What Questions Do You Have to Answer During a DUI Stop in Florida?

Being stopped for a DUI can be overwhelming with flashing lights, intense questioning, and uncertainty about your rights. It’s essential to know that during a DUI stop, you are only required to answer specific questions, such as providing identification, but you have the right to remain silent on other matters to avoid self-incrimination. Staying calm, polite, and withholding answers beyond what is legally required can help protect your case later.

If you’re facing DUI charges, Morris Law Firm offers aggressive and knowledgeable legal defense to protect your rights and freedom. Our skilled criminal defense attorneys understand how to fight improper stops, inaccurate testing, and procedural mistakes that can make or break your case.

Your Legal Obligations During a Florida DUI Traffic Stop

When an officer initiates a traffic stop in Florida, you are legally required to pull over safely and cooperate with basic identification requests. However, your obligation to answer questions is limited by your constitutional rights. The Fifth Amendment protects you from self-incrimination, meaning you do not have to provide information that could be used against you.

Things you must provide include:

Your full name
Driver’s license
Vehicle registration
Proof of insurance

These are standard documents that every driver must carry and show upon request. Refusing to provide them can lead to additional legal trouble, such as citations or charges for failing to comply with lawful orders.

Beyond providing identification and documentation, you are not legally required to answer further questions about where you were, what you were doing, or whether you consumed alcohol.

Questions You Are Not Required to Answer During a Florida DUI Investigation

After checking your license and registration, the officer may begin asking open-ended questions meant to gauge impairment or gather probable cause, such as:

“Where are you coming from?”
“Have you been drinking tonight?”
“How many drinks have you had?”
“What time was your last drink?”

While these questions may sound routine, law enforcement is not required to ask them. If you willingly answer these questions, your answers can be used as evidence in a DUI case. Even a small, seemingly harmless statement can later be interpreted as an admission.

If you are unsure what to say, it is perfectly lawful to remain polite yet firm. You might respond with something like, “I prefer not to answer any questions without an attorney present.”

This statement signals that you are aware of your rights while remaining cooperative.

Field Sobriety Tests and Breath Tests: Knowing Your Rights in a Florida DUI Stop

When stopped on suspicion of DUI, law enforcement may ask you to do two types of tests: field sobriety tests and a preliminary breath test (PBT). It is important to understand your rights regarding each.

Field Sobriety Tests: These are physical coordination tasks like walking a straight line, standing on one leg, or following an object with your eyes. In Florida, these tests are completely voluntary. You have the right to politely decline them without penalty. Many conditions such as tiredness, nerves, medical issues, or uneven terrain can cause poor performance, even if you haven’t been drinking.

Preliminary Breath Test (PBT): This is a portable breathalyzer used on the roadside before arrest. Like field sobriety tests, a PBT is voluntary, meaning you can refuse it without immediate penalties. However, if you are formally arrested for DUI, Florida’s implied consent law requires you to submit to a chemical test (breath, blood, or urine) at the station.

Refusing to take a post-arrest chemical test leads to immediate administrative penalties, including driver’s license suspension. Repeated refusals can cause harsher penalties and be used against you in court as evidence of guilt.

How to Conduct Yourself and Stay Calm During a DUI Stop

Even if you believe the stop was unfair, staying calm and respectful is the best approach. The officer’s observations—your tone, body language, and behavior—may appear later in their report and could be used as evidence.

A few key reminders during a DUI stop include:

Keep your hands visible at all times.
Speak calmly and avoid sudden or aggressive movements.
Provide only the required documents when asked.
Avoid volunteering extra details or trying to “talk your way out.”
Politely decline consent to any vehicle searches unless there’s a warrant.

If you are taken into custody, it’s important to immediately request an attorney and remain silent until your lawyer is present. Anything you say during or after the arrest can be used in court.

After the Stop: Protecting Your Future and Challenging Florida DUI Charges

If you are arrested or cited for DUI, what you do next matters. Florida imposes strict penalties for DUI convictions, including fines, license suspension, ignition interlock requirements, community service, and even jail time. Early legal intervention can help protect your rights and challenge any improper procedures or evidence.

A skilled DUI defense attorney can review whether the officer had probable cause, whether testing procedures were followed correctly, and whether your constitutional rights were respected during the stop.

Contact Our St. Petersburg DUI Defense Team for Legal Representation

At Morris Law Firm, we understand how stressful and confusing a DUI arrest can be. Our team has extensive experience defending clients in St. Petersburg and throughout Pinellas County, handling everything from first-time DUI charges to complex felony DUI cases.

Contact Morris Law Firm today at (727) 388-4736 to schedule a confidential consultation.

Getting Ahead of Your Domestic Violence Charge in Florida

When you are facing a domestic violence charge, it can feel like your life is suddenly under a microscope. At Morris Law Firm, we guide you through this process with attentive, practical support, helping you understand the charges, your legal options, and the steps needed to address your case effectively. We focus on protecting your rights, your time with your family, and your future opportunities. Contact us today for a free consultation and start getting ahead of your domestic violence charge.

Understanding Domestic Violence Charges in Florida

If you’ve been accused of domestic violence in Florida, it’s important to understand what the law defines as “domestic violence” and how it applies to your situation. These charges can involve more than just physical altercations. They may include allegations of threats, stalking, emotional abuse, or any act that causes fear or harm to a family or household member.

At Morris Law Firm, we take the time to walk you through the charges, explain the legal process, and outline the steps we can take to minimize the impact a domestic violence charge has on your life.

Why Early Legal Action Is Critical

Taking steps early in a domestic violence case can significantly influence the direction and outcome of your situation. Immediate legal guidance allows you to respond strategically and protect your rights from the very start.

Some key reasons early action matters include:

Preserving evidence and documenting events accurately
Understanding and responding to restraining orders or temporary measures
Communicating appropriately with law enforcement and prosecutors
Developing a tailored defense strategy before deadlines or court appearances
Minimizing the impact on your personal and professional life

The Serious Consequences of a Domestic Violence Conviction

Being charged with domestic violence is not the same as being convicted, but once a conviction appears on your record, the effects can ripple through every part of your life.

At Morris Law Firm, we can help you confront these charges head-on, working to reduce or dismiss your charges entirely.

Jail Time and Criminal Penalties

The penalties for a domestic violence conviction in Florida vary depending on the situation.

Penalty Category	Penalties
Jail or Prison Time	Up to 1 year in county jail for a first-time misdemeanor. Felony charges resulting in 5+ years in state prison
Mandatory Minimum Sentences	10 days for 1st offense involving bodily harm15 days for 2nd offense20 days for 3rd or later offense with victim injury
Fines and Fees	Up to $1,000 for misdemeanors$5,000+ for feloniesCourt costs, probation fees, counseling expenses
Probation and Counseling	Completion of 26-week Batterers’ Intervention Program (BIP)Up to 1 year probation with strict conditions

Loss of Firearm Rights and Other Civil Restrictions

Convictions for domestic violence carry serious consequences that extend beyond jail time and fines. Other consequences include:

No firearms: Federal and Florida law ban anyone convicted of domestic violence from owning or carrying a gun.
Job restrictions: You may be unable to work in careers that involve firearms, like law enforcement, security, or military service.
Contact limits: Courts often issue no-contact or restraining orders that restrict communication with family members, even your children.
License problems: Certain professional licenses in fields like healthcare, education, or public service can be denied or revoked.
Daily challenges: These restrictions can interfere with parenting, work, and other parts of your normal routine.

Job Loss and Reputation Damage

A domestic violence conviction in Florida can impact both your professional and personal life. Employers often discover convictions through criminal background checks, which can affect both hiring decisions and job security. Professional licenses and security clearances may be suspended or revoked, limiting your ability to work in certain fields.

The resulting social stigma can strain workplace relationships and your standing in the community. Rebuilding your reputation and stability can be a long process, but having the right criminal defense attorney by your side early can help protect and defend your future.

Impact of Domestic Violence Charges on Child Custody

When domestic violence charges enter the picture, they don’t just affect your record. It can change how much time you’re able to spend with your children. In Florida, courts take these allegations very seriously when deciding custody and visitation. That’s why it’s so important to protect your rights and the bond you share with your children from the start.

Florida’s Presumption Against Shared Parental Responsibility

If a parent is convicted of domestic violence, Florida law presumes that shared custody may not be in the child’s best interest. This means you could lose joint decision-making rights unless you can show the court that involvement is safe and appropriate.

Supervised Visitation and Custody Limitations

Courts may order supervised visitation or restrict overnight stays until it’s clear that the child’s safety isn’t at risk. These arrangements can be temporary, but it makes having skilled legal representation even more important when rebuilding your parenting rights.

Protecting Your Parental Rights During Legal Proceedings

Having an attorney by your side ensures that your relationship with your children stays protected while your case moves forward. We help present your side clearly, comply with court orders, and work toward fair custody terms that respect your role as a parent.

Florida Domestic Violence Statistics You Should Know

Domestic violence cases in Florida are taken seriously, and the numbers show just how prevalent these incidents are. Data shows:

Domestic violence reports: In 2020, Florida saw 106,515 domestic‑violence offenses reported.
Arrests: Law enforcement made 63,217 arrests related to these cases, though not all arrests lead to convictions.
Homicides: Domestic violence accounts for roughly 20% of all murders in the state each year.
Prevalence: Lifetime estimates indicate that about 37.9% of women and 29.3% of men experience intimate-partner violence, stalking, or sexual violence.

How Morris Law Firm Can Help You Defend Your Case

The sooner you get ahead of a domestic violence charge, the more control you have over the outcome. At Morris Law Firm, we focus on guiding you through each step, from reviewing evidence to planning your defense. Acting early can help protect your relationships, maintain stability in your daily life, and limit long-term consequences. Contact Morris Law Firm today to start building your defense and get ahead of your domestic violence charge.

The First Steps to Take After a DUI in Florida

Being charged with a DUI in Florida is instantly stressful. From worrying about your driver’s license and insurance rates to navigating court dates and potential career impacts, it’s natural to feel uncertain about the path ahead.

The steps you take right now are the most critical for protecting your rights and regaining control of the situation. Your first move should be to focus on the legal defense. At Morris Law Firm, our DUI attorneys are here to explain the critical 10-day deadline for your license hearing, analyze the details of your stop, arrest, and field sobriety tests, and develop a strong legal strategy focused on minimizing penalties and protecting your future.

Reach out to our dedicated DUI attorneys today to get started.

What Happens When You Get a DUI in Florida

When you are pulled over on suspicion of DUI in Florida, the process can be fast and confusing. Understanding what happens is the first step toward regaining control of the situation:

The Stop and Investigation: The officer asks for your license and registration, observes your behavior, and may request you perform Field Sobriety Tests (FSTs).
Chemical Testing: You may be asked to take a breath, blood, or urine test. If your Blood Alcohol Content (BAC) is 0.08% or higher, or if the officer determines you are impaired, you will likely be arrested.
Arrest and Booking: You are formally arrested and transported to the station for booking, which involves fingerprinting and mugshots.
Immediate License Suspension: Upon arrest, your driver's license can be immediately suspended. You will typically be given a temporary driving permit and a notice regarding your future court date.
First Appearance and Arraignment: You will receive a notice about your upcoming court date, where you will formally enter a plea.

What happens next depends on many factors, including your prior record and the specific circumstances of your arrest.

Understanding DUI Charges in Florida

Getting a DUI in Florida isn’t just about how much you had to drink; it’s about whether your ability to drive safely was affected. Florida law covers not only alcohol, but also drugs and even prescription medications that can impair your reaction times or alter your focus.

Here are some of the main factors that can shape what your DUI charge looks like in Florida:

Your BAC level: If your blood alcohol concentration is 0.08% or higher, the law considers you legally impaired, which forms the basis of most DUI charges.
Age at the time of arrest: Drivers under 21 face much stricter limits, a BAC of just 0.02% can lead to a DUI citation and loss of driving privileges.
Refusing a breath test: Saying no to a breath or chemical test can still lead to a license suspension, since Florida’s “implied consent” law treats refusal as a violation tied to your DUI case.
Aggravating circumstances: A high BAC, injury-causing accident, or prior convictions can elevate your DUI to a more serious offense with tougher penalties.
Prior history: Repeat DUI offenses can quickly turn into felony-level charges, with longer license suspensions, steeper fines, and mandatory jail time.

Penalties for DUI in Florida

The penalties for a DUI in Florida can vary widely depending on your situation. Florida’s laws are designed to discourage impaired driving through a combination of fines, license suspensions, community service, and even jail time.

Felony

A DUI becomes a felony when there are repeat offenses or serious injuries involved. These charges carry much harsher consequences and can affect your freedom, employment, and future opportunities. Penalties may include:

Fines: From $2,000 to $5,000, depending on the circumstances.
Jail or prison: Up to 5 years in state prison for a third DUI within 10 years or a DUI involving injury.
License revocation: Minimum of 10 years, with possible permanent revocation.
Probation and treatment: Mandatory substance abuse evaluation and treatment programs.
Vehicle impoundment: At least 90 days.

Misdemeanor

Most first-time DUIs in Florida are charged as misdemeanors. Even though this is the least severe level, the penalties can still be significant and have long-term effects on your record and daily life. Penalties include:

Fines: Between $500 and $1,000 for a first offense; up to $2,000 if your BAC is 0.15% or higher or if a minor was in the vehicle.
Jail time: Up to 6 months (or up to 9 months with aggravating factors).
License suspension: Between 6 months and 1 year.
Vehicle impoundment: Minimum of 10 days.

Underage DUI

Florida has a zero-tolerance policy for drivers under 21, meaning even a small amount of alcohol can lead to serious penalties. These consequences can impact school, work, and future driving privileges. Underage DUI charges include:

BAC limit: 0.02% or higher can trigger penalties.
License suspension: 6 months for the first offense, 1 year for the second.
Refusal to test: Results in an automatic 1-year suspension.
Mandatory education: Substance abuse course and possible community service requirements.
Future impact: A record of DUI can affect college admissions and insurance rates long after the suspension ends.

5 Steps to Take After a DUI Arrest

After a DUI arrest in Florida, knowing what to do next can make a big difference in how your case moves forward. Each step helps you stay organized, protect your rights, and prepare for what’s ahead.

Contact a DUI attorney: A lawyer can explain your rights, explore possible defenses, and guide you through every part of the process.
Request a DHSMV hearing: You have just 10 days after your arrest to request this hearing to prevent an automatic driver’s license suspension. Your attorney can take care of this on your behalf.
Gather paperwork: Review every document you received from law enforcement; these will include your arraignment date, court information, and details about where your vehicle is being held.
Secure your vehicle: Your car was likely impounded, so you’ll need to locate it, arrange for towing if needed, and pay any related fees to get it released.
Prepare for court: Your arraignment is the first step in your court process. Your attorney can appear for you if appropriate and begin planning your legal strategy.

The 10-Day Rule

In Florida, the clock starts ticking the moment you’re charged with a DUI. You only have 10 days to take action to protect your driver’s license.

During this time, you must request a DHSMV (Department of Highway Safety and Motor Vehicles) hearing to challenge your automatic license suspension. If you miss this deadline, your driving privileges will be suspended, no exceptions.

This hearing gives you and your attorney the chance to argue for your right to drive while your case is pending, and in some cases, to request a hardship license that allows limited driving for work or essential needs.

How a Skilled DUI Lawyer Helps Your Case

A skilled DUI attorney helps you understand every step, protects your rights, and works to minimize the impact on your life. At Morris Law Firm, our DUI attorneys focus on guiding clients through each stage of your case while fighting to protect your driving privileges and future opportunities. Here’s how we help handle your DUI charge:

DHSMV Hearings: Request and represent you in the 10-day hearing to protect your license.
Court Representation: Prepare your case and appear at arraignments, pre-trial hearings, and trial if necessary.
Investigation and Evidence Review: Examine police reports, sobriety tests, and other evidence to identify potential defenses.
Negotiation with Prosecutors: Work to reduce charges or penalties where possible.
Guidance on Consequences: Advise on fines, license suspensions, community service, and other penalties.

Take Action Now, Protect Your Rights

Even when you are facing a DUI charge, there is hope. The DUI attorneys at Morris Law Firm are dedicated defenders of your driving privileges, and we are committed to helping you through each of these steps after a DUI. Reach out today to start working with a team that will defend not only your rights, but your life and your future.

FAQs About DUI Arrests in Florida

How long do you stay in jail for a DUI in Florida?

The amount of time you could spend in jail depends on factors such as whether it’s your first offense, your BAC level, and whether there were aggravating circumstances like injury or property damage. For a first-time misdemeanor DUI, jail time can be up to 6 months, while felony DUIs or repeat offenses can result in years in state prison. A DUI attorney can help you understand what to expect based on your specific situation.

Is your license suspended immediately after a DUI in Florida?

Not always, but Florida law triggers an automatic license suspension if you fail or refuse a breath, blood, or urine test. You have 10 days from your arrest to request a DHSMV hearing to challenge the suspension. Taking action within this window is critical to protecting your driving privileges while your case is pending.

How much does a DUI lawyer cost in Florida?

Attorney fees can vary depending on the complexity of your case, prior offenses, and the services provided. Most DUI attorneys in Florida offer flat fees for standard cases, while more complex cases may be billed hourly. Investing in experienced legal representation can help protect your license, minimize penalties, and provide peace of mind throughout the process.

Can you get a DUI with a prescription or over-the-counter medication?

Yes. Florida law considers impairment from alcohol, illegal drugs, prescription medications, or even over-the-counter drugs that affect your ability to drive safely. If your driving is impaired, you can be charged with a DUI even if your BAC is below 0.08%.

What happens if it’s my first DUI?

First-time DUI offenses are usually treated as misdemeanors but can still carry fines, license suspension, community service, and possible jail time. An attorney can help you explore options for minimizing penalties and, in some cases, seek diversion programs or alternative sentencing.

How long does a DUI stay on your record?

In Florida, a DUI stays on your criminal record permanently. But for many purposes, such as insurance, it may impact rates for up to 10 years. A lawyer can advise you on how to address your record and potential options for reducing long-term consequences.

Do police have to read me my rights after a DUI arrest?

Yes, law enforcement must read you your Miranda rights if you are taken into custody and questioned about the incident. These rights include the right to remain silent and the right to an attorney. Knowing your rights helps protect you during the arrest and any subsequent questioning.

Can the police use force during a DUI arrest?

Police are allowed to use reasonable force to safely take you into custody, but excessive force is not permitted. If you believe force was used improperly, your attorney can review the circumstances and determine whether it could affect your case.

Choosing a Lawyer if You’re Facing Aggravated Battery Charges in Florida

If you have been arrested or are under investigation for aggravated battery in Florida, you are facing one of the most serious charges in the state’s criminal justice system. The penalties are steep. A conviction can mean prison time, major fines, a permanent criminal record, and a lasting impact on your future.

The first step in fighting your aggravated battery charges is choosing the right lawyer who knows how to approach the courts and give you a more favorable outcome. The attorneys at Morris Law Firm have decades of experience handling serious criminal charges. If you’re looking for an experienced aggravated battery lawyer in St. Petersburg, FL, Morris Law Firm offers free, confidential consultations.

Understanding Aggravated Battery Under Florida Law

Under Florida Statute § 784.045, aggravated battery involves more than just physical contact. It includes a higher level of harm or the use of a weapon. A person can be charged with aggravated battery if they:

Intentionally touch or strike another person against their will and
Cause great bodily harm, permanent disability, or permanent disfigurement
Use a deadly weapon
Knowingly commit battery against a pregnant victim

This is a more serious offense than simple battery, which is typically a misdemeanor. Aggravated battery is classified as a violent felony. Morris Law Firm's criminal defense lawyers understand your case isn’t just another case but the future of your life and we’ll work to give it back to you.

Is Aggravated Battery a Felony or Misdemeanor in Florida?

Aggravated battery is always a felony in Florida. It is a second-degree felony, which carries the following potential penalties:

Up to 15 years in Florida state prison
Up to 15 years of probation
Up to $10,000 in fines

If a firearm was used, the penalties may increase significantly under Florida’s 10-20-Life statute. The law requires:

A 10-year mandatory minimum sentence for using a firearm during the commission of a qualifying felony
A 20-year sentence for firing the firearm
A 25-year-to-life sentence if the firearm is discharged and causes death or great bodily harm

In these cases, judges have limited discretion, and the law mandates the sentence regardless of the circumstances. If someone was seriously injured or killed, the offense may also be reclassified and carry a potential life sentence. Your attorney will have to approach your defense in a very thorough and attentive way, and that calls for the right professional legal help.

Potential Consequences of an Aggravated Battery Conviction

A conviction for aggravated battery does more than result in a prison sentence or fine. It can create long-term consequences that affect every area of your life.

Criminal Penalties

Aggravated battery is classified as a second-degree felony in Florida, punishable by up to 15 years in state prison. Sentences typically include a minimum mandatory term of 21 months unless a judge finds grounds for reduction.
Convicted individuals may face up to 15 years of probation following incarceration.
Court-ordered restitution to the victim for medical bills, emotional trauma, and other damages is common.
Fines can reach up to $10,000, with additional court costs and fees.

Criminal Record and Loss of Civil Rights

A felony conviction remains on your criminal record permanently. In Florida, you may also lose:

The right to vote
The right to serve on a jury
The right to own or possess firearms
Eligibility for sealing or expungement in most cases

Employment and Housing

Many employers run background checks and may refuse to hire individuals with violent felony records. A conviction can also prevent you from holding or renewing professional licenses in fields such as healthcare, education, law, and real estate. Landlords may deny rental applications based on your criminal history.

Immigration Consequences

If you are not a U.S. citizen, a conviction for aggravated battery can lead to serious immigration problems. You may face deportation or be found inadmissible to the United States, even if you are a lawful permanent resident. In the current immigration climate, you may be detained for extended periods of time or outright deported if you aren’t legally prepared.

Domestic Violence Enhancements

If the alleged victim is a spouse, former partner, family member, or someone you live with, the court may classify the incident as domestic violence. This can lead to additional penalties including:

Mandatory no-contact orders
Court-mandated counseling programs
Loss of custody or visitation rights
Ineligibility for certain plea agreements

What to Do After an Arrest for Aggravated Battery

Your actions immediately after an arrest can have a significant impact on the outcome of your case. If you are arrested or think you are under investigation:

Do not speak to police or investigators without a lawyer present.
Do not post about the incident on social media or discuss it with friends or family.
Write down everything you remember about the incident, including names of witnesses and any potential evidence.
Preserve any evidence that may support your defense, such as photos, videos, or text messages.
Contact an aggravated battery criminal defense attorney as soon as possible.

The sooner you have legal representation, the better your chance of building an effective defense strategy.

How to Choose the Right Defense Lawyer for Your Case

Not every criminal defense lawyer has the background needed to handle a violent felony like aggravated battery. When choosing a lawyer, look for someone with:

Specific experience defending aggravated battery cases
Knowledge of Florida’s sentencing enhancements, such as 10-20-Life
Familiarity with the local courts, judges, and prosecutors in Pinellas County
A history of success at trial and in pre-trial negotiations
The ability to identify and challenge weaknesses in the prosecution’s evidence

Consider how well the attorney communicates. You need someone who is clear about your options and explains what to expect at every step.

Important questions to ask include:

Have you handled aggravated battery cases similar to mine?
What were the outcomes?
What defenses do you see based on the facts of my case?
Will you personally handle my case, or will it be passed to someone else?

Why Choose Morris Law Firm for Aggravated Battery Defense?

At Morris Law Firm, we are dedicated to defending clients charged with serious crimes, including aggravated battery. We bring experience, preparation, and persistence to every case. If you ask us any of the above questions, we will give you a strong answer. We know what it takes to get the favorable outcome our clients deserve and we’ll do everything in our power to secure it.

We take the time to investigate each case thoroughly. That includes:

Reviewing all police reports, surveillance footage, and witness statements
Interviewing defense witnesses
Consulting forensic experts when necessary
Identifying potential defenses such as self-defense, defense of others, or mistaken identity
Filing motions to suppress illegally obtained evidence
Negotiating to reduce or dismiss charges when possible, but preparing for trial when necessary

We understand that a felony conviction can impact your entire future and even lead to jail time. That’s why we work hard to protect your rights and pursue the best possible outcome. Everyone in Florida deserves to have their day in court with the right legal team, and at Morris Law Firm, we will work hard to defend your rights.

Contact Our St. Petersburg Defense Team Today

If you or a loved one has been arrested for aggravated battery, it’s important to get experienced legal help immediately. Morris Law Firm represents clients in St. Petersburg and throughout Pinellas County who are facing serious violent crime charges.

The choices you make now can protect your future.

How Do You Drop a Domestic Violence Charge in Florida?

If you are the victim of a Domestic Violence crime in Florida, can you drop the charges?

While the voice of the victim of a crime matters and is influential, it is the State Attorney’s (the prosecutor) determination on whether or not a criminal charge will ultimately be filed or if charges will be dropped.

So what can a victim do to drop domestic battery charges in Florida?

Domestic violence charges include any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Most often individuals are arrested for Domestic Battery.

Victims have legal rights in the State of Florida as established by Marsy’s Law which is a victim’s rights law. Specifically, those victims rights are found in Article I (Declaration of Rights) Section 16 (Rights of accused and of victims) of the Florida Constitution and include:

The right to have standing in court
The right to be present at all proceedings involving the case
The right to be heard in any proceeding during which a right of the victim is implicated including release, plea, sentencing, disposition, parole, revocation, expungement or pardon

Thus, even though the State Attorney has the final word, they must take into consideration the wishes of the victim in the case.

A victim can do the following to influence the State Attorney’s decision on whether or not to file a formal criminal charge (called filing an Information or a No Information):

The victim can make their wishes known in writing:

This can be accomplished by the victim filing a Request Not To Prosecute. This form can be found at the Clerk of the Court’s office and may be filed in any domestic related criminal case. The document states that the victim 1) Does not want the Defendant prosecuted; 2) Is not in fear of the Defendant; and 3) Desires contact with the Defendant.

The victim can speak with the State Attorney (prosecutor) and indicate that they do not want the Defendant prosecuted:

In most misdemeanor cases the State Attorney (prosecutor) will call the victim and ask them what happened and what they want to see happen with the case. In felony cases the victim will be asked to come in person to an interview conducted by the prosecutor. Here again, the prosector will ask the victim what happened and what outcome they desire in the matter. Oftentimes a victim who states that nothing like the incident in question has ever happened before and that they do not desire prosecution may influence the prosecutor’s decision and the charges may be dropped.

The victim can hire an attorney to act as a Victim Advocate:

The State Attorney does not represent the victim per se. The State Attorney represents the interests of the State of Florida. The case is not The Victim vs. The Defendant - it is The State of Florida vs. The Defendant. While the State Attorney takes into consideration the victim’s wishes, the prosecutor is not the victim’s attorney. A victim in a criminal case has a right to hire their own attorney to represent and protect their interests. Criminal defense attorneys are excellent choices for Victim Advocates in criminal cases as we understand exactly what happens in a criminal case.

Hire a criminal defense attorney to represent the Defendant:

If you are the victim and don’t want to prosecute, you should ensure that the Defendant has a criminal defense attorney. The criminal defense attorney can interview you (the victim) and ensure that your point of view is properly relayed to the State Attorney. Critical information you may have as the victim can also be used in defense of the Defendant. An attorney can also assist with having contact granted between the Defendant and Alleged Victim by requesting a hearing to have the No Contact Order removed.

There are many factors that the State Attorney may take into account when determining whether or not they will drop charges in a domestic violence related case, these include:

Whether or not the victim is credible
If the victim provided a false statement to law enforcement
If the victim was in fact the initial aggressor
If the victim was a willing participant in the incident (what is referred to as a mutual brawl)
Whether or not the victim has a clear recollection of what happened and if that memory was influenced by alcohol, prescription medications, or drugs
If there are factors including family relationships and financial implications that would negatively impact the victim
If the victim is not willing to cooperate with prosecution

Your best opportunity for success is to have an attorney advocating for you as early as possible. With early intervention there is oftentimes an opportunity to have the charges dropped.

Speak to an experienced Domestic Violence Defense Attorney:

If you are the alleged victim and want to drop criminal charges in Florida, or if you have been arrested for Domestic Battery or any type of domestic violence related charge or if you are a victim and need a Victim Advocate, or if you have had an Injunction For Protection Against Domestic Violence filed against you (or if you are the Petitioner), call the Morris Law Firm at 727-388-4736, Option 1 for New Clients for a strategic review of your case and representation. The Morris Law Firm handles misdemeanor and felony criminal cases throughout the Tampa Bay area and is dedicated to criminal defense.

Arrested During A Protest - For What?!

Protests have sparked at universities across the country over Israel’s war with Hamas in the Gaza strip. These Pro-Palestinian protests have included university students and those not directly attached to the universities. The nature of the protests are different from university to university, but generally focus on demands that universities sever their ties with companies that support Israel.

Now university students and other individuals involved in the protests are being arrested across the country and in Florida including at University of South Florida in Tampa, Hillsborough County, but for what?

If you thought that the First Amendment protects any type of protest, you would be only partially correct. The First Amendment protects freedom of speech, assembly, and the right to petition the Government for a redress of grievances and other rights. While free speech is protected at public university campuses, it is not similarly protected at private universities where such private institutions are not bound by the First Amendment. Further, while the First Amendment protects free speech, it does not protect threats, inciting violence, discriminatory harassment, trespass, or other violations of the law even while an individual is exercising their right to freedom of speech.

Students and individuals in Florida and specifically in the Tampa Bay area have been arrested for failure to comply with university rules where police have been called in to enforce those rules. In some cases universities have ordered the protesters to disperse which has been met with passive and physical resistance leading to numerous criminal charges including but not limited to the following offenses:

Trespass After Warning can be charged when law enforcement has issued a warning to leave the premises and the individual refuses to leave. Resisting Arrest Without Violence (Obstruction) can include when an individual opposes an arrest by law enforcement by even the slightest incidence of bracing, pulling away, tensing up, or generally not cooperating during the arrest. Resisting Arrest With Violence and Battery On A Law Enforcement Officer can occur when an individual counters an arrest by touching a law enforcement officer against his or her will that can include pushing, striking, punching and even spitting on the officer. Criminal Mischief can be charged when an individual purposefully and maliciously damages the real or personal property of another. Disorderly Conduct can be charged when an individual negatively affects the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace.

There are a number of defenses for those arrested at a protest. These defenses can include mistaken identity as police oftentimes make indiscriminate arrests in the heat of the moment. As well, lack of probable cause for an arrest may be argued if the facts and circumstances of the arrest do not add up to a reasonable person’s belief that a law has in fact been violated. Arguing selective prosecution may also be a negotiation tactic used with the State Attorney’s Office to resolve a criminal charge. As well, a lack of criminal intent (mens rea from Latin -"guilty mind") may be argued in addition to the lack of a prior criminal history.

This is not the first time protesters have been arrested in recent times. During the Black Lives Matter (BLM) movement, Corona Virus (COVID-19) protests, and abortion protests demonstrators were arrested. This trend will continue as new social movements and political protests come to the fore front. If you or your university student have been arrested for a criminal offense of any type, call the Morris Law Firm at 727-388-4736, Option 1 for New Clients for a strategic review of your case and representation. The Morris Law Firm handles misdemeanor and felony criminal cases throughout the Tampa Bay area and is dedicated to criminal defense.