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Daytona Beach Criminal Defense Lawyer
Getting charged or investigated for a criminal charge can be a traumatic experience for any person, adult or minor. The justice system can be complicated and confusing withprosecutors using every available means to prove that you’re guilty. At Smith & Eulo, we understand how a criminal case can affect your personal and professional life.
In addition to financial setbacks from penalties and fines, you stand to lose your reputation. If you’re ever involved in a criminal case, the first step you should take is to demand to speak to an lawyer. Whatever you do, remember not to try and explain the situation or make any kind of statement to law enforcement officials. Even if you’re innocent, anything you say can be used as evidence to build a case against you.
Rely on Expert Attorneys to Explain the Nature of the Criminal Case
Oftentimes, people are arrested without knowing or understanding the charges. The court can issue a capias or arrest warrant and direct the police to arrest you if they have adequate evidence to support the charges. Talking to a Daytona Beach criminal defense attorney helps you understand the situation more clearly. You can weigh your options and receive advice on the best course of action that will not leave a permanent mark on your record. Like, for instance, a plea bargain or a fine, depending on the severity of the charges.
Criminal Charges in Daytona Beach, FL
Burglary is a felony offense and is categorized as a first, second, or third degree. The law defines burglary as:
- Entering or remaining in a residential or commercial structure, vehicle, or any other premises with the intention of committing an offense.
- Entering premises that are not open to the public, without having an invitation or license and, perhaps, carrying a weapon
Typical charges and the possible sentences include:
- First degree combined with assault – Life imprisonment or maximum prison term of 30 years and a $10,000 fine.
- Second degree – Maximum of 15 years’ imprisonment and a $10,000 fine.
- Third degree – Maximum of 5 years’ imprisonment and $5,000 fine.
The punishment and penalties in federal crimes are typically harsher than crimes committed in state or local jurisdictions. Offenses can include:
- Transporting stolen property across state lines
- Drug trafficking
- Human trafficking
- Assaulting a government agent
Loitering and Prowling
Charges of loitering and prowling are based on the law officer’s suspicion that the accused could be a threat to public safety and possibly, disrupting peace. The arresting officer may also choose to detain a person if they
- Run off for no apparent reason
- Refuse to provide any identification
- Try to hide or conceal an object
- Display any other behavior atypical of a law-abiding citizen
- Refuse to leave a location when asked to
Providing defense against loitering and prowling charges may seem easy but it is best to have an experienced criminal defense attorney working to disprove the evidence.
The state of Florida defines two kinds of probation violation as technical and substantive. Technical violations occur when the person violates one or more of the conditions of their probation such as:
- Failing a drug test
- Not paying court fees
- Not appearing at a mandatory probation meeting
- Not completing the rehabilitation program ordered by the court
Substantive violations occur when the person commits a new offense during the probation term. As a result, the probation is revoked and the new charges are added to the list of offenses.
Violating your probation terms could result in imprisonment depending on the circumstances.
When confronted by a law enforcement official, it is advisable to follow any instructions they may give you. Resisting arrest can quickly escalate into a misdemeanor or felony depending on the particular situation. For instance:
- Non-violent – Not allowing the officer to place handcuffs, running away, hiding, tensing up, or going completely limp. These charges can earn you a maximum one-year prison sentence of specific community service hours.
- Violent – Hitting or kicking the officer, or using a weapon or an object as a weapon to hurt the officer can result in third-degree felony charges
Stalking charges include physical and virtual attempts for unwanted communication. For instance:
- Physical stalking like following, watching through binoculars, or taking photographs without permission
- Virtual stalking like making unwanted phone calls, sending messages on social media, instant messaging, emailing, or sending images
- Aggravated stalking like sending verbal or non-verbal threats that make the other person fear for their own or their family members’ safety
Any activity or behavior that causes the other person to feel threatened, emotionally distressed, or invades privacy and personal space is considered stalking. Such charges carry a penalty of a one-year prison time depending on the severity of the crime.
A DUI or DWI charge is serious offense and the penalties you’ll incur depend on several factors such as:
- Blood Alcohol Content (BAC) Levels
- Previous convictions
- Damages to property
Each subsequent DUI charge carries more severe penalties and restrictions, and you also risk getting your license revoked.
- Fine of $2,000 and above
- Five years or higher prison sentence
- Felony of the third degree
- Vehicle impounded for at least 90 days
- Enrolling in an ignition interlocking program for at least 6 consecutive months
Drug charges and the consequent punishment depends on various factors such as:
- Class of the drug
- Intentions to use or distribute
- Amount of the drug found in your possession
Typical penalties according to the the relevant charges include:
- Possessing marijuana less than 20 gms – Misdemeanor with a maximum of 1-year prison term and $1000 fine
- Possessing marijuana between 20 grams and 25 pounds with the intent to sell – Felony with a maximum of 5-year prison term and $5000 fine
- Possessing more than 25 pounds of marijuana – Trafficking charges with a felony charge carrying a maximum of 30 years prison sentence
- Possessing cocaine less than 28 gms for personal use only – Third-degree felony charges with a maximum of 5 years’ prison term and a $5000 fine
- Possessing less than 28 gms of cocaine with the intention to distribute – Second-degree felony charge with a maximum 15 years’ prison sentence and a $10000 fine
- Possessing more than 28 gms of cocaine – Felony trafficking charge with prison sentences of 3 years to life and fines ranging from $50,000-$250,000 depending on the amount of drugs found
What to Expect in Your Criminal Case
The criminal defense process will most likely be something you are very unfamiliar with. It can be very intimidating to go through the legal process by yourself, so ensuring you have the expertise of a great criminal defense attorney can put your mind at ease. If you need criminal defense representation in Daytona Beach, Smith & Eulo Law Firm is here to assist you!
The first step in the process of defending your criminal charges is to contact a qualified criminal defense lawyer. Most lawyers offer a free initial consultation to give you an idea of what it will take to defend your case, including our team at Smith & Eulo. You can schedule your free consultation with us by calling 407-930-8912.
Once you’ve secured legal representation, your lawyer will ask you as many questions as possible to understand the details of your case. They will be able to tell you the likelihood of a positive outcome, as well as exactly what to do in order to achieve it. A good attorney will make certain you are completely prepared for your court date and will coach you on exactly what to say and do.