Common Reasons For Leaving The Scene of A Car Accident 

Being in any type of car crash is a jarring experience. In the immediate aftermath, it is common for drivers to be in a state of shock. As most people are only involved in maybe one or two collisions over the entire course of their lives, it is common not to know what to do in the aftermath. Instinctual drives can kick in and cause you to want to flee the scene. This is most likely to happen in the following cases:

• When the driver is young and concerned about telling parents;
• When a motorist knows their own reckless driving behavior is responsible;
• When they lack the required insurance coverage or do not have their vehicle properly registered;
• When they do not have a valid driver’s license;
• When the driver is drunk or under the influence of drugs;
• When they are engaged in other illegal activity or have concerns about being wanted by the police.

Regardless of the circumstances, leaving the scene of a car accident in Daytona Beach only makes it worse, as police will catch up with you eventually. The Daytona Beach News-Journal recently reported on a Bunnell man who attempted to evade law enforcement after driving at high speeds and causing a crash. In addition to criminal charges related to the accident and prior criminal behavior, he also faces charges for leaving the scene of an accident with serious injury.

Criminal Penalties You Could Face 

Under Section 316.027 of the Florida Statutes, motorists are required to stop and remain at the scene of any car accident resulting in property damage or personal injuries. Failing to do so could result in serious criminal charges with penalties that have the potential to be severe. In addition to being held legally liable for property damages, medical costs, and lost wages other drivers suffer, you could also be facing the following: 

• For leaving the scene of an accident resulting in property damage: $500 fine and up to 60 days in jail;
• For leaving the scene of an accident resulting in personal injuries: $5,000 fine and up to three years in prison;
• For leaving the scene of a fatal accident: $10,000 fine and up to 30 years in prison. 

Let Us Help You Today 

To protect yourself against the penalties associated with leaving the scene of an accident, get Bundza & Rodriguez, P.A. on your side. Call or contact our Daytona Beach criminal defense attorneys online and request a consultation today.

Source:

news-journalonline.com/story/news/crime/2020/12/09/bunnell-man-felony-probation-charged-fleeing-scene-crash-and-causing-serious-damage-and-injury/6468153002/

Tourists and Crimes In Daytona Beach

Daytona Beach tourism officials promote our pleasant climate, sandy shores, iconic speedway, and other activities. However, most visitors are unaware of Daytona Beach’s high crime rate. According to Neighborhood Scout, close to 3,000 property crimes and 800 violent crimes happen in our immediate area each year. In terms of crime index, this ranks us fourth compared to other cities across the country, with 100 being the safest. Even when compared to other places across the state, Daytona Beach stands out. Your odds of being involved in a violent crime in Florida are one in 246. In Daytona, it is 1 in 87.

While residents bear a certain amount of responsibility for the high crime rate, visitors to Daytona Beach help to drive up these numbers. Common types of crimes they are most likely to be charged with include:

• Alcohol-related crimes and DUI;
• Assault and battery;
• Disorderly conduct and disturbing the peace;
• Domestic violence;
• Drug crimes, including possession and distribution;
• Property crimes, including vandalism and destruction of property;
• Sexual assault and harassment;
• Theft-related crimes.

What Should I Do If I Am Charged With A Crime While Visiting Daytona Beach?

Facing any type of charges in the Volusia County Criminal Court is a serious matter. Even a traffic ticket or minor criminal violation could result in heavy fines, as well as court costs and other fees. You could also be required to appear here in person, months after your vacation. In more serious criminal matters, penalties may include a potential jail sentence.

While it is common to want to ignore the situation once you go home, doing so only makes matters worse. Steps you need to take to protect yourself include:

• Contact our Daytona Beach criminal defense attorneys immediately.
• Assert your right to remain silent, avoiding statements to police that could be used against you or accepting any pleas.
• Preserve any evidence that could be used in your favor, such as pictures, texts, and receipts showing your activities.
• Notify us as soon as possible of any legal notices, court summons, or other correspondence you receive.

Contact Us Today for Help

As a tourist facing criminal charges in Daytona Beach, you can count on Bundza & Rodriguez, P.A. to act as a strong legal ally on your side. As local attorneys, we take the actions needed to defend and protect you. Call or contact our Daytona Beach criminal defense attorneys online to request a consultation today.

Resource:

neighborhoodscout.com/fl/daytona-beach/crime

https://www.daytonalawyers.com/what-is-property-owner-negligence/

Common Types of Misdemeanor Offenses

Under the Florida Statutes, there are two general categories of charges: felony and misdemeanor offenses. Felony crimes carry prison sentences of multiple years. Misdemeanor crimes are generally considered less serious charges. In Daytona Beach, they often result from the following common types of offenses:

• Assault or battery;
• Disorderly conduct;
• Driving under a suspended license;
• Driving under the influence;
• Domestic violence and violation of restraining orders;
• Petty theft, including shoplifting;
• Possession of marijuana;
• Resisting arrest in a non-violent manner;
• Vandalism and other property crimes.

While misdemeanor crimes are not as serious as felony charges, they can still carry heavy penalties. For a first degree misdemeanor, you could be facing fines up to $1,000 and up to a one year jail sentence. A misdemeanor conviction will also result in a criminal record, which could impact your ability to obtain jobs and housing. It can also be used against you in family court proceedings, such as divorce or child custody, and if you are a non-citizen, it could impact your immigration status.

What Happens If I Am Charged With A Misdemeanor In Daytona Beach?

Misdemeanor charges in Daytona Beach could result in your arrest or you could be given a Notice to Appear in court. In either case, you need to get our experienced Daytona Beach criminal defense attorneys working on your side right away. Actions we can take on your behalf include:

• Representing you at your first appearance before the court: If you are taken to jail, a hearing will be held within 24 hours. At this hearing, we can work to have you released on your own recognizance (ROR) or arrange for bail.
• Appearing by your side at arraignment. During arraignment, which is held through Volusia County Criminal Court, you will appear before a judge who will review the charges against you. Prior to this hearing, we can negotiate with police and prosecutors involved to have your charges dropped or reduced. If this is not possible, we may be able to arrange for a pretrial diversion program, which can help you avoid a conviction.
• Defending you at trial: If your case continues to trial, we can gather the evidence needed to defend you while making strong arguments before the judge to avoid a jail sentence.

Contact Us Today

To protect yourself against the serious penalties associated with misdemeanor charges, get Bundza & Rodriguez, P.A. on your side. Call or contact our Daytona Beach criminal defense attorneys online to schedule a consultation today.

https://www.daytonalawyers.com/police-searching-for-hit-and-run-driver-in-daytona-beach/

Vehicular Homicide Charges Filed In DeLand Car Accident Case

A 22-year-old Volusia County man is facing criminal charges for his role in a fatal car accident in Deland. According to a February 4, 2021 report by the Daytona Beach News-Journal, prosecutors recently charged him with vehicular homicide, a felony crime that can result in fines up to $10,000 and up to a 15-year prison sentence.

The car accident happened back in August of 2020. Police investigations revealed that he was driving in excess of 90 miles per hour in a 35 mile per hour zone when he skidded out of control and crashed near East Beresford and South Boston Avenues in DeLand. A 21-year-old passenger in the vehicle was killed as a result.

The driver was immediately arrested in the aftermath but was released from the Volusia County Branch Jail on $15,000 bail. In addition to the criminal penalties he faces, he can also be held legally liable in a civil suit filed by the victim’s parents or other family members.

Defending Yourself Against Car Accident-Related Criminal Charges In Daytona Beach

Criminal charges can result from any type of car accident in Daytona Beach that results in serious property damages, personal injuries, or death. Under the Florida Statutes, some of the most common types of charges in these cases include:

• Vehicular homicide: Illustrated in the above case, this involves the death of a passenger, other driver, pedestrians, or bicyclists involved. Judges can sentence you to up to 15 years in prison.
• Reckless driving resulting in serious bodily injuries: This is also a felony charge that carries heavy fines and up to a five-year jail sentence.
• Reckless driving resulting in property damages or personal injuries: Even if a car accident results in only minor injuries or property damages, you could still face criminal charges and up to one year in jail.
• Hit and run: Police are aggressive in apprehending hit and run drivers in Daytona Beach. Possible penalties include up to five years in prison and the loss of your driver’s license.

Let Us Help You Today

Whether you are dealing with serious traffic infractions or criminal charges for a car accident in Daytona Beach, you can count Bundza & Rodriguez, P.A. to provide the professional legal representation you need. To get our Daytona Beach criminal defense attorneys on your side, call or contact our office online and request a consultation today.

Resource:

news-journalonline.com/story/news/crime/2021/02/04/deland-florida-man-arrested-death-passenger-august-crash/4389528001/

https://www.daytonalawyers.com/how-long-do-i-have-to-file-a-personal-injury-claim/

Resisting Arrest In Daytona Beach

In Daytona Beach, any effort to resist, oppose, or obstruct the efforts of law enforcement officials in performing their duties could result in criminal charges of resisting arrest. These generally fall into two categories:

1. Resisting Arrest Without Violence: As the name implies, this involves any non-violent type of resistance, such as attempting to elude apprehension or fleeing a crime scene. Under Section 843.02 of the Florida Statutes, this is a misdemeanor crime punishable by fines up to $1,000 and up to a one year jail sentence.
2. Resisting Arrest With Violence: A more serious charge, this involves threatening a police officer or engaging in some type of violent conduct, such as a physical altercation, in an attempt to avoid apprehension, questioning, or the gathering of evidence. This is a felony crime in Florida, punishable by fines up to $5,000 and up to five years in prison.

There are defenses available if you are charged with either type of resisting arrest in Daytona Beach. Asserting that you were not made aware that the person in question was a law enforcement officer, acting in self-defense, and the use of excessive force on the officer’s part could all possibly help you avoid a criminal conviction.

What To Do If You Are Stopped Or Detained By Law Enforcement Officers

While not respecting a police officer’s authority and attempting to resist arrest could result in serious criminal charges in Daytona Beach, you do have certain rights in these situations. The Florida chapter of the American Civil Liberties Union (ACLU) advises taking the following actions if you are stopped or detained:

• Remain calm;
• Do not attempt to leave the scene;
• Keep your hands where the officer can see them at all times;
• Ask if you are free to leave;
• If you are arrested, ask to know why;
• Assert your right to remain silent and refuse to answer any questions.

It is important to note that under Florida law, you are required to give officers your name and provide identification as requested. If you are an immigrant, documentation of your status should be carried with you at all times.

Contact Us Today for Help

If you are placed under arrest or have any type of altercation involving law enforcement, it is important to get an experienced Daytona Beach criminal defense attorney on your side right away.  Call or contact Bundza & Rodriguez, P.A. online to request a consultation today.

aclufl.org/en/know-your-rights/know-your-rights-if-you-are-approached-or-arrested-law-enforcement-police

https://www.daytonalawyers.com/recent-rash-of-gun-crimes-in-daytona-beach-likely-to-result-in-heavy-penalties/

Common Causes of Wrongful Death

According to statistics from the Centers For Disease Control and Prevention (CDC), accidental injuries are a leading cause of death in Florida. While the death of your loved one may have been unintentional, the fact is it is generally the reckless actions of others that are to blame. Fatal injuries are unfortunately common in the following situations:

• Car accidents;
• Truck accidents;
• Motorcycle accidents;
• Public transportation accidents;
• Bicycle accidents;
• Pedestrian accidents;
• Construction site accidents;
• Workplace accidents;
• Accidents due to defective and dangerous products;
• Sports and recreational accidents.

Reckless and negligent actions on the part of others involved may include anything from driving under the influence or other dangerous behaviors to failing to take the proper safety precautions. In these cases, the at-fault party can be held accountable for losses victims and their family members suffer as a result.

When To File A Wrongful Death Lawsuit

When someone passes due to the reckless actions of others, it is frustrating for survivors to get a sense of justice or closure. As the death was likely unintentional, criminal charges may not be filed in the case. Filing a wrongful death lawsuit is one way you can hold those responsible accountable.

Under Section 768.21 of the Florida Statutes, a wrongful death lawsuit can be filed in cases involving negligence. Those who may be entitled to file this type of claim include:

• The victim’s parents, grandparents, or legal guardian;
• Their spouse or domestic partner;
• Their children, grandchildren, or legal wards;
• Representatives of their estate;
• Other blood relatives or other parties who may have been entitled to inherit from them.

Compensation in a wrongful death lawsuit can help to cover outstanding medical expenses, funeral costs, lost income, and losses in future income your loved one would have otherwise earned. You may also be entitled to compensation for pain, suffering, and loss of companionship, as well as additional amounts if the at-fault party acted in a particularly willful and reckless manner.

Contact Us Today for Help

At Bundza & Rodriguez, P.A., we understand how difficult it is dealing with the loss of a loved one, particularly when it happens in an unexpected way. We are dedicated to ensuring you get a sense of justice and the compensation your family needs to recover. Reach out and contact our Daytona Beach wrongful death attorneys to request a consultation today.

https://www.daytonalawyers.com/what-you-can-do-to-prevent-personal-injuries-in-2021/

Common Types of Evidence In Daytona Beach Criminal Cases

If you are charged with any type of crime in Daytona Beach, your case will likely be heard through the Volusia County Criminal Court. One of the first things that will happen is that you will be scheduled to appear before the judge assigned to your case at a preliminary hearing. During this hearing, evidence will be presented by the police and prosecutors to show why criminal charges were filed against you and why you should be held for trial.

Once the judge makes the decision to proceed with criminal charges, additional types of evidence will be collected. This is likely to include:

• Testimonial evidence, which may include statements from victims, police, or witnesses at the scene who allege to have seen you commit the crime;
• Demonstrative evidence, which usually take the form of charts and graphs that help to illustrate any testimony given;
• Documentary evidence, which may consist of letters, journal entries, texts, videos, or other tangible items that appear to implicate you in the crime;
• Real evidence, which may include results of DUI testing, a gun, knife, or other weapon, or fingerprints found at the crime scene.

How Evidence Is Used By The Prosecution and Defense

Under the Florida Statutes, there are strict rules regarding how evidence can be used in criminal cases. The burden of proof falls on prosecutors, meaning the evidence they present will serve to implicate you in the crime, while the defense will provide evidence to the contrary or that disputes their claims. Motions for discovery will be filed before your case goes to trial, which requires the prosecutor to reveal and share their evidence with the defense team. Evidence which may be deemed inadmissible in your case includes:

• Anything obtained through an illegal search or seizure;
• Any evidence which did not follow the proper chain of custody once it was gathered by police;
• Evidence that is unreliable or easily refuted;
• Evidence that serves only to inflame the jury or play on their emotions. 

Reach Out to Us Today for Help

At Bundza & Rodriguez, P.A., you can count on our legal team to help you dispute evidence collected by prosecutors while gathering our own compelling evidence in your defense. To discuss your case and how we can help, call or contact our Daytona Beach criminal defense attorneys online and request a consultation today.

https://www.daytonalawyers.com/why-police-partnering-with-the-community-to-battle-crime-is-not-always-a-good-idea/

Involving Community Members Could Result In Vigilante Justice

One of the ways local police are hoping to address an increase in violent crime is by seeking assistance from people in the community. According to a November 30, 2021 Daytona Beach News-Journal report, scheduled a meeting with local officials and invited residents to attend. The goal is to get them more involved in being alert to potential crimes and to encourage them to take action in helping to apprehend offenders. The idea was born out of frustration at high crime rates in certain neighborhoods but implementing it could prove problematic.

One concern is that it may encourage citizens to act as vigilantes. The Innocent Lives Foundation, which advocates on behalf of those falsely accused and imprisoned, states that vigilantism is defined as when citizens take the law into their own hands. It is an attempt to mete out justice based on the vigilante’s perception of right and wrong. Potential problems that could result include:

• The vigilante could be mistaken, resulting in false accusations;
• In their zeal to uphold the law, they could end up depriving alleged suspects of their rights under the law;
• Based on poor judgment and wrong information, they could spread rumors regarding a suspect, impacting their personal and professional life;
• In dishing out ‘justice’, they could resort to acts of violence that threaten the health and safety of all involved.

The Problem With Relying On Witnesses

Even if residents of the community do not go so far as to take vigilante actions, putting too much emphasis on statements could prove problematic as well. The National Center for State Courts warns that eyewitness testimony regarding how a crime occurred or in identifying potential suspects is notoriously unreliable. Even in cases where witnesses are confident in what they saw, studies show they are frequently mistaken.

In some cases, visual perception is to blame. Testimony may be inaccurate if the witness has even minor vision impairments, if they saw something from a distance; or if it was either dark or raining at the time. Their perception of what happened and what they saw can also be influenced by any underlying biases or prejudices they have.

Contact Us Today for Help

If you have been accused of any type of crime, it is important to get Bundza & Rodriguez, P.A., on your side right away. We protect your rights while providing the strong legal defense you need to avoid a conviction. To request a consultation, call or contact our Daytona Beach criminal defense attorneys online today.

Resource:

ncsc.org/trends/monthly-trends-articles/2017/the-trouble-with-eyewitness-identification-testimony-in-criminal-cases#:~:text=Research%20has%20found%20that%20eyewitness%2Didentification%20testimony%20can%20be%20very%20unreliable.&text=Although%20witnesses%20can%20often%20be,most%20unreliable%20forms%20of%20evidence.

news-journalonline.com/story/news/local/volusia/2020/11/30/daytona-beach-police-host-community-meeting-tackle-rise-violent-crime-and-shootings/6464188002/

https://www.daytonalawyers.com/violent-crimes-increase-during-pandemic/

Suspects Arrested In Recent Rash of Gun Crimes In Daytona Beach 

Police have arrested suspects in a recent rash of gun crimes in our area. According to a November 15, 2020 report by the Daytona Beach News-Journal, a local man was apprehended after a drive-by shooting on West International Speedway Boulevard which peppered a home with bullets and left a woman inside with a potentially serious gunshot wound to the leg. Law enforcement reports state that the incident happened around 5:30 p.m. on a Sunday afternoon and stemmed from a dispute the man had with the women.

In a similar incident reported by the News-Journal just a few days prior, a South Daytona Beach man faces charges for allegedly shooting a female acquaintance from his car while she stood on a sidewalk near the intersection of Dr. Martin Luther King, Jr. Boulevard and Bellevue Avenue. These are just two of a string of gun crimes to happen in the area recently. In a related event, Click Orlando reported that another Daytona Beach man has been apprehended for his role in a drive-by shooting that happened back in September and targeted two separate victims.

Penalties For Gun Crimes In Daytona Beach 

Under the Florida Statutes, using a gun in connection with an assault, theft, or other type of crime could result in serious sentencing enhancements. Potential penalties upon conviction include up to 15 years in jail, along with any other punishments you face.

Even if no crime is committed, you could face charges for purchasing or possessing a gun in Florida, depending on the situation. While the Second Amendment of the U.S. Constitution protects your right to bear arms, the following is prohibited under state laws:

• Buying or possessing a gun if you are under the age of 18, unless you are a member of law enforcement or in the military;
• Allowing a minor under the age of 16 to possess or otherwise use your gun;
• Having a gun on you on school grounds or at school-sponsored events;
• Using your gun to threaten others without provocation;
• Buying or possessing a gun if you are a convicted felon.

Let Us Help You Today

To protect yourself against the serious penalties associated with gun charges, get our legal team at Bundza & Rodriguez, P.A. on your side. To request a consultation, call or contact our Daytona Beach criminal defense attorneys online today.

Resource:

news-journalonline.com/story/news/crime/2020/11/15/authorities-daytona-beach-said-woman-shot-home-drive-shooting/6306330002/

https://www.daytonalawyers.com/reckless-driving-behaviors-that-increase-daytona-beach-car-accident-risks/

Wrongfully Accused of A Crime In Daytona Beach?

Facing any type of criminal charges in the Volusia County Court is a serious matter. Even relatively minor crimes can result in harsh penalties. The mere accusation of a crime can cause problems at home and work while ruining your reputation in the community. If you are convicted on the charges, you could be facing heavy fines, a potentially lengthy jail sentence, and a permanent criminal record.

The fact that you are innocent of any wrongdoing is often irrelevant to the case. Plenty of law abiding people end up being wrongfully accused of crimes each year. Among the most common reasons include:

• You were at the wrong place at the wrong time. Simply being at or near the scene of a crime when it occurred can cause the police to jump to conclusions and assume you were involved. False accusations can also arise if you had any recent dealings with the actual perpetrator.
• You fit the description of the suspect. According to the National Council of State Courts, witness testimony in criminal cases is notoriously faulty and unreliable. At the same time, it carries a significant amount of weight both with police and prosecutors, which often rely on witness statements in making their case.
• Someone fabricated the incident or falsely pinpointed you as the perpetrator. False accusations and made-up charges against you may be made by an angry ex, a disgruntled family member, or a former friend or co-worker. You could also be pointed to as a suspect by the actual perpetrator of a crime, who hopes to avoid detection.
• DNA or other evidence wrongly implicates you. Fingerprints, fibers, and DNA evidence, such as trace amounts of blood, can seal a conviction in a criminal case. However, this evidence can be wrong or otherwise compromised. 

According to the Innocence Project, more than 20,000 people are currently sitting in prison for crimes they never committed. If you are wrongfully accused of a crime, it is important to act quickly in protecting yourself. Your first step should be to contact an experienced criminal defense attorney immediately. Downplaying the situation, assuming the truth will come out, or attempting to handle the matter on your own could have dire consequences.

Contact Our Office Today

At Bundza & Rodriguez, P.A., we can conduct our own investigation into your case. We thoroughly review the charges against you and the procedures followed while gathering the evidence needed to prove your innocence. Call or contact our Daytona Beach criminal defense attorneys online and request a consultation today.

Resource:

innocenceproject.org/how-many-innocent-people-are-in-prison/#:~:text=estimate%20is%20that%201%20percent,20%2C000%20people%2C%20are%20falsely%20convicted.

https://www.daytonalawyers.com/defenses-against-domestic-violence-charges-in-daytona-beach/