But, on your fourth offense, it jumps up to a permanent license suspension with you not being eligible for hardship reinstatement for five years.
So, do not expect to get as easy of a plea deal if you have more priors. The stronger the evidence and the case are for the prosecutor, the less negotiation room you have for your case.
Judge Can Reject It
When it comes to plea deals, they are generally made between a DUI lawyer and a prosecutor. What that means is even if an agreement is made between those two people, a judge has to sign off on it.
If the judge does not like what they are seeing on paper or feels that your punishment is too lenient. Then they have the power to reject the plea deal. They must declare this before you enter your plea. But nevertheless, that type of decision could impact whether you would want to plea guilty.
Say you get your fourth DUI and there is a negotiation going on between an attorney and the prosecutor over how much jail time you will serve. Those two may agree to give you 90 days in jail, which is just 60 days over the minimum amount required.
However, the maximum amount that you can give in this situation is five years, so a judge in this situation may feel like you are getting off easy by only having to serve 90 days. In that situation, they would reject your plea deal and demand that there be a longer jail sentence on your plea.
Avoiding Trial
One of the best reasons to take a plea deal is to avoid trial. For a DUI, you would have to be strongly confident that you are completely innocent of the charges that are against you.
Not going to trial allows you to avoid the possibility of facing even more severe penalties. And more severe charges on your record. On top of that, it can also save you a lot of money in attorney fees.
If you were to go to trial, you would have to pay your attorney more money for more hours of their time in a courtroom defending you. This is not always necessary. So in the case of a DUI, the majority of the time it is beneficial for you to take the deal to avoid this financial burden.
Hire a Lawyer to Get a Plea Deal
The best thing to have in your back pocket to get a plea deal is an experienced lawyer with DUI cases. Our representation can not only save you time but potentially save you money. As well as, your privilege to drive, and even your freedom.
Are you a loved one looking for representation to try to get a deal for your DUI charge? Contact us today to learn more about what steps to take.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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What Traffic Violations Are Considered Criminal Offenses?
Whether it’s a traffic issue or any other part of life, we all want to keep our noses clean and stay out of trouble with the law. But if you see the flash of blue lights in your rearview mirror, you might wonder if you’ve committed a criminal offense.
There is a difference between going a few miles over the speed limit and committing a serious traffic violation. We’re going to shine a light on exactly what traffic violations are actually crimes.
Read on to find out what traffic violations are actually criminal offenses.
Traffic Violations: What’s the Law?
A traffic violation is any unlawful activity that occurs while you are operating a motor vehicle. Generally, each state has its own laws for this, so there are no federal traffic crimes as such. Federal agents do not usually have the authority to issue traffic tickets but can call the police to do so.
Many states categorize traffic violations in three ways:
- civil infractions
- misdemeanors
- felonies
It’s important to note that the police will take other factors into account when classifying the offense. This includes your prior convictions and the level of damage to people or property.
Traffic Infraction
A traffic infraction can also be known as a violation or a civil infraction. Although the action is against the law, it is not a crime.
This could include:
- failing to stop at a stop sign
- failing to signal
- not wearing a seat belt
- speeding (usually 5-10mph over the limit)
- red light violations
So rest assured, if you got a couple of speeding tickets for going 5 miles over the limit, you are not a criminal. You have not committed traffic crimes. You will almost certainly however get demerit points on your license and a fine.
Traffic infractions are often broken down into two further groups – moving and nonmoving violations. Moving violations are usually the more serious as there is greater risk involved.
Criminal Traffic Offenses: Misdemeanors and Felonies
Infractions are not punishable by jail time. A traffic offense that is punishable by imprisonment is usually considered to be a criminal offense. There are two types of criminal offenses – misdemeanor and felony.
As the name suggests, a traffic misdemeanor is a violation of traffic law. Many offenses can be either misdemeanors or felonies. The difference is usually the risk of harm to others that the violation causes.
For example, an infraction like speeding may become a misdemeanor. This happens in certain states if the driver exceeds the speed limit by an excessive amount. Serious speeding can be a traffic felony. In this case, it could become reckless driving.
Examples of traffic violations that are misdemeanors include:
- DUI – driving under the influence of drugs or alcohol
- driving while suspended
- hit-and-run
- vehicular homicide
- reckless driving
- expired registration
Some of these could become traffic felonies if certain aggravating factors are present. These include:
- being a repeat offender
- causing damage to property or people
- causing death
Repeat offenders face stiffer penalties in all states for the same offenses.
What Is a Habitual Traffic Offender?
Many states charge repeat offenders as habitual traffic offenders (HTOs). Each state has its own criteria for what qualifies as such. If you receive a certain number of convictions within a set period, you can face losing your license, hefty fines, and jail time.
If this is likely to happen to you, take legal advice. Get on board with driver improvement programs to get as far away from this as possible.
How States Handle Traffic Violations
For example, in the State of New York, a first DUI (known as a DWI – driving while intoxicated) may be a misdemeanor or a felony. This depends on aggravating factors. For your first offense, you could face a mandatory fine of $1,000-$2,500 and a maximum of 1 year in jail.
If you face a second aggravated DWI, you could face a mandatory fine of $1,000-$5,000 and up to 4 years in jail. A third could get you 7 years in jail, and a mandatory fine of up to $10,000.
Other states handle a first DUI differently. They may impose a fine, and send you to mandatory alcohol addiction classes. However, other states have a zero-tolerance approach to driving while under the influence.
Each state will have its own way of classifying and handling traffic violations. The one thing they all have in common? Obey traffic laws, drive carefully, and you’ll never have anything to worry about.
How Traffic Violations Are Handled
The majority of minor traffic infractions result in a ticket from a police officer on the spot. But if you are charged with one of the major traffic violations we have discussed, the process is different.
Depending on this situation, the officer may arrest you. After charging you at the station, you will then appear in court to face the charges against you.
If you ever get into a car accident, whatever has happened, do not leave the scene. This in itself can become a serious traffic crime.
Appearing in Court
Whenever you receive a traffic ticket, you will be summoned to appear in court. Usually, you will have to pay a fine.
In more serious misdemeanor and felony cases, you may be facing a heavy fine, suspended license, probation, and possibly jail time. You will also now have a criminal record, which can affect your future job prospects.
You will need to hire a lawyer with proven experience in this type of case. An experienced lawyer can argue your case and help to get possible fines reduced or jail terms reduced to probation.
Without proper legal support, you are more likely to face severe consequences.
Traffic Violations? Find the Right Lawyer
Facing court for traffic violations is a scary business. If you ever find yourself in that situation, you need a crack legal team on your side to fight your case.
At RHINO Lawyers, your case is our passion. We focus on auto accident law. We will fight to get the best possible outcome for your individual situation.
Contact us today for a free case review.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Should You Hire a Lawyer to Help Fight Your Traffic Ticket?
Getting a traffic ticket is not a delightful experience at all. But after getting one, there is no going back. You must take the bull by the horns.
While many people pay the ticket and move on, you may want to hire a lawyer to help contest and fight your traffic ticket.
Do you know more than 41 million drivers get a speeding ticket annually in the US? While getting a traffic ticket is not a felony or misdemeanor, it can have some serious and far-reaching consequences. For instance, you may have to pay hefty fines, temporarily lose your license, or shoot up your insurance cost.
Do you feel upset and stressed after getting a traffic ticket that you didn’t deserve? A reputable traffic ticket lawyer is invaluable to get the ticket dismissed.
But, do you know not every attorney can help? Yes, every ticket defense attorney is unique, and finding the most suitable one for you is imperative. The wrong choice will only add salt to the injury.
Maybe you are wondering if you really need an attorney in your sitch. Keep reading to know the reasons to hire a traffic ticket attorney.
They Know How to Get You Out of It
A well-established attorney has already dealt with multiple traffic ticket cases and knows the right way to get their clients out of it.
A lawyer can easily find a mistake in the traffic ticket or know how to prove that you didn’t commit any traffic offense. If they find a mistake or error on the ticket, then be sure the ticket will be dismissed.
However, if you are fighting alone to have the ticket dismissed, you can miss such errors. Also, you don’t know the right steps to navigate through the process. This means you may end up wasting your time and finally pay for the ticket.
To be assured you can get out of the ticket, finding an experienced attorney is necessary.
Traffic Attorney Knows Your Rights
Do you know the rights and privileges you have as a driver in your state? Well, a lawyer is adept in traffic laws and can easily manipulate this to get your ticket reduced or dismissed.
An experienced attorney also knows how to represent you before a judge and fight for your rights. You will have peace of mind knowing an attorney with a full understanding of the law represents your best interests.
They Are Less Expensive Than You Think
Most people think of paying boatloads of money when they hear of hiring an attorney. It might be true in some cases, but not when fighting for a traffic ticket. A traffic attorney is not too expensive for you; if they were, they wouldn’t exist.
The main intent of hiring an attorney is to have your traffic dismissed or reduced, right? Then why would you hire an attorney whose fees are higher than the fines on the ticket? Most of these attorneys charge reasonable and affordable rates for their clients.
Remember, handling a ticket will take the lawyer much less time than when handling a felony. This implies that an attorney can handle multiple cases simultaneously and doesn’t have to be expensive.
You don’t have to break the bank while hiring an attorney to fight your traffic ticket; find one today.
They Can Get Your Traffic Ticket Reduced
Let’s be honest. What if you deserved the ticket, but you are charged hefty fines? Do you still have to pay them?
While you have to take responsibility for the traffic offense, you don’t have to pay the entire fine. A trusted traffic attorney can help you to get the ticket reduced.
A good lawyer has pro skills in negotiating on behalf of their clients to reduce the fines drastically. They have in-depth knowledge in the matter and know what to use to convince the judge to reduce the fines. Can you achieve this on your own without any legal background in traffic offenses?
Regardless of your situation, the best traffic lawyers can help you out.
Experience Lawyers Intimidate Prosecutors
You’ve probably heard of the saying, “when the big brothers show up, bullies calm down.” That is what happens when you hire an experienced traffic ticket lawyer to represent you.
When representing yourself, the prosecutor is not scared at all. Furthermore, they already know you can’t push so hard and will push you to the wall or make you accept the charges. Representing yourself is likely to get you severe penalties or pay higher fines.
When a reputable traffic lawyer represents you, the prosecutor knows they can’t bully you. The lawyer has worked with them already and knows the tips and tricks to have the traffic ticket stand. The attorney can easily help you pay reduced fines or, better, walk away scot-free.
Traffic Attorney Will Represent You in Trial
If you are going to contest your traffic ticket, you will need to appear in court at least twice. However, with the right attorney, you don’t have to go to court at all. You won’t have to cancel all your schedules to appear in court since your attorney will do that on your behalf.
They have spent numerous hours in the courtroom and possess extensive knowledge of what to focus on during the trial. You will thus carry on with your daily activities and have a professional take care of your traffic ticket.
Hire a Lawyer to Fight Your Traffic Ticket
Getting a traffic ticket doesn’t imply that you are bound to pay. A skilled traffic lawyer can get the ticket reduced or dismissed altogether. While you may think you are guilty, having your ticket reduced or dismissed won’t hurt.
Above are some of the reasons to hire a traffic lawyer.
Are you looking for a traffic lawyer in Florida? At RHINO Lawyers, we’ve got you covered. We are committed to forming a lasting relationship with every client, and with our years of experience, we can help you get a favorable legal outcome.
Contact us today for a free consultation.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Received a Traffic Ticket? What You Need to Do Right Now
Have you recently received a traffic ticket and are unsure of how to proceed? Do you want to see if there is a way to avoid the points that will be added to your driver’s license? If so, then you need to learn all that you can about getting help with a traffic ticket.
Doing so can help you minimize the damage. Rather than adding points to your license, you can hire a Florida traffic ticket defense attorney. They can help you avoid the court date and points.
See below for an in-depth guide on what you should do after you’ve received a traffic ticket for speeding. Or any other violation.
1. Be Respectful and Cooperative
Whenever you’re pulled over by a law enforcement official, the single worst thing that you can do is show an attitude or be intentionally uncooperative. Doing so might result in something far worse than a speeding ticket.
Truth be told, those officers are human, just like you. They might take it easy on someone respectful and honest after being pulled over.
Just to clarify, being polite won’t guarantee that you get out of a ticket. Some situations might force their hand, such as catching you going 15 mph over the speed limit. By the way, speeding has been proven to slowly damage your car.
When you’re pulled over, get to the side of the road safely, put your car in park, turn the car off, and then place your hands on the steering wheel. Answer the officer’s questions without pigeonholing yourself or admitting that you were guilty.
Stay as relaxed as possible. If the police officer does hand you a traffic ticket, simply accept it, thank them, and then wait for them to give you the “ok” to drive away.
You’ll still have plenty of time to fight the traffic ticket you were given, but that comes later after you’ve hired an attorney. When on the scene, act respectfully even if you don’t feel that you deserved a speeding ticket. Fighting it will just make matters worse.
2. Know the Typical Process for Traffic Tickets
After you’ve received your traffic ticket, there are two routes that you can choose: either fight the traffic ticket or pay for it. We would strongly advise against doing the latter, but let’s take a look at what you can expect if you did just decide to pay for the ticket.
First, you will be assigned a court date, which the police officer will assign to you when they initially-hand you the traffic ticket. If you’re planning on paying for the ticket, then you won’t have to appear for the court date, just pay the ticket and move on.
There are certain situations in which you will have to appear in court for a traffic ticket, such as if you were accused of reckless driving.
Paying the ticket is essentially admitting guilt to the traffic violation. As a result, you will have points added to your driver’s license. When your car insurance provider finds out, they will raise your car insurance premiums, thus causing you more money month to month.
3. Reach Out to a Trusted Traffic Ticket Defense Attorney
Now that we’ve seen what would happen if you simply rolled over and paid the traffic ticket you were given. Now let’s look at the other end of the spectrum. What if you decided to fight the ticket?
First, you would want to start by finding a trusted traffic ticket defense attorney. Just to clarify, you can reach out to an attorney regardless of whether you feel you were guilty or not.
Upon reaching out to the traffic ticket defense attorney, you’ll be able to relay what happened in as much detail as you can. Once you’re finished, they can offer their services to you and help you make the ticket disappear.
Granted, not all ticket traffic defense lawyers are created equally, so be sure to hire us at RHINO Lawyers. We have a reputation that trumps all others; we’ve helped thousands of drivers dismiss their traffic tickets and vow to do the same for you.
We’re so confident in our abilities that we offer a promise. We’ll get you out of your court date and have no points added to your driver’s license or we’ll give you your money back*.
*Speeding 29+ MPH ineligible. Court costs additional if any.
What If You Don’t Take Either Action?
There are some out there that decide they won’t take either route. They won’t pay the ticket, but they decide not to hire a traffic ticket lawyer either. What would happen if you went down that path?
Nothing good. If you don’t pay your traffic ticket, then the court can take several actions. They can have your driver’s license suspended and they will likely charge you more fines for the tardiness. Plus, they may even issue a warrant out for your arrest.
Make sure to hire a traffic ticket lawyer who can get that ticket dismissed. That way, when insurance providers look at your driving record, it will appear as if nothing ever happened.
Get Help With Traffic Ticket: Hire a Traffic Ticket Defense Lawyer Today
Now that you have seen an in-depth guide on what you need to do after you have received a traffic ticket in the state of Florida. Be sure to use this information to your advantage.
Take the time to read this article for more information on the five strategies you can use to get out of a traffic ticket. To get started, please reach out to us by phone at 844-744-6677. And we will be happy to assist you further.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Civil vs. Criminal Traffic Violation: What’s the Difference?
For many of us, our knowledge of the law comes from tv shows and movies. But when you find yourself with a traffic ticket you may be disappointed to find out that there isn’t an actor assigned to play your lawyer. You need real legal representation – and fast.
But what about if it’s a civil traffic violation? How is that different from a criminal traffic violation? And what should you do in each of those situations?
First, take a deep breath. This article will explain everything you need to know about civil and criminal traffic offenses.
Civil vs Criminal Law
Civil law deals with an individual’s private rights. In fact, when a person’s rights are violated they may be involved in a civil court case. Examples of civil cases include:
- Child support/child custody
- Property damage
- Contract dispute
- Class action suits
Criminal law deals with a violation of local, state, or federal law. Thus, criminal law cases go through the criminal court system. Examples of criminal law cases include:
- Drug possession
- Assault
- Murder
- Theft
Generally, if a person is found guilty in a civil case the punishment is less severe than in a criminal case. Now that you understand the basic differences between civil and criminal law, let’s review the differences between a criminal traffic ticket and a civil traffic ticket.
Civil Traffic Violation
A civil traffic violation is usually a minor traffic offense. But, civil traffic violations can lead to a civil traffic ticket and points on your driver’s license. You can read more about the point system for different violations here. Here are a few examples of civil traffic violations:
- An illegal U-turn
- Speeding
- Failing to stop at a stoplight
- Parking violation
You might hear people refer to civil traffic tickets as traffic citations, moving violations, or just traffic tickets. Because a civil traffic violation is more common than a criminal traffic violation.
What to Expect if You Get a Civil Traffic Ticket
So, if you violate certain traffic laws, law enforcement will give you a paper citation. On the citation, you will find instructions on what to do. For some civil traffic violations, you can pay a fine and you do not have to go to court. Even if you do not go to court, you may get points on your driver’s license.
Too many points on your driver’s license can have serious consequences like suspending or losing your license. Driving with a suspended license is a criminal offense.
If you get a civil traffic ticket, you can request an informal hearing to discuss the case. You can also request a formal hearing and hire a defense lawyer to represent you. You may also choose to attend traffic school to remove points from your driver’s license.
Before you pay a fine or go to traffic school, talk to a defense attorney. They may be able to help you with a civil traffic offense.
Criminal Traffic Violation
A criminal traffic violation is more serious than a civil traffic violation. You can get arrested by law enforcement for a criminal traffic violation depending on the situation. Here are a few examples of criminal traffic violations:
- Reckless driving (racing, weaving through traffic, tailgating, etc.)
- Driving under the influence (DUI)
- Driving while intoxicated (DWI)
- Hit and run
- Leaving the scene of an accident
- Habitual traffic offender
- Driving with a suspended/revoked license
The penalty for a criminal traffic violation depends on the severity of the case. A criminal traffic case may result in a fine, license suspension, or jail time. Some criminal traffic violations are misdemeanors and others are felonies.
Felony criminal traffic violations include hit and run, vehicular manslaughter, and third-strike DUIs. Almost all other criminal traffic violations are misdemeanors.
Looking for a defense lawyer in Tampa? Click here to learn more.
What to Expect if You Get a Criminal Traffic Ticket
If you have been charged with a criminal traffic violation, contact a defense attorney right away. Having legal representation will help you get the best possible outcome.
If you get convicted of a criminal traffic offense felony you may face jail time, prison time, probation, traffic school, and fines. You may also have your driver’s license suspended or taken away. Felony offenses may appear on your permanent criminal record. You cannot get a felony removed from your permanent record in Florida.
Many criminal traffic tickets are misdemeanor offenses. This will result in points on your driver’s license. In Florida, if you get 12 points in 12 months you receive a suspended license for one month. If you get 18 points in 18 months you receive a suspended license for 3 months. And if you get 24 points in 36 months you receive a suspended license for one year.
Points on your driver’s license go away after 36 months. Having points on your license will also increase your car insurance premiums, so it’s best to avoid any points at all.
Civil vs Criminal Traffic Violation
Civil traffic violations are not as serious as criminal traffic violations. The proceedings for a criminal traffic case are similar to any other criminal case. The defendant is expected to appear in court with legal representation.
In many instances, the defendant and their criminal defense lawyer will attend a bench trial. A bench trial is a meeting with a judge and no jury. However, if jail time is a possible penalty, the case may have a jury that helps decide the case.
Regardless of whether you’re facing a criminal or civil violation, you should seek advice from a legal representative. You don’t want to pay money or get points on your license if you can avoid it. Learn more about handling traffic tickets here.
Hire RHINO Lawyers
If you have a civil or criminal traffic violation, RHINO Lawyers can help. We will work with you to ensure the best possible outcome for your case.
Our friendly and helpful team can answer all of your questions and walk you through every step of the process. We offer a free video consultation or free case review via email. You can also chat with someone online if you have questions or concerns about your case.
Don’t wait – contact us online or call us at (844) RHINO-77!
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Important Facts About Florida DUI Cases
Whether we like it or not, we don’t always make the best decisions. In the year 2017 alone, 515 people were killed in drunk driving accidents.
Obviously, drinking and driving is not a safe decision but sometimes we make mistakes. Those mistakes can haunt us for the rest of our lives. Let’s talk about Florida DUI laws, penalties, facts, and what you can do to protect yourself.
Florida DUI Penalties
If you’ve received a DUI, the first penalty will be your arrest and booking. Additionally, they will place you in the so-called “drunk tank”. Along with other folks with similar charges that night. And you will need to post bail for release.
If you are unable to cover the bail, you will either need a bail bondsman to cover the fee. Or you will remain in jail until your court date. Upon your release, you’ll receive dates to your arraignment where you will either plead guilty or not guilty. If you plea guilty or they find found guilty in a trial, there are some consequences.
Keep in mind that in the event of property damage, bodily injury, or death during the offense, these penalties may increase drastically.
1st Offense
For a first offense, you will likely receive a fine of between $500 to $1,000. If your blood-alcohol content (BAC) was found to be higher than 0.15, the fine will be between $1,000 and $2,000.
It is unlikely that you will serve time in prison for a first offense. As long as it was without any property damage or bodily harm. However, you could face up to a maximum of 6 months in prison for the first offense in Florida.
You will also face a license suspension of no less than 6 months to no more than 1 year (minimum 3 years with bodily injury), and you could face other penalties such as community service or be mandated to attend a drunk driving course or certified DUI program.
2nd Offense
For a second conviction, you’ll be facing a minimum fine of between $1,000 and $2,000. And between $2,000 and $4,000 with a BAC of 0.15 or higher.
You will also be facing up to a maximum sentence of 9 months in prison with no additional charges. Plus, if your BAC was above the 0.15 threshold or if there was a minor present in the vehicle, the maximum will be raised to 12 months in prison. But, if this second conviction was within 5 years of a prior conviction, you will face a minimum sentence of 10 days in prison. Which is enough to lose your job!
If your second offense occurred within 5 years of the previous offense, then they will suspend your license for a minimum of 5 years. Although, you will have a chance for hardship reinstatement after 1 year. If it occurs after the 5-year mark, it will be between 6 months and 1-year suspension.
3rd & 4th Offense
For both offenses, you will face a fine of no less than $2,000 and no more than $5,000. The minimum will be $4,000 if there is a minor in the vehicle or your BAC was found to be above 0.15.
For a third conviction, you will face a minimum of 30 days in prison with a maximum of 12 months. It jumps to a maximum of 5 years for a fourth conviction.
For your third offense, you will have a minimum of 10 years license revocation with the eligibility for hardship reinstatement after two years. The fourth offense will result in permanent revocation with a chance for hardship reinstatement after 5 years.
What You Need To Know About DUI Charges In Florida
DUIs are one of the most serious criminal traffic offenses in Florida and you can see that by the penalties listed above.
Florida sees over 40,000 DUI cases every year, and they can ruin your life. If you’re forced to spend even a few days in prison, it could be the difference between keeping your job and losing it.
It will also leave you with a criminal record that will last for your entire lifetime. While most states have a statute of 10 years to keep DUI charges on your record. Florida keeps them for 75 years. This will not only create challenges with future job prospects but it could also increase your penalties for future charges, especially ones associated with driving.
If you drive for a living, commute to work, or need your license in good standing, your job could be ruined. Truck driving is one of the most common jobs in the US. And your CDL will be instantly revoked after a DUI, which ruins your career.
In all the penalties, we didn’t even mention probation. That can cause headaches for years, hurt you on job prospects, and make smaller violations send you to prison.
How To Protect Yourself
If you find yourself facing DUI charges, you need to protect yourself. It’s clear to see how devastating these charges are and how easily they can harm your standing in life.
The best thing you can do is hire an experienced drunk driving lawyer to get you the best help. If they don’t have DUI cases under their belt. They won’t be able to help you the same way an experienced DUI attorney can.
Get Help Today
Drunk driving isn’t safe but we don’t always make the best decisions. Florida DUI laws are strict, and if you don’t take the proper precautions, you could find yourself in a lot of trouble. If you’re fighting a case, don’t do it alone. Contact us today to see how a criminal defense lawyer can help you get the best results for your case!
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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5 Strategies to Get Out of a Traffic Ticket
Approximately 112,000 drivers in America get a traffic ticket each day. So if you’ve been given a ticket, you are not alone.
Not only can tickets damage your driving record, but they can be costly. You may even have to go to traffic court to settle some moving violations.
If you’ve resigned yourself to paying the fee and taking the points, you should know that there are some simple ways to get out of a traffic ticket.
That’s right, several strategies allow you to walk away without paying a fine or losing points. Use any of these methods when you’ve been pulled over to get away scot-free.
1. Use Your Manners
Traffic cops don’t like it when you break out the theatrics and start crying to get out of a ticket. You’re much more likely to get what you want if you are polite and use your manners.
Start by keeping both of your hands on your steering wheel at all times. This keeps the officer from worrying that you are reaching for a weapon. If you need to get something from your bag or glove box, let the officer know first.
You can also engage in a conversation with the police officer. Ask him or her how their day is going and make small talk during the encounter. This humanizes you and can help you get out of the ticket.
Your attitude should be pleasant and helpful. Answer the officer’s questions respectfully and avoid becoming defensive or argumentative.
2. Be Honest
There’s a lot of advice out there telling you to come up with a good excuse when you get pulled over. While you might think yours is unique, chances are that the police officer has heard it before.
This is likely to irritate the cop and when that happens, the chances of getting out the ticket go down dramatically. It’s much better, to be honest, and open about the infraction.
Let the officer know that you recognize the law you broke. This might be speeding, running a red light, or failing to offer the right of way correctly. Whatever it is, acknowledge your mistake and apologize for it.
Cops are lied to every day and they naturally get tired of it. Having an honest interaction is refreshing and could leave you with a warning instead of a ticket.
3. Mistake of Fact
If you can prove that your moving violation was due to something beyond your control, you may be able to get out of the ticket. This is often referred to as a mistake of fact.
It could happen if something is covering a stop sign or if a traffic sign is too faded to see properly. There are many instances when you can rely on a mistake of fact to get out of a ticket.
If this is your defense, try to get pictures of the sign or area on the road so that you have proof that the traffic violation occurred due to circumstances outside your control.
In these instances, your traffic ticket may be thrown out because you made an honest error. However, you can’t use this excuse and then try to come up with a reason later.
You need to have an honest occurrence to make your case with the mistake-of-fact defense.
4. Have an Excuse
This advice comes with a caveat. You should never use false excuses to get out-of-traffic tickets. It may work sometimes, but if you get pulled over and are planning on disputing a traffic ticket in court, your lie may be discovered.
However, if you have a real excuse, don’t be afraid to use it. For example, if you’re pulled over for speeding because you’re racing to pick up your injured child from school, don’t be afraid to let the officer know.
Stay away from excuses that aren’t reasonable. Being late for work, needing to use the bathroom, or trying to get to the store before it closes are excuses that aren’t going to work in your favor.
Irritated cops are more likely to hand out traffic tickets, so don’t use lame excuses to get out of it. Real reasons to break traffic laws may be overlooked, but be realistic about what might actually get you out of the ticket.
5. Show Up in Court
If you are handed a ticket after being pulled over, hope isn’t lost. You can still try to get out of the ticket in court. The most important way to do this is to show up at the appointed time.
A traffic ticket dispute is much more likely to go your way if you appear on time, look professional, and are prepared. Have all of your paperwork together and be ready to make your case.
If you are nervous or uncomfortable doing this on your own and feel that you have a solid case, consider hiring a criminal defense attorney to help you navigate the process.
What Not to Do When Trying to Get Out of a Traffic Ticket
Just as there are many things you should do when you’re trying to escape a traffic ticket, there are some things you shouldn’t do.
As mentioned above, using false excuses is not a good idea. Lying is never advised, as getting caught in the lie certainly won’t help your case.
Avoid making inappropriate jokes. Don’t tell the officer you were speeding because you just robbed the bank, for example.
Never get out of your car during a traffic stop. This is dangerous for you and the officer. Always pull to the right, unless otherwise instructed.
What’s Next?
So you got pulled over and want to get out of a traffic ticket. It’s entirely possible that you could talk your way out of it using any of the tips on this list.
Remember that cops are people, too. Be polite and respectful. They are doing their job and you can make it easier for both of you by doing your part to end the interaction on a positive note.
Contact us today and we’ll help you every step of the way.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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