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What should I do if I am asked to take a field sobriety test in Florida?

If you refuse a breath test in Florida, your license is going to get suspended. What you need to understand is that in Florida, if you get arrested for DUI, that arrest, that criminal case, the criminal prosecution, is separate and apart from an administrative suspension of your driving privilege. So in Florida, when you […]

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What happens if I refuse a breath test in Florida?

If you refuse a breath test in Florida, your license is going to get suspended. What you need to understand is that in Florida, if you get arrested for DUI, that arrest, that criminal case, the criminal prosecution, is separate and apart from an administrative suspension of your driving privilege. So in Florida, when you […]

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What are the punishments for opioid drug offenses?

The punishment varies from the actual charge itself. It depends on the charge. In Florida and in federal courts, you can be charged with mere possession all the way up to trafficking in opioids. The more serious the offense, the more likely you can receive mandatory sentences of up to 15 or 30 years in […]

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What are prescription opioids?

Prescription opioids are drugs or opioids as refer to them, that have been prescribed to you by a doctor. The problems arise when one, you’re not in possession of opioids or prescriptions that were prescribed to you. Two, you might be in possession of prescription that is expired. Or three, you’re in possession of a […]

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Opioid drugs were found in my car, but they are not mine. I was arrested. Do I need…

Yes, absolutely. In Florida, the authorities are permitted to prosecute you and convict you if the drugs were not actually in your possession. It’s called constructive possession. That means even if the items were found in your briefcase, in the trunk of a car, you may still be prosecuted, so you do need an attorney […]

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The police officer never gave me a Miranda warning following my drunk driving arrest…

Generally not. Miranda warnings were intended by our Supreme Court to prevent suspects from making self-incriminating statements. So, if there was a deficiency in the Miranda warnings or no Miranda warnings, generally that only means any statement that was made by a suspect may be excluded from prosecution. Most DUI arrests result from an officer’s […]

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I was arrested for possession of opioid drugs. What happens next?

If you’ve just been arrested, chances are the officer is going to book you into the local county jail. Most of the drug offenses have a schedule bond so you’ll have the opportunity to post some type of bond. If you can’t post a bond for any reason, within 24 hours you must be brought […]

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Is refusing to let the police search me an admission of guilt?

No, you have an absolute right to tell the police that you’re not going to consent to a search. The Fourth Amendment protects against unreasonable searches and seizures, and absent some type of exception to that, the police are not supposed to search you. Now, if you do consent, and they find drugs or some […]

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I actually passed the breath test, but the police still arrested me. How is that possible?

You can be charged in Florida under two theories. Either an unlawful blood alcohol level, or driving under the influence, which is based on whether or not you have use of your faculties. So an officer can charge you based on his observations, his mere opinions, that you are impaired. That would be a decision […]

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Do police have to follow any particular rules in arresting me and searching for opioid drugs?

Yes, any time the police make an arrest, it has to be based on probable cause. What that means is, would a reasonable officer, in that particular situation, under those circumstances believe that a crime had been committed? Once there’s been a lawful arrest, in other words, one based on probable cause, the police are […]

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