by Matt WilliamsCan I Get Off of Probation Early in Florida?
Yes, you may be able to get off of probation early in Florida. You do not have a right to terminate probation early so there is no guarantee that you can get off early, and you can’t force the prosecutor or the judge to take you off of probation early, but there are a few ways that you can get off probation early in Florida.
Florida law says you have to be on probation for at least half of your term of probation before you are eligible for early termination. That means, generally, you have to be on probation for at least half of your term before you are eligible for early termination (i.e., if you were sentenced to 24 months of probation you can apply for early termination after 12 months). That being said, if a prosecutor agrees to let you off of probation earlier and the court allows it, you can get off probation before completing half of your probation term. If the State Attorney agrees to let you off then your lawyer will file a “Stipulated Motion to Terminate Probation” and the judge will sign an order terminating your probation with a day or so. Getting the State Attorney to agree to let you off early is always the easiest and quickest way to get off probation (that is why it’s important to hire an experienced lawyer who has a good working relationship with the State Attorney).
If you’ve completed more than half of your probation term and the State Attorney is objecting to you getting off of probation early then you can still file a motion asking the court to let you off of probation. It’s important that you complete all of your special conditions (community service, anger management, etc.) before you apply for early termination because the court will not terminate your probation unless all of your special conditions have been completed. Depending on what jurisdiction you are in, the court may require you to pay all court costs, costs of supervision and any other outstanding balances before terminating your probation. Either way, after you file a motion to termination probation then the judge will have a hearing and listen to “argument” from your lawyer and the State Attorney. After hearing from both sides, the judge will rule on whether or not your probation will be terminated. Again, it’s important that you speak to an experienced lawyer who has a good relationship with the court and who can help you determine whether you have outstanding conditions or balances that need to be satisfied prior to your probation being terminated.
Your probation officer can also submit paperwork to get you off probation early after you complete all of your conditions, but this is not something you should rely on. While probation officers submit early termination paperwork occasionally, there is a good chance that your probation officer is too busy to submit your paperwork in a timely manner. Getting you off of probation is not your probation officer’s main priority and they will probably take months to submit your paperwork, so keep that in mind when decision how you are going to get off probation.
If you were sentenced to probation and you want to get off early give The Law Office of Matthew C. Williams a call. It can be difficult to understand whether you qualify to terminate early, but an experienced attorney can help you understand whether or not you are eligible and what steps you should take going forward. An experienced attorney can also tell you how to move forward with getting off of probation when you owe outstanding fees and your probation officer is saying you have to pay the entire balance before you can get off probation.
There are many benefits to hiring an attorney and getting off of probation, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been helping people with motions to terminate probation his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let probation officers or the criminal justice system stand in the way of working towards a better future for his clients. He obtains the best results for his clients and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsWhat is the Difference Between Having Your Record Sealed and Having Your Record Expunged?
Practically, there is no difference between sealing your record and expunging your record. In Florida, if you are arrested, charged with a crime or issued a notice to appear for a criminal violation then your case file will become public record. That means your arrest will appear in criminal background checks, records requests and even Google searches until your record is either sealed or expunged. Once your case is sealed or expunged, your arrest and any reports arising out of that specific arrest that you had sealed or expunged will no longer be visible to the public. In addition, once your record is sealed or expunged, you will be able to answer “no” when asked whether you have ever been arrested on employment and housing applications (in some rare situations, like when you apply for admission to the Florida Bar or employment with the Department of Children and Families, you will still have to report your arrest).
That being said, it is better to have your case expunged. When your case is expunged the arresting agency, the State Attorney’s Office and anyone else who has a copy of your file is required to destroy your file. In fact, the Florida Department of Law Enforcement will be the only agency allowed (and required) by law to retain the only copy of your fie, and the public cannot access the Florida Department of Law Enforcement’s file. On the other hand, when your case is sealed, your case file still exists, but the file is not public.
Unfortunately, it is difficult to fit the criteria for eligibility to expunge your record in Florida. To qualify to have your case expunged, your case had to have been dismissed by the Court, or dropped by the State Attorney’s Office, and you can’t have any prior convictions. You can also have your case expunged if you were found not guilty at trial or if your case has been sealed for more than 10 years. That being said, generally, to qualify to have your record sealed then you need to have had adjudication withheld in your case and you can’t have any prior convictions, but keep in mind that there are a number of charges that can’t be sealed by law.
If you have been arrested in the past and you want to seal or expunge your record then you should contact a lawyer to go over your case. It can be difficult to understand what the disposition of your case was, or whether or not adjudication was withheld in your case, but an experienced attorney can help you understand whether or not you are eligible to seal or expunge your case and what steps you should take going forward. If you were arrested for a crime, then you may be eligible to seal or expunge your record. Regardless of the situation, you need an experienced attorney to obtain your court file to determine your eligibility. There are many benefits to hiring an attorney and getting your record sealed or expunged, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been helping people seal and expunge their records his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of working towards a better future for his clients. He obtains the best results for his clients and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsIt’s 420! Can the Police Still Take Me to Jail in Florida for Weed?
Yes, marijuana is still illegal in Florida and the police can still take you to jail for possessing flower, wax, crumble, RSO, tinctures, edibles or THC oil. Most jurisdictions in Florida have started handing out citations for possession of less than 20 grams of flower, but the police in Florida will charge you with a third-degree Felony if you are caught with any concentrates, edibles or oils. Here are some things you should consider if you’re celebrating 420 this year.
- Possession of less than 20 grams of marijuana in Florida is still a misdemeanor and possession of more than 20 grams of marijuana is a third-degree Felony.
- If you are caught with edibles, concentrates, or any form of THC other than flower then you can be charged with a third-degree felony also, even if you have less than 20 grams.
- If you have your medical marijuana card then you can legally possess up to 2.5 ounces of marijuana at a time. You can also legally possess THC in any form. That means you can have edibles, concentrates and oils as long as you have your medical marijuana card.
- If you have your medical marijuana card then you can consume medical marijuana on private property, but you are not allowed to consume medical marijuana in a vehicle, in a boat or on public property, so plan accordingly.
- If you have a medical marijuana card then you can still be arrested for DUI, so if you are pulled over then you should never tell an officer that you just finished smoking or consuming marijuana.
- If you have a medical marijuana card then your probation officer cannot violate you for smoking marijuana.
- If you have a medical marijuana card you can still get your concealed weapons license in Florida.
- Your employer can still drug test you and fire you for testing positive for marijuana, even if you have your medical marijuana card.
- If you do not have a medical marijuana card from Florida then you cannot use your medical marijuana card from another state to purchase or possess marijuana in Florida.
- Never keep your marijuana in plain view. If you don’t have a medical marijuana card and an officer sees a joint in your car, then the officer will have probable cause to search everywhere, so make sure you put your weed away before you get on the road.
Enjoy 420, but if an officer stops you, searches you or takes you to jail for possession of marijuana, then you need to call a lawyer. Regardless of the situation, you need an experienced attorney to review your case, determine if the stop was legal and fight for your rights after your arrest.
There are many more benefits to hiring an attorney if you were arrested, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling cases involving illegal traffic stops, possession of marijuana, and interactions with the drug task force his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsCan the Police Make Me Get Out of the Car During a Traffic Stop?
Yes, the police can order a driver to get out of the vehicle during a traffic stop. The police can make passengers get out of the vehicle as well. While you should always speak to a lawyer about your specific case, it is generally legal for a police officer to order someone out of a vehicle during a traffic stop for officer safety purposes.
Police can conduct a traffic stop on a vehicle if the police officer observes any occupant of the vehicle commit a traffic violation. That means an officer can initiate a traffic stop if the driver is caught speeding, running a stop sign or running a red light, but it also means the officer can initiate a traffic stop if the officer sees a passenger not wearing a seatbelt or drinking a beer in the car. The officer can lawfully conduct the traffic stop in any one of those situations because the traffic stop is based on a reasonable suspicion that the driver or passenger committed a traffic violation. Once the traffic stop is initiated, the police officer ca speak to the driver or passenger and write a ticket, but the officer is only permitted to keep the driver and/or passenger detained as long as it takes to write the citation for the traffic violation. The officer is not allowed to prolong the traffic stop for any reason (oftentimes, law enforcement officers will delay a traffic stop to allow time for a K9 officer to arrive on scene).
One tactic that the police can use to prolong the stop is ordering you to get out of the car. A police officer can legally order any occupant of a vehicle to get out of the car during a lawful traffic stop, even if the traffic stop was based on a minor offense. Oftentimes, there are more occupants of a vehicle than there are officers on scene at the time of a traffic stop. There are also many situations where officers can’t see into a vehicle because of a lack of windows, tinted windows or other factors. Courts have held that an officer can order an occupant(s) out of a vehicle during a traffic stop to prevent the officer from being in a situation where they can’t see all of the occupants during the stop. In that situation, the officer can order the occupants out of the vehicle and the officer can detain the individuals on the side of the road for the duration of a traffic stop. Even if there is only one person in the car, the officer can require that one person to get out of the car if the officer feels it is necessary for his or her safety, and the officer doesn’t have to explain why he or she felt unsafe. While being detained on the side of the road is embarrassing, demeaning and frustrating, police officers are legally allowed to order you out of the car during a lawful traffic stop.
That being said, there are some situations where it would be unreasonable to order an occupant out of the car. For instance, if an occupant is disabled, or if there are minor children in the car, then it may not be reasonable to require the minor child to get out of the car, but such an order would not be illegal. There are also situations where it wouldn’t be appropriate to order someone out of the car because it is against department policy, so it’s important for you to speak to a lawyer about your case to determine whether or not you were lawfully ordered out of the car.
If you were pulled over and removed from your car during a traffic stop then you should contact a lawyer to go over your case. Law enforcement is generally allowed to make someone get out of the car during a lawful traffic stop, but even if you think the traffic stop was lawful you may be wrong. In fact, law enforcement officers are allowed to mislead you and may not have been honest when they told you why you were pulled over, so contacting a lawyer is always in your best interest.
If an officer pulled you over and ordered you out of the car, then your constitutional rights may have been violated. Regardless of the situation, you need an experienced attorney to file pleadings with the appropriate court attacking the legality of the traffic stop and fighting to get a copy of all dash camera and body camera footage. There are many more benefits to hiring an attorney if you feel your rights have been violated, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling cases involving illegal traffic stops his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsCan the Police Look Through My Cell Phone or Search My Cell Phone Without a Warrant?
No, law enforcement cannot search your cell phone without a warrant or probable cause. That being said, there are a number of legal exceptions that will allow law enforcement to search your cell phone without a warrant. Given the fact that your cell phone most likely contains all of your personal information, private photos, and other details of your life, you need to know how to exercise your rights when law enforcement attempts to look through your cell phone.
Everyone has a Fourth Amendment right to be free from unreasonable searches. That means that law enforcement cannot search you or your personal belongings without a warrant (there are some people such as inmates, school children or people crossing the border who do not have the full protection of the Fourth Amendment and can be searched without a warrant). That also means that the Fourth Amendment applies to your cell phone, even if you are pulled over, arrested or otherwise being investigated by law enforcement. No matter what the situation is, law enforcement has to have probable cause or a warrant to search your cell phone.
In most situations, law enforcement will not have probable cause to go through your phone so they will ask you for your consent to search your phone. If you ever find yourself in a situation where law enforcement is asking to search your phone then you should ALWAYS say no. Beyond the fact that you have a right to not have a police officer look through your phone, your phone may contain passwords, bank account info or private photos that you do not want to share with law enforcement. It’s important for you to remember that refusing a search cannot be held against you at all, so don’t let the officer talk you into consenting to the search. Regardless of the circumstances, you should never give an officer consent to search your cell phone.
In some situations, law enforcement will have probable cause to seize your cell phone, which they will do on scene, and then they will apply for a search warrant to search your cell phone at a later time. Oftentimes, this happens during a traffic stop. For example, if an officer pulls someone over and finds drugs, baggies and a scale in the vehicle, then law enforcement will have probable cause to believe the person is selling drugs. In this situation, the officer can seize the person’s cell phone based on the probable cause that the driver is selling drugs, and then the officer can apply for a search warrant to search the phone for evidence of drug sales. In most cases, the officer will look through photos and text messages on the phone to determine if there is evidence of drug sales on the phone. In this situation, the driver will not be able stop the officer from seizing their phone because the officer developed probable cause based on what was found in the car.
Law enforcement can also seize or search a phone without a warrant if there are exigent circumstances present. Exigent circumstances include emergency situations requiring swift action to prevent imminent danger to life or serious danger to property, or to stop the imminent escape of a suspect, or to stop the destruction of evidence. For instance, if law enforcement is arresting someone they believe has kidnapped a minor child and they believe the person’s cell phone contains information about the location missing child then law enforcement may be able to go into the phone without a warrant. In this situation, if the child’s life is in immediate danger and waiting on a warrant could put the child’s life in further peril, the police would be able to get into the phone without a warrant or consent due to the exigent circumstance; however, these situations are rare.
There are very few other exceptions to the warrant requirement for cell phones, but every situation is different. Either way, if the police seize, search or otherwise go through your phone without a warrant then you should contact a lawyer before moving forward with your case. Law enforcement will oftentimes hold and/or search cell phones without the legal authority to do so, so it’s important for you to speak to an attorney who has experience dealing with law enforcement and cell phone seizures. More importantly, if the police pull evidence off of your cell phone illegally then whatever evidence they found should not be admissible in court, so contacting a lawyer is always in your best interest.
If law enforcement searched your phone then your constitutional rights may have been violated. Regardless of the situation, you need an experienced attorney to file pleadings with the appropriate court attacking the legality of the search or seeking the suppression of any evidence found as a result of the illegal search. There are many more benefits to hiring an attorney if you feel your rights have been violated, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling juvenile delinquency cases his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his juvenile clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for your child. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsCan the Police Speak to My Minor Child Without My Consent?
Yes, the police can speak to, question and even detain a minor without contacting their parent or guardian in Florida. Under Florida law, a police officer can approach and speak to minors while they are in school, out in public or at home alone, and the police can proceed with questioning the child about a crime they were involved in, an incident they witnessed or a crime that they were the victim of without obtaining permission or consent from the minor’s parent.
One major difference between an adult and a minor being questioned by the police is the ability of the minor’s parents to prevent the interview. Generally, if the police are questioning an adult then no other adult can prevent the questioning. For example, if Joe, a 19-year-old college student, is with his mother when he is approached by the police for questioning about a grand theft auto, then his mother cannot prevent the police from questioning Joe because Joe is an adult. However, if Michael, a 14-year-old high school student, is with his mom and the police approach him to question him about a bag of marijuana that was found in his car, then his mom can stop the police from questioning Michael because Michael is a minor. The police would also be required to stop their questioning if a lawyer hired by Michael’s mother refused an interview on Michael’s behalf. Minors in Florida are awarded that extra protection, but law enforcement will oftentimes approach the minor for questioning when no parents are around to prevent a parent or lawyer from stopping the interview.
For that reason, it’s important that your child knows that they can always refuse to be questioned. Whether your child is questioned by a neighborhood patrol officer, the school resource officer or a seasoned detective, they always have the right to refuse to answer questions. They can also ask to contact you or an attorney before answering any questions. Even if your child is not the subject of a criminal investigation, your child should contact you because you need to be aware of what law enforcement is questioning your child about. You also need to determine whether you want your minor child to be a part of the criminal investigation. Unfortunately, a minor’s involvement in a criminal case can have negative, traumatic effects on a minor, even if they are just a witness, so being aware of what the police are talking to your child about is extremely important. Depending on the situation, speaking to the police may not be worth it, even if there are no legal implications.
If the police come to your house to question your minor child then you should always contact a lawyer before allowing the police to begin their interrogation. Law enforcement is allowed to lie to you and mislead you and your child, so even if you think you have an idea of why the police are asking your child questions you may be wrong. In fact, law enforcement officers rarely provide all details of their investigations when questioning suspects and witnesses as an investigative tactic, so contacting a lawyer is always in your best interest.
If an officer questions your minor child and your child tells you they did not want to speak to the officer, then your child’s constitutional rights may have been violated. Regardless of the situation, you need an experienced attorney to file pleadings with the appropriate court attacking the admissibility of your child’s statement or seeking the suppression of any evidence found as a result of their statement. There are many more benefits to hiring an attorney if you feel your child’s rights have been violated, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling juvenile delinquency cases his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his juvenile clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for your child. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsShould I Contact a Lawyer If the Police Try to Question Me?
Yes, you should always contact a lawyer if the police try to question you about your involvement in a crime. You should also speak to a lawyer before speaking with the police even in situations where you are “just a witness” or you were “just in the wrong place at the wrong time.” Here’s why:
Police officers are allowed to lie to you, mislead you and trick you into making statements. They are under no obligation to tell you the truth about who they are investigating, what evidence they have, or whether they are going to arrest you after you provide a statement, so you can never trust a police officer who is questioning you. In fact, you may not even realize you are the subject of a criminal investigation until you’ve already incriminated yourself, so ask for a lawyer before you speak to any law enforcement officer.
Generally, if law enforcement officers want to speak to you then you are either the subject of a criminal investigation or they believe you have information related to a criminal investigation. Naturally, people want to tell their “side of the story” because they want to prove they are innocent or they want to provide helpful information, but if you are the suspect in a criminal investigation and you provide a statement then your own words may be used to incriminate you. Your words can also be used to place you at the scene of the crime, or to eliminate any defenses you may have. The same can happen even if you believe you were “just a witness,” so it’s always best to speak to a lawyer before giving your statement.
Keep this in mind also: If the police have probable cause to arrest you then they are going to arrest you whether you make a statement or not. Nobody can talk their way out of probable cause so making a statement can only make your situation worse. Also, even if you are innocent, if you give a statement and misstate one fact, that misstatement can be considered a lie that may come back to hurt you later (for example, let’s say John Doe is completely innocent but he is being questioned about a murder that happened at a nearby park. John Doe says “I had nothing to do with that murder. I don’t know the victim and I’ve never been to that park,” but then the police later find out that John was really at the park, then John just made himself look like a suspect, even though he didn’t commit any murder.).
A lot of people are afraid to ask for a lawyer when confronted by the police, or they think asking for a lawyer will make them look bad. It’s natural for us as human beings to explain our actions or innocence, but you need to request a lawyer before you speak. Always remain respectful when asking for a lawyer, and if the police officer still moves forward with questioning then you should ask for a lawyer a second time. Do not think about whether or not asking for a lawyer makes you look bad and do not think about whether the officer is going to be upset with you. You have a constitutional right to speak with a lawyer and no judge, court or jury can legally hold it against you.
#d29e0eThere are very few situations where it is in your best interest to talk. Even if it is in your best interest, you have no way of knowing whether it is in your best interest without speaking to a lawyer. If law enforcement has contacted you to provide a statement then you should contact The Law Office of Matthew C. Williams immediately. At The Law Office of Matthew C. Williams, we can discuss your situation, your potential statement and the legal implications as it relates to any statement you make. In most cases, Attorney Williams is able to make contact with the investigator or detective prior to meeting with you, and he’s able to advise you on whether you should provide a statement. If it is appropriate to provide a statement, Attorney Williams will accompany you while you make the statement as well.
There are many other benefits to retaining a lawyer if you are contacted by law enforcement. Attorney Williams and The Law Office of Matthew C. Williams focus primarily on criminal defense matters and they take pride in obtaining great results for their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, prosecutors, or the criminal justice system stand in the way of getting his clients the outcome they deserve. He obtains justice for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out how he can seek justice for you today.