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Daytona Beach Criminal Defense Blog

New Hire Criminal Defense Lawyer - Harry Rutherford

Delgado & Romanik, PLLC is proud to announce our first direct hire from law school hire! We have been fortunate to have some amazing summer associates who have all gone on to having stellar legal careers in top national law firms. But this one we are not letting get away! After working two summers for us, Harry Rutherford will be joining our team in Summer 2019 in the criminal defense section of our firm. Harry is finishing his last year at the University of Florida College of Law where he is expected to graduate magna cum laude.

Drinking and boating is as risky as drinking and driving

If you are planning to invite a few friends to join you when you take your new boat out next weekend, exercise caution: Remember that it is not legal to operate a boat when you are impaired by drugs or alcohol.

Alcohol has a far different effect when you are on the water. It poses much more danger to you and your passengers than if you were on dry land.

How to deal with a DUI charge before trial

If you are facing DUI charges in Daytona Beach, you might think there is nothing you can do until you get your day in court. Even so, you might still find yourself wondering what you can do to help your case before your trial date arrives. Though you probably intend to hire an attorney and follow his or her guidance, there are some things you can do that can help improve the outcome of your situation before it is time for you to go to court. 

It is important for you to be proactive about your DUI charges. It does not matter if you believe you are guilty or not, consider the following actions to take after receiving a DUI charge. 

Common Closing Argument Errors By Prosecutors

Closing argument is the last opportunity for each side to speak with the jury interrupted before deliberations. The power of closing argument cannot be emphasized enough as the words said in closing argument can echo in the jury's mind long after deliberations. Think "if the glove doesn't fit, you must acquit." Although lawyers have plenty of room to argue, there are still limitations to what can be argued at this critical stage in the trial. Furthermore, there are certain prohibitions specific to prosecutors. The Florida Supreme Court expects "prosecutors, as representatives of the State, to refrain from inflammatory and abusive argument, maintain their objectivity, and behave in a professional manner." Many prosecutors adhere to this mantra and argue with undue professionalism, there are some who do not. Below is a list of popular closing argument errors:

Stiff penalties await CMV drivers convicted of DUI

If you drive a truck or other kind of commercial vehicle for a living, your career may be on the line if you receive a conviction of driving under the influence of alcohol. The state of Florida is serious about keeping drunk drivers off the road.

Commercial motor vehicle drivers must maintain an even higher standard than ordinary motorists when it comes to punishment for DUI. If you cause property damage or injury to another person, the penalties you face become increasingly severe.

Five Common Myths Associated with Domestic Violence Charges

Because many local agencies have a policy encouraging an arrest, regardless of injury or available evidence, domestic violence battery is one of the most common charges in criminal court. Of all misdemeanor charges, DV can have among the most devastating consequences - including MANDATORY jail time for anyone convicted, regardless of prior criminal history. Read on to learn some of the most common myths associated with this serious charge.

Facing prison and deportation on a Violent Felony Violation of Probation, our Client's plea was withdrawn, the charge reduced to a non-violent misdemeanor and the client was released with no probation or supervision! Read on to learn more.

There are no routine cases if you are an aggressive and determined criminal defense attorney. Recently, a jailed foreign citizen hired us to represent him for a Violation of Probation on the felony charge of "Aggravated Assault with a Deadly Weapon." He had originally pled to a probationary sentence in front of an extremely strict judge and now, he was facing at the minimum a lengthy jail sentence, if not state prison, and then probable deportation to a country he no longer called home. These are exactly the kind of dire situations where our Firm's clients turn to us for help. When we were finished with the case, sixty days later, Mr. Berlin was released from jail, his original felony charge dropped down to a second degree misdemeanor charge of "Disorderly Conduct," with no probation or jail to follow and a strong defense against any possible deportation.

Is your job in jeopardy because of a DUI conviction?

Let us say that you drive a truck for a nationally known potato chip supplier, and you are a valued company employee of some 12 years’ standing. You are expecting a promotion later this year. A co-worker just received a similar promotion, and you are invited to his celebration party.

You are just getting off work when the fun begins, so you drive your truck to the party site, a local restaurant. You leave the celebration an hour later, having enjoyed a few beers, and are on your way back to the warehouse to drop off the truck when a law enforcement officer pulls you over on suspicion of drunk driving. The first thought you have is for your job. Will you lose it as a result of this run-in with the police?

A Possible Change in the Law Would Allow Floridians to be Pulled Over for Texting While Driving

Texting while driving is currently considered a "secondary offense," which means that police may only issue a citation for texting while driving after initiating a traffic stop for a violation of a "primary offense" law, like speeding. Historically, texting while driving, by itself, could not be the basis for a traffic stop. However, many residents have been pressuring the legislature to make a change. As a result, a bill was recently introduced to the legislature to amend the texting while driving statute.

The Dangers of Counterfeit Narcotics

The sale and use of counterfeit prescription drugs in Florida is nearing epidemic proportions. Illicit drug use always presents certain dangers, but when counterfeit prescription drugs are involved, the dangers are heightened. Through the increasingly prevalent use of pill presses, people are putting all sorts of substances in homemade pills and labeling them as popular narcotics. Many fake pills sold as oxycodone or Xanax actually contain the synthetic opioid fentanyl. Unwittingly ingesting fentanyl is extremely dangerous, with fentanyl overdoses causing 704 deaths in the first half of 2016 alone in Florida. Additionally, due to the way the statutes are worded, if a pill contains multiple substances, the government can charge you for the entire weight of the pill for any one of the contained substances.

Professional License Holders: Protecting Your Practice

A criminal conviction can entail a variety of life-altering consequences. Many of these are directly imposed by the judge as a result of the conviction, such as incarceration, fines, or probation. There are, however, additional civil penalties which are not part of the direct consequences but flow naturally as a result of a conviction. These are referred to as collateral consequences. Depending on your profession, the governing administrative body may mandate certain collateral consequences following a criminal conviction. This is especially true of professional license holders, who have various reporting obligations to their licensing agencies. The penalty for failing to meet these reporting obligations can be worse than the penalty for the conviction itself. Furthermore, while many collateral consequences arise at the conclusion of the case, reporting obligations can often be triggered by a mere criminal accusation, long before a conviction or resolution. Professional license holders are presumed to know this information, and ignorance of the law is not a defense in the eyes of the governing administrative bodies.

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