Because of the inconvenience, many people are tempted to get behind the wheel anyway—suspended license or no suspended license. Chances are, they think they won’t get caught, or they aren’t afraid of the legal consequences. Actually, they are taking a huge risk, which carries some pretty severe penalties.

Penalties for Driving on a Suspended License

Getting caught for driving with a revoked, canceled, or suspended license is usually a misdemeanor, but it can be bumped up to a felony depending on whether this is your first or a subsequent offense:

• If this is your first conviction, you are facing a second-degree misdemeanor

• If this is your second conviction, you are facing a first-degree misdemeanor

• If this is your third conviction (or more), you are facing a third-degree felony

The penalties are as follows:

• Second-degree misdemeanor: up to 60 days in jail and a $500 fine
• First-degree misdemeanor: up to one year in prison and a $1,000 fine
• Third-degree felony: up to 5 years in prison and a $5,000 fine

Furthermore, getting a felony conviction carries collateral consequences, such as losing your right to vote and the ability to own a firearm in Florida. Your criminal record will also show up if you try to rent an apartment or apply for a job, which can make landing on your feet after you get out of jail that much harder.

Defenses

It is hard to defend against this offense. However, we must note that the statute requires that you know that your license has been suspended, revoked, or cancelled in order to be convicted. This knowledge element is required, which means you have a defense if you really had no idea your license was suspended. According to the statute, the state can prove knowledge using the following:

• You admit to knowing your license was suspended, canceled, or revoked
• You have previously been cited for driving on a suspended license

If a judgment or order of suspension appears in the department’s records, then there is a rebuttable presumption that you have knowledge that you should not be driving. A “rebuttable presumption” means that you must present evidence that you lacked knowledge of your suspension; if you don’t, then the state has proved that element.

If you truly lacked knowledge, then under the statute you can be guilty of only a moving offense, which would be much preferable to a misdemeanor or felony.

Criminal Defense You Can Trust

If you have been picked up for driving on a suspended license, you need to start building your defense right away. Call Bundza & Rodriguez today. Our Daytona Beach criminal defense attorneys can analyze your case and try to punch holes in the state’s case.

Reach out today by calling 386-252-5170. Avoid delay.

Resources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.34.html

myfwc.com/hunting/regulations/felony/

Assault Defined

Florida’s criminal assault law is found in statute 784.011, which defines assault as having the following three elements:

• An intentional, unlawful verbal or physical threat to do violence to a person
• Coupled with the apparent ability to commit the violence
• Doing some act that creates a reasonable fear in the target of imminent violence

Every element must be present for the state to convict someone of assault.

For example, a person might yell and insult a person, but unless they create an intentional threat of physical violence, then it is not assault.

Likewise, the defendant must have the apparent ability to commit the assault. Someone paralyzed in a wheelchair probably cannot commit the assault. Likewise, stating you will shoot someone when you have no gun also does not show you have the apparent ability to commit assault.

Finally, the defendant needs to take some act that creates fear. Words alone will not create assault. Also, the defendant must fear that violence is imminent. Standing across the room and swinging at someone does not create an imminent threat.

So what would qualify? For example, taking a swing at someone, but missing because the person dodged your fist probably qualifies as assault. Throwing an object at someone but missing them also likely qualifies. If you also strike them, you can also be charged for battery.

Punishment

Florida takes assault seriously and anyone convicted will be punished for a second-degree misdemeanor. Misdemeanors are not as serious as felonies, but you could nevertheless face up to 60 days in jail and a fine of up to $500.

Criminal convictions can also carry collateral consequences, such as difficulty getting a job, apartment or loan. You should discuss these repercussions with your Volusia County criminal defense attorney.

Aggravated Assault

Florida law also criminalizes “aggravated assault,” which is a more serious offense than simple assault. Under statute 784.021, a person commits aggravated assault when they commit an assault (as explained above) (1) with a deadly weapon but without an intent to kill or (2) during the commission of a felony.

For example, using a gun or knife to assault someone would qualify as aggravated assault. Also, assaulting someone as part of a robbery would count as aggravated assault.

Florida metes out a stiffer punishment for felony assault. As a felony in the third degree, it carries up to five years in prison and a fine of up to $5,000. If you are a habitual offender, then other penalties will apply.

Speak to Bundza & Rodriguez

If you have been arrested for assault, you need an attorney’s help immediately. At our firm, we have the experience necessary to help obtain a favorable result for our clients. To schedule a free consultation with a Volusia County criminal defense attorney, please call 386-252-5170.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.011.html

A Busy Night

Each of the men arrested approached an undercover cop on the North Atlantic Avenue beach on September 14, 2018, offering either money or drugs for oral sex. The men were quickly apprehended and charged with solicitation of prostitution.

Even worse, those who offered drugs also were charged with drug offenses, which can only cause them to do more time for the crime. For example, one man was arrested with heroin, needles, and a glass pipe in his possession.

Public Embarrassment

If convicted of solicitation of prostitution, the men could face serious penalties. Under Florida Statute § 796.07, a first conviction is a second-degree misdemeanor, and can land you in jail for up to 60 days, along with a $500 fine.

If a person is arrested again, he will face a first-degree misdemeanor, which carries as penalties up to a year in jail and a $1,000 fine.

A third or subsequent arrest for solicitation is a third-degree felony. This crime carries up to 5 years in jail and a $5,000 fine.

However, the greatest punishment might be the embarrassment the men face having their identities so publicly exposed. Stories about prostitution stings are great fodder for newspapers in this area. Another bust back in May made news headlines for nabbing 15 women working as prostitutes and one man who tried to solicit prostitution at the same time the cops were organizing the bust. Another sting in 2017 arrested four women and the eight men who were trying to solicit their services.

Hire an Attorney Immediately

If you have been accused of soliciting prostitutes, then you should begin building your defense as soon as possible. Although a lawyer cannot keep your face out of the newspaper, he might be able to get your charges reduced or dismissed.

The key will be reviewing the circumstances of the arrest and what you said to the undercover cop before and after. Depending on the circumstances, it is possible to beat the charge, especially if the police do not have sufficient evidence of your intent.

Speak to a Daytona Beach Prostitution Attorney

After an arrest, you might be feeling embarrassed and worried about your future. If you are arrested while currently on probation, then it is very possible you will be sent to jail. What you need during this difficult time is an experienced attorney by your side to help fight back against the charges.

At Bundza & Rodriguez in Daytona Beach, we represent clients accused of soliciting prostitution. If you hire us, you will be getting experienced advocates who are prepared to find weaknesses in the case against you and seek the most favorable resolution possible.

Call today—386-252-5170. You have no reason to delay.

Resources:

news-journalonline.com/news/20180915/4-men-accused-of-soliciting-undercover-cop-for-sex

orlandosentinel.com/news/breaking-news/os-volusia-12-arrested-prostitution-sting-20170217-story.html

news-journalonline.com/news/20180503/16-nabbed-in-daytona-beach-prostitution-sting

If you have been accused of a felony, you need an aggressive criminal defense attorney who can fight to get the charges dropped or reduced. Contact a Daytona Beach criminal defense attorney today.

Convicted Felons Cannot Vote

No civil right is more important than voting. By participating in elections, we hold government officials accountable and engage in a dialogue with our fellow citizens about the direction of our state and nation.

Unfortunately, Florida strips felons of their right to vote. You will lose the ability to vote while in prison and even after your release. This means you can have repaid your debt to society, but you will never be able to vote again. You might be surprised that Florida can do this—but it is entirely Constitutional!

Convicted Felons Cannot Sit on a Jury

Jury duty sounds like a drag to many people, so losing this right might not strike you as a serious loss. But participating in a jury is another way that we serve our communities and make our voices heard. Taking away a felon’s right to serve on a jury is a very petty thing for Florida to do, but thousands of felons lose this right every year.

Convicted Felons Cannot Possess Firearms

The right to own a firearm is protected by the Second Amendment to the U.S. Constitution. However, states can prohibit felons from possessing guns, and Florida has done just that. It is illegal for a convicted felon to have a firearm unless it is an antique firearm made before 1918 or a replica of an antique firearm.

Hunters can still hunt with a crossbow, but they cannot use a firearm without breaking the law. Many clients are surprised that they can lose gun rights for a felony conviction, but it is entirely legal for Florida to do this.

Losing the ability to possess a firearm can create many inconveniences, hunting being only one. For example, some jobs, such as being a security guard, might require that you have a gun. Losing your gun rights makes it that much harder to get one of these jobs.

How to Protect Your Civil Rights

At Bundza & Rodriguez, our Daytona Beach criminal defense attorneys always keep your civil rights in the forefront of our mind when defending you. We work vigorously to get charges reduced or, ideally, dismissed. Doing so will allow you to keep your civil rights and likely stay out of jail.

When meeting with an attorney, make sure he or she explains all of the collateral consequences that come with a criminal conviction. Difficulty finding a job or apartment are two of the more well-known. Losing your civil rights can be just as devastating.

Contact Bundza & Rodriguez today. We offer potential clients a free consultation where we can discuss their case and advise them about the best path forward. To schedule yours, please call us or fill out our online contact form.

Resource:

myfwc.com/hunting/regulations/felony/

Florida Law

A threatening email, text, or social media post might run afoul of many different Florida statutes, including:

• Stat. § 836.10. This statute makes it a second-degree felony to send a threat to kill or bodily injure another person or threaten to commit a mass shooting. It covers electronic communications. If convicted, you can face up to 15 years in prison.

• Stat. § 784.048(2). This statute makes it a first-degree misdemeanor to engage in cyberstalking. If convicted, you can face up to a year in jail.

• Stat. § 784.048(5). This section covers cyberstalking someone who is under age 16. It is a third-degree felony, which carries up to 5 years in prison.

• Stat. § 784.089(3). This statute covers aggravated cyberstalking, which involves a credible threat that causes another to fear for their safety. It is a third-degree felony which carries up to 5 years in prison.

As you can see, these offenses carry substantial penalties, which do not include collateral consequences like a difficulty obtaining a job or apartment because of your criminal record. Although children under 18 are typically prosecuted as minors, any child who is 18 or older could be spending time in jail.

Students and Electronic Threats

Many parents are unaware of their children’s rights in school, having not read the Code of Student Conduct that should be sent home. This code should explain when and how students can use electronic communication devices while on school property. The code should also explain how officials can search a student’s property.

A key issue involves lockers. Many schools claim lockers are the school’s property, so school officials can search the lockers without any need of reasonable suspicion that your child has committed a crime. Also, Fla. Stat. § 1006.09(9) gives principals the legal authority to perform a search if they have reasonable suspicion that an illegal item is contained in a locker or storage area. Parents should expect school officials to make full use of this authority, especially if they have reason to suspect your child sent a threatening electronic communication to the school or another student.

Get the Legal Representation You Need

At Bundza & Rodriguez, we hear from parents who are worried when their children get picked up for a crime. With all school officials worried about potential attacks at school, many are adopting zero-tolerance policies for students who make threats.

If you or your child has been arrested for making an electronic threat, we want to hear from you. Building a successful criminal defense takes time and begins from the first moment you make contact with the police. Our Daytona Beach criminal defense attorneys have successfully represented many defendants, and we know how prosecutors tick. Schedule your free consultation by calling 386-252-5170.

What is Probation?

The criminal justice system is focused primarily on punishment, and no punishment is more severe than depriving someone of their freedom. However, states soon realized that keeping people locked up could be counterproductive. People without much criminal history would lose their jobs while locked up, and they would be unable to provide for themselves when they eventually got let out.

As a concession to this fact, Florida will often offer probation to someone whose crime isn’t that serious or who has an otherwise clean criminal history. Probation, however, comes with strings—also called “conditions,” which you must satisfy.

What are Common Conditions?

There are some standard conditions that judges will impose on probationers, such as:

• Visiting your probation officer
• Keeping a clean criminal record while on probation
• Consenting to drug or alcohol testing (or both)
• Consenting to random searches
• Not having a firearm
• Staying within a certain geographical area
• Continuing to work a job

A judge might also impose special conditions based on your particular circumstances. The key with conditions is that you absolutely must abide by them. Probation violations—called VOPs—will result in you getting arrested.

Defending Against a Probation Violation

After getting arrested, you will be held without chance of bail until a hearing. You absolutely should get a criminal defense attorney as soon as possible. You can be arrested on mere suspicion of a probation violation, so you have a chance to convince a judge that you did not actually commit the violation.

According to the Florida Supreme Court, a violation must be “substantial and willful” for you to lose probation. A substantial violation is material, meaning serious. For example, getting arrested again would be a serious violation of your probation. By contrast, not completing two hours of your community service requirement might not.

A willful violation must involve a choice or decision. For example, choosing not to go to your drug testing is a willful violation. Being sick and in the hospital on the date of the testing is probably not a willful violation.

The law provides some wriggle room for you to provide your side of the story, but you must do so professionally with an experienced lawyer at your side. Too many defendants think they can talk their way out of a probation violation. But the fact is that the judge has already taken it easy on you already—which is why you received probation—and might not be inclined to give you the benefit of the doubt about any violation.

Protect Your Probation—Call Us

At Bundza & Rodriguez, our Daytona Beach criminal defense attorneys can help you protect your probation and stay out of jail. For immediate help, please call us at 386-252-5170. Initial consultations are free.

Resource:

m.flsenate.gov/Statutes/948.03

You Might Struggle to Get a Job

If you are looking for employment, you should know that most employers pull background checks when considering applications. They look at both your credit history and any criminal convictions. Also, many employers ask applicants whether they have convictions, so do not think you can lie about it. Chances are, the employer will find out about the conviction, and lying will only dig a deeper hole.

Employers run background checks for a variety of reason, but one reason is to protect themselves. If they hire someone who turns around and harms a customer, then an employer might be on the hook in a lawsuit. By running a background check, the business can at least claim they tried to find out whether an applicant was dangerous.

There are ways to explain away a criminal conviction, but don’t lie and deny it. Instead, point to how you have become rehabilitated—such as by getting more education, performing community service, becoming involved in a church, etc. Also find reputable people who can serve as references, such as religious or community leaders.

A Criminal Conviction Can Lead to the Loss of Your Current Job

Most Florida employees are “at will,” which means your employer can fire you at any time and for any reason. There are some limitations, such as anti-discrimination law, but these laws do not usually come into play. If your boss finds out about the conviction, they might decide to let you go. You will have few options to stop them.

Furthermore, many convictions result in a suspended license, which means you might not be able to get yourself to work. Drug convictions, in particular, can lead to a license suspension for a year or more. As a result, holding onto your job will be made that much more difficult.

Professional Licenses are at Risk

In many professions, you need a license before you can start offering your services to the public. This is certainly true for:

• Lawyers
• Doctors
• Nurses
• Insurance agents
• Teachers

In many professions, you can lose a license because of a criminal conviction. For example, Florida statute 458.331 states that health professionals can lose their license if they are convicted of a crime directly related to the practice of medicine or any crime involving fraud, dishonesty, deceit, or moral turpitude.

Speak with a Daytona Beach Criminal Defense Attorney

Criminal convictions carry devastating consequences over and above time spent in jail or criminal fines. Before agreeing to a plea deal, you must understand how an admission of guilt will affect your ability to get a job or keep a professional license. At Bundza & Rodriguez in Daytona Beach, we represent criminal defendants accused of misdemeanors and felonies. To schedule your free consultation, please contact us today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0458/Sections/0458.331.html

The Fifth Amendment Extends Beyond Trials

President Trump’s lawyer isn’t yet at trial, so some people might be confused about how he can take the Fifth. Actually, your privilege against self-incrimination extends to custodial interrogations as well. Common situations that qualify as custodial interrogations include being asked questions after arrest or while being held in jail.

However, the Fifth Amendment also applies if you reasonably believe that you are not free to stop talking to the police and to leave. For example, the police might ask you to come into the police station and, while there, imply that you are under arrest. In this situation, it could be reasonable to believe you are in a custodial interrogation, so you can invoke your Fifth Amendment right to silence.

You Must Explicitly Invoke Your Right to Silence

You have the right to remain silent when interrogated by the police, but according to the Supreme Court in Berghuis v. Thompkins (2010), you must explicitly state, “I want to remain silent.” If you simply remain silent, then police can continue to question you.

The police can also come back and ask you questions even after you have invoked your right to remain silent. In this situation, you will once again need to say, “I want to remain silent.” It is also a good idea to tell the police you want to talk to an attorney, since that should cut off all interrogation until your lawyer arrives.

Fifth Amendment and Civil Cases

The Fifth Amendment clearly applies to criminal cases, but what if you are sued in civil court? For example, someone might sue you because you hit them with your car or because they slipped and fell on your property. In a civil lawsuit, you might be called to testify as to your knowledge of the events.

In Florida, defendants can invoke the Fifth Amendment in civil cases, but the court is not required to honor it. Instead, the judge will need to hold a hearing to determine whether answering the question really puts you at risk of a criminal prosecution. If not, the court can order you to answer questions.

Speak with a Dayton Beach Criminal Defense Lawyer

A criminal case can be won or lost depending on what you say to the police. For that reason, you need an aggressive criminal defense lawyer in your corner from the moment you think you are a suspect. At Bundza & Rodriguez, we have represented numerous criminal defendants in Daytona Beach, and we are here to assist you. Please reach out today and contact us to set up your consultation.

Resources:

supremecourt.gov/opinions/09pdf/08-1470.pdf

scholar.google.com/scholar_case?case=4112603970992970699&q=belniak+v.+mcwilliams&hl=en&as_sdt=4,10

Drugs That Are Clearly Illegal to Take Before Driving

Chapter 893 is the section of Florida law which states which drugs are illegal. It classifies drugs according to schedules, ranging from drugs which are illegal without exception, to drugs which can be obtained by prescription, but the use of which is restricted because of the potential for abuse. The law categorizes the schedule of a drug based on how great the dangers of abuse are for that drug. When you get pulled over for DUI, law enforcement can test your breath or blood for the presence of many different drugs. If you are found to have taken a drug that you have not been authorized to take, then DUI is just one of your legal problems.

Ambien and Its DUI Loopholes

Zolpidem, also known as Ambien, is a sleep medication available only by prescription. It has gained media attention because of its bizarre side effects; people who take Ambien sometimes enter a state of consciousness similar to sleepwalking. They appear to be awake, but they are unaware of what they are doing. Florida cops have pulled over drivers for “sleep driving” under the influence of Ambien. While it is clearly unsafe to drive after taking Ambien, Florida law does not specifically prohibit it, so defendants in Ambien-related DUI cases have been found not guilty.

DUI and Research Chemicals

“Research chemicals” is a euphemistic term for substances that are chemically very similar to drugs with abuse potential, but their molecular structure is just different enough that they do not match with any drugs that drug tests can screen for. They are technically illegal; United States law considers them “analogs” of illegal drugs and controlled substances. Many research chemicals are benzodiazepines, and drug tests recognize them as such, although they cannot match them exactly to any specifically scheduled drug. They give a drug test result such as “unknown benzodiazepine” or “other benzodiazepine.”

Contact Bundza & Rodriguez About DUI Cases

Many DUI cases are much more complex than they seem, especially if they involve a drug that you have been taking as prescribed. Contact Bundza & Rodriguez in Daytona Beach, Florida if you are facing DUI charges.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/0893.html

Not Guilty but Not Not Guilty

A plea of no contest does not constitute an admission of guilt; therefore, it is not the same as pleading guilty. It also does not constitute a denial that the defendant has committed the act with which he or she was charged; therefore, it is not the same as pleading not guilty. As for what happens immediately after you plead no contest, the procedure is much more like what happens with a guilty plea. Instead of both sides presenting evidence for what the defendant did or did not do, the court moves right to what, if anything, the defendant must do to remedy the situation.

Is a Plea of No Contest the Same as a Conviction?

The consequences of pleading no contest are very similar to the consequences of pleading guilty. If you plead no contest in a criminal case, you do not go to trial. You do not have the opportunity for your legal representatives to establish reasonable doubt as to whether you committed the act with which you were charged. Just like when you plead guilty, you can receive a sentence after pleading no contest. The only difference is that you do not admit guilt or fault. Just as a guilty plea can be part of a plea bargain, so can a plea of no contest. In criminal cases, judges often consider prior convictions when determining a sentence. According to Florida law, a prior plea of no contest counts as a prior conviction.

Should You Plead No Contest to Criminal Charges?

There is no simple formula for whether you should plead no contest when the judge offers you that option. It can be a desirable choice because it means that you are not admitting fault for the criminal act. Whether you plead no contest to a particular charge depends a lot on the specifics of the case, and you should consult a lawyer before making a decision about it.

Contact Bundza & Rodriguez About Plea Bargains

Bundza & Rodriguez is a Florida law firm that has advised many clients on how to plead in criminal cases. Contact Bundza & Rodriguez in Daytona Beach, Florida if you are facing charges in a criminal case.