The Law Office of David A. CarrollPensacola Family Law Attorney | Criminal Defense2024-01-29T00:57:45Zhttps://www.davidcarrolllaw.com/feed/atom/WordPressOn Behalf of The Law Office of David A. Carrollhttps://www.davidcarrolllaw.com/?p=467612024-01-29T00:57:45Z2024-01-29T00:57:45ZIn cases involving injury or death
Drunk driving is a major public safety because impaired motorists cause a disproportionate number of severe collisions. Prosecutors have the authority to pursue felony charges when someone accused of intoxication while driving either caused injury to other people or a crash that resulted in someone dying.
For a third offense within 10 years
Someone's prior record often plays a major role in how the state views impaired driving cases. A first charge is subject to more lenient consideration than a second or third charge. The closer together the infractions have been, the more likely the state is to pursue felony charges against a driver. Someone facing a third DUI charge within 10 years of the first could be at risk of felony prosecution.
For a fourth offense
Someone who already has three DUI convictions on their record could very well face felony charges for any future impaired driving arrest. The amount of time that has passed since someone's last DUI arrest does not matter when they face fourth or subsequent DUI charges in Florida. Prosecutors have the option of pursuing felony charges because of the repeated violations on someone's record.
Felony DUI charges could lead to more serious penalties. They can also have a stronger impact on someone's future options. While landlords and employers may overlook misdemeanor convictions, felonies can have more of a chilling effect on an individual's future. Ultimately, understanding when Florida prosecutors can pursue more serious charges may benefit those recently arrested for an alleged DUI offense.]]>On Behalf of The Law Office of David A. Carrollhttps://www.davidcarrolllaw.com/?p=467412023-10-26T03:15:22Z2023-10-26T03:15:22Zother tactics you can use to keep it?
You could be the buyer
One potential option is to refinance your mortgage and buy out your spouse’s share of the home’s value. If they were just interested in getting their money out of the home, so that they could use that money as they move forward with their life, they can still get it and you get to keep the asset that you value most. Refinancing the mortgage will transfer it into your own name alone.
Unfortunately, the biggest issue with this approach is often expense. Maintenance, upkeep, insurance and all other costs are going to take a bigger portion of a budget if someone just has one income. Additionally, they may find it hard to actually refinance their mortgage and get approved while heading up a single-income household.
You could keep it together
There are also some rather nontraditional situations in which couples choose to keep their home together. One example is birdnesting, where they want their children to keep living in the home, even as the parents move in and out while sharing parenting time.
Another example could be if a couple wants to sell their home at a later date. They may think that the value is only going to climb over the next few years. Some couples will rent their home out until it’s time to sell and then make that sale when it is financially advantageous, even if that is long after the divorce.
You do have many options for how to manage your home during divorce, but the process of actually managing this issue can be undeniably complicated. Be sure you understand your rights and options by seeking legal guidance as soon as possible.
]]>On Behalf of The Law Office of David A. Carrollhttps://www.davidcarrolllaw.com/?p=466842023-07-27T01:06:51Z2023-07-27T01:06:51ZPlanning for school breaks and holidays
Being able to spend the most enjoyable days with the children is important for the bond the parents have with the kids and the preservation of family traditions. Parents therefore need to have a schedule in place for splitting or sharing holidays, birthdays and breaks from school. Some families alternate the holidays, while others find ways to cooperate and celebrate special events all together despite the divorce or separation.
Addressing unexpected changes
No matter how carefully the adults attempt to adhere to the time-sharing schedule of a parenting plan, problems can still derail the family's schedule for the day or the week. Perhaps one of the children breaks a leg or falls very ill. Maybe one of the parents ends up sick or has to handle an emergency project for work during what should be their parenting time. When the adults in the family have rules in place for when they need to make unexpected adjustments to the parenting schedule, will be much easier for them to do so without it cause in conflict between the adults or damaging the relationship that the children have with their parents.
Managing extracurricular responsibilities
The older the children become, the more outside activities they will likely participate in after school. Whether they want to spend the weekend with a friend or have a gymnastics meet two counties over, a child's social and extracurricular activities can cause scheduling conflicts and logistics challenges for parents. Having communication rules in place may help the adults navigate last-minute requests by older children, and recognizing how important peer socialization and extracurricular enrichment is for teenagers may help reduce the emotional reaction that the adults have to choices that may reduce their time with the children.
Proactively addressing issues known to cause conflict during time-sharing arrangements may help the adults in a family more effectively meet the needs of their children while minimizing household conflict. Seeking legal guidance can help parents to personalize their approaches more effectively.]]>On Behalf of The Law Office of David A. Carrollhttps://www.davidcarrolllaw.com/?p=466792023-04-22T23:52:10Z2023-04-22T23:52:10ZHow mediation can help
Both the person pursuing a divorce and the lawyer representing them will have the goal of obtaining the most favorable outcome possible. That approach rarely lends itself to compromise. Working with a mediator will make it easier for people to bend their personal goals to a workable compromise.
The neutral third-party mediator can help uphold the best interests of both parties while facilitating cooperation and giving people the chance to retain control over their financial and family matters. The mediation process is confidential, which makes people feel comfortable discussing the difficult details of their marriage in a way that might feel embarrassing in a public courtroom setting.
When couples share children, the need to cooperate during mediation can help them develop better communication skills so that they are in a better position to co-parent with one another after the divorce. Finally, even though mediation adds an additional expense to the divorce process, many couples will find that it ultimately keeps the total cost of their divorce a bit lower because they spend less time in court.
Especially when couples have children and worry that their disagreements and personal stress levels will affect the happiness and mental health of their kids, mediation might be the calm and respectful solution their family requires. Understanding why other couples choose divorce mediation can help adults in Florida determine if it might be a good option for their circumstances.]]>On Behalf of The Law Office of David A. Carrollhttps://www.davidcarrolllaw.com/?p=466782023-01-25T21:23:52Z2023-01-25T21:23:52ZFlorida’s “Drug Abuse Prevention and Control” law
Florida law provides immunity for anyone “acting in good faith who seeks medical assistance" for an individual experiencing, or believed to be experiencing, an alcohol-related or a drug-related overdose” from arrest and prosecution for most drug and alcohol-related offenses. It also protects the person experiencing the overdose if someone else seeks help for them or if they seek help for themselves.
Immunity only applies, however, “if the evidence for such offense was obtained as a result of the person’s seeking medical assistance.” This immunity also applies to any violations of a person’s terms of parole or probation.
The law doesn’t always provide immunity
It’s important to note that this immunity is only for drug-related and alcohol-related offenses (for example, providing alcohol to a minor). If evidence of another offense is found at the scene, such as allegedly stolen items or unlicensed weapons, the law “may not be grounds for suppression of evidence in other criminal prosecutions.”
If you or your child is facing drug-related charges for which you believe this law immunizes them, it’s crucial to make that known. Even if the law doesn’t cover the alleged offense, the circumstances around the arrest can always be taken into consideration. Getting help for someone to save their life is never the wrong thing to do. Whatever the situation, having experienced legal guidance can always help.]]>On Behalf of The Law Office of David A. Carrollhttps://www.davidcarrolllaw.com/?p=466762022-10-24T20:09:55Z2022-10-24T20:09:55ZUsing photos, posts and deleted accounts against you
Many people are under the assumption that what you put online is safe from the law, but that’s likely far from the truth. In some cases, online profiles may have enough self-incriminating evidence to lead courts to a person's motive for a crime.
Because most people's accounts are typically publicly viewable, there may be photos, posts or comments that directly lead police to evidence of criminal activities. Some social media sites may track user locations, linking them to a time and location of a criminal offense. Other social media tools allow users to live-stream their actions, some of which could be illegal.
Protecting your social media during a criminal trial
When social media users learn that their accounts could be used against them in a criminal trial, the first instinct is typically to delete their photos, posts or entire accounts. However, if someone is suspected of criminal activities, deleted information or accounts may only appear as an attempt to destroy or alter evidence.
What can someone, who actively uses social media, do to prevent their account from being used against them in court? You may consider the following:
Avoid discussing details about an arrest or trial on social media.
Avoid deleting old social media accounts or making new accounts.
Avoid following or friending new people.
People post on social media nearly every day, as a result, it can be hard to control what or who you’re associated with online. You may need to consider your legal option when forming a defense.]]>On Behalf of The Law Office of David A. Carrollhttps://www.davidcarrolllaw.com/?p=466742022-07-26T19:58:40Z2022-07-26T19:58:40Zcustody arrangement you set up for an older teen is going to vary from one that you have for a young teen. Someone who is 14 or 15 still needs their parents to be present and to support them regularly compared to someone who is 17 and nearly an adult.
How can you make a custody schedule when your teen drives?
For teens who are already driving independently, your custody schedule might need to be flexible. If they already have a job, go to school and drive, you may want to consider having a schedule that allows your child to return to the home closest to the school or their work during the week. If their activities change regularly, you might suggest a schedule that lets them choose where to go so long as both parents are contacted in advance that day.
Should you ask your teen about their custody preferences?
Asking your teen about their custody preferences isn’t a bad idea, because they may have something in mind that you haven’t thought about yet. They know their schedules and what kinds of extracurricular activities they may want to participate in. They may also have a preference for where they’d like to live based on factors you didn’t think about, like where their friends live or which family they’d feel more comfortable with.
Generally speaking, your teen cannot make the final decision about where they’re going to live, but they should get to speak their minds to let you know what they want. If you can’t do what they want, it may help to have a conversation to go over why you can’t have that particular arrangement in place. Doing so may help them adjust to the custody plan your do use more easily.]]>On Behalf of The Law Office of David A. Carrollhttps://www.davidcarrolllaw.com/?p=466702022-04-19T16:01:07Z2022-04-19T16:01:07ZYou can build a defense against DUI charges
Did you know that you have the opportunity to build a defense if you’ve been accused of a DUI? You have the right to question the way the stop occurred and if the officer had a reason to stop you at all. You also have a right to question the results of a Breathalyzer test and the charges you’re facing because of it.
What could cause you to appear impaired when you’re not?
Florida is hot, so one of the main things that could increase the appearance of impairment when you weren’t drinking or weren’t drinking enough to be dangerously impaired is dehydration. If you’re dehydrated, it’s possible that you could have a higher blood alcohol concentration. It’s also possible that your symptoms of dehydration could mimic those of impairment, leading to a DUI arrest when you really needed to ingest liquids and rehydrate.
Another risk in Florida could be the interaction between drugs, heat and alcohol. While you may be able to drink and take an allergy medication when you’re well hydrated, doing the same when you’re not could lead to more significant symptoms of impairment.
Whether it’s the impact of medications or symptoms from severe dehydration that have led to you facing charges, it’s important for you to defend yourself with the facts. You don’t deserve to face a DUI if you were not impaired or if you were showing signs of impairment that were actually a medical emergency.
What do you need to do if you’re facing charges?
If you’re facing charges for drinking and driving, know that you must act quickly to build your defense. A good defense may help you minimize the risk of imprisonment, the loss of your license and other penalties.]]>On Behalf of The Law Office of David A. Carrollhttps://www.davidcarrolllaw.com/?p=466532022-01-21T22:46:37Z2022-01-21T22:46:37Z20 grams or less could lead to a fine of $1,000 and a year in jail, and it's a misdemeanor. The penalties only get harsher from there.
One problem that this can create is that people in other states are beginning to think of marijuana differently than they would have even ten years ago. They do think of it more like alcohol, and less like an illegal drug. This can be hard to wrap your head around in Florida, where it's always been illegal, but this is the viewpoint that people have in other states.
Florida is one of the top vacation destinations in the U.S. Those who are coming there from other states need to know that they cannot bring marijuana under any circumstances.
But what if you bought it legally?
It does not matter if you bought it legally in your home state. You may have followed all the laws there, but that simply means that you can have it in that state. Once you enter Florida, even if you made a legal purchase, you are subject to Florida's laws. This means you could still be arrested for illegal marijuana possession.
You should never cross state lines
Another thing to consider is that crossing state lines with marijuana is always illegal. Marijuana is still federally banned, even when the states have changed their laws. In fact, this even means that it's illegal to leave one state where they have recreational marijuana laws and enter another state with the same laws. Even though both states would allow for recreational use, crossing that state line makes this a federal crime.
What if you're facing charges?
If you do make a mistake or forget that the laws are different in Florida and you're facing charges, it is important to take them seriously and to understand all of the legal defense options you have.]]>On Behalf of The Law Office of David A. Carrollhttps://www.davidcarrolllaw.com/?p=466522021-10-22T16:21:10Z2021-10-22T16:21:10ZThey know to ask the right questions
A police officer concerned about impairment will likely ask if you have had anything to drink as soon as they pull you over. The way that you answer could give the officer reason to continue the interaction or even probable cause to arrest you.
Admitting that you have had too much to drink could be all it takes for the officer to arrest you. If you admit to having even a single alcoholic beverage or if the police officer smells alcohol, they may ask you to exit the vehicle.
They will have you perform a field sobriety test
Once you have admitted to having a drink or the officer has reason to suspect you lied about drinking, they may require that you perform field sobriety tests. This involves having you step out of your vehicle and perform physical tasks so that the officer can gauge your impairment.
These tests may include following their finger with your eyes or walking in a straight line. If you fail any of these tests, the officer can use your performance as probable cause to request a chemical test.
They will administer a chemical breath test
When an officer has probable cause to suspect someone of driving under the influence (DUI), they can require that the driver perform a chemical breath test. If the results of the test show that the driver is over the legal limit for their age and license type, then the police officer will likely arrest them on the spot.
Although it may seem like this process is very good at identifying truly impaired drivers, that is not the case. Anything from anxiety to certain medical conditions could lead to someone failing field sobriety tests and even a chemical breath test. Understanding the evidence that police gather can help you plan to defend yourself against a DUI charge.]]>