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Now, the DMV has made it difficult for you to enforce your rights. You are given the option to get a hardship immediately without requesting a formal review hearing, if you apply IN PERSON, within 10 days, but only if you waive all your rights to a hearing and so long as you are eligible (eligibility means a 1st time offense, with no prior alcohol related charges, and the license is not suspended for any other reason such as child support or no insurance or other reasons). For some this may be appealing to them, and is actually better. However, by waiving all your rights to a hearing, you lose your chance to get your license back and your driving record will always have the notation of a DUI arrest EVEN IF YOU LATER GET IT DISMISSED in criminal court. The long term ramifications of this on one’s record can not be overstated. Furthermore, for those that do hire an attorney and decide to choose a Formal Review Hearing and win, then you will be able to get your full license privileges returned, including CDL privileges if you have those, unlike just choosing to get a hardship and waiving that right.
Child Abuse
Even being accused of child abuse is a very scary prospect for anyone. While most cases involve the parents, oftentimes it may be as result of battery or neglect of a child in your care, or even a common juvenile aggressor. It can come from day care workers, grandparents, school workers, church, and a host of other people are often accused of child abuse. Prosecutors are very aggressive in charging these offenses on people and may often over-charge a person merely because the alleged victim is a child. (It should be noted that a “child” is defined as anyone under the age of 18) Certainly, no one wishes any child to be abused, but when you are accused of such an act, it is most important to get representation as soon as possible. Once convicted of such a charge, one will experience a lifetime of being branded as a child abuser, both under the law, as well as with friends, family, and co-workers.
Lawyer Craig A. Epifanio began his practice of law solely defending those accused of a crime. He gained considerable experience aggressively pursuing justice for those accused of all levels of crime, to the point that in 2005 he was elected as President of the Pinellas Association of Criminal Defense Lawyers (PACDL) for that year. He now uses his natural ability to listen and empathize in order to gain a clear picture of the events leading up to a client's arrest, assess each individual legal issue and vigorously protect each client's rights.
DUI/DWI
More than 2% of Americans (4.2 million people) admit to driving intoxicated, just in the last 30 days and the percentage is much higher among college age people. As we all know, over the course of our driving lifetime, that means that most of us have probably driven drunk at least once in our life. While I discourage any sort of drunk driving, if you ever get caught or even just accused of being DUI, then you will need a good defender of your rights, so feel free to look through the links below and my office will be happy to help you.
Traffic Violations
As you can see by the list below, there are numerous traffic violations. In fact, there are just too many to list here as Florida (like most states) likes to do whatever they can to make money and citations are a big revenue maker for cities, counties, and states. Even some politicians have noted that one way to avoid the appearance of raising taxes is to merely raise the fines. Just this year, the fines for 20 mph over the speed limit speeding fines have jumped to a whopping $281 (not to mention school or construction zone violations for this same speed are now $456). This is just one form of “Cash Register Justice” that is literally taking its toll on every driver that drives in Florida, resident, and non-resident alike.
Sex Crimes
Defending a sex crime is unlike just about any other criminal accusation. Unfortunately, for many, especially those unjustly accused, the accusation alone of committing a sex offense can not only be embarrassing but possibly devastating to one's health, career, and family. Being labelled a "pervert," or worse names, is a horrible experience and I do all I can to avoid having one be exposed to that sex offender designation. Prosecutors are reluctant in child sex crimes cases in particular to release evidence. Therapy or counselling sessions of the child are often far different than what actually happened, and is often only exposed through aggressive depositions. The rules of evidence allow in hearsay, that would not normally be allowed in other case, further complicating the defense. Furthermore, because of the VERY serious consequences, such as minimum of 25 years prison followed by probation for the rest of one's life, all the way up to straight life in prison, it is most important to have someone looking out for your best interests, and hire someone with the experience to fully understand what's at stake.
Robbery
August 28, 2019: One of the least reliable yet most often used to convict is the mug shot witness ID. Now it seems that with today's technology, a few bad apple officers are altering mug shots to witnesses just so "they can get their man." In a case in Portland, but certainly applies through all police departments, including those here in the Tampa bay area, officers removed face tattoos from the original mug shot so that tellers in a bank robbery could pick the person the police wanted to convict. Even though none of the tellers ever mentioned face tattoos, police unilaterally decided to make the photo fit "the police version" of events. This attempt at subverting justice and the rule of law is just shameful. As was put, "it is hard to fathom any photo array conduct that is more suggestive than altering a source photograph for the sole purpose of making the investigation target look more like the perpetrator." Call me if you feel you've been unfairly targeted or improperly identified.
Burglary
Types of Burglary The crime of Burglary in Florida has a wide range of consequences. Depending on the facts of the case, a person could get just probation all the way to life in prison. The three primary areas that a burglary can be charged are...
Theft
Misdemeanors
Florida law is filled with many pitfalls so that even if one has finished their sentence, the sex offender or predator will have to register for the rest of their life. Depending on the crime, the person, will have to register either twice a year, or 4 times a year. Furthermore, the police must be notified of any movement at least 48 hours in advance and 21 days in advance of a permanent move. Sexual predators will hardly ever be eligible to avoid registration. However, if the person completed their probation or prison sentence before October 1998, then they may be eligible to avoid continual registration if they have not been convicted of a felony or misdemeanor after that time, then they can get discontinue registration after 10 years. Between that date and July, 2007, a designated sexual predator must report for 20 years if no new crimes were committed. After that date, expect it to be lifetime registration. The best, but also the hardest, way to get off mandatory registration is through the pardon process. However, in 20 years of practice I do not know of any pardons of convicted sexual predators (although they may exist).
Drug Crimes
The consequences of a federal conviction can be far more severe than a conviction on a state charge. For example, one person was charged with possession of only 5 grams of cocaine, generally a violation of state law that can usually be negotiated to a probationary sentence, but because the Feds decided to charge him with a federal crime of cocaine possession, he faced a mandatory minimum prison sentence of 5 years federal prison. Furthermore, double jeopardy does not apply if the federal government decides to pursue charges against you in addition to the state charge s; therefore you could be facing charges in two separate courts for the same conduct. It should also be noted in regards to Marijuana possession, that even though MEDICAL MARIJUANA is now legal in Florida for certain prescribed conditions, it is NOT a defense under Federal law, and you can still be harshly prosecuted.
Assault
As noted, this is for offenses committed before July 1, 2016. The law has since changed for ONE of these charges and that is A ggravated Assault with a Firearm. While it once held a mandatory minimum, organizations such as FAMM (Families Against Mandatory Minimums) have been able to convince the legislature to get rid of this often disproportionate sentence. Now, if one is charged with aggravated assault with a firearm, the judge has discretion to go below any mandatory minimums.
Murder
The Stand Your Ground law, under Florida Statutes, Section 776.032, has been very controversial since it became law in the State of Florida, but it has also been very useful in defending those accused of everything from simple battery all the way to murder. Of course, “Stand Your Ground” became most famous due to the Trayvon Martin shooting by George Zimmerman. (Although, technically the pretrial immunity portion of the statute was not used in that case). While the law is still unsettled as it pertains to the burden of proof, generally speaking, it is used by the defense once the accused chooses to raise it. The burden then goes to the prosecution of disproving self-defense. The judge makes that determination, and if the judge is satisfied, then the case can be dismissed. Since the law is unsettled, it is important that you have a knowledgeable attorney to raise these points and explain to judges the proper way to employ this immunity statute. However, it should also be noted that even if it is not dismissed at that stage, a jury can still find that self defense was necessary, and find the person Not Guilty.
Probation Violation
The state does not have to prove your probation violation beyond a reasonable doubt, unlike the original charge, but only by a preponderance of the evidence. Since this standard of proof is much easier to meet, it is often better to negotiate with the prosecutor than to proceed to court. Defense lawyer Craig Epifanio has an excellent rapport with parole and probation officers and prosecutors. Our goal is to get people out of custody, if that is an option, as soon as possible. Since bond is not usually allowed, we do not let our clients languish in jail and will move quickly in defense of probation violators to control the effects.
Arson
Understand that you can only get one arrest or charge sealed or expunged. Even if you received a withhold of adjudication on two separate charges on different dates, you must choose only one to seal (unless they were part of the same incident). Furthermore, not every charge is eligible to be sealed and not every arrest is eligible to be sealed or expunged. The statute lays out a list of charges, but unfortunately it can be confusing. For example, a simple battery is eligible to be sealed, but if it is a domestic battery, it can not be sealed, even though they are both misdemeanors and both charged under the same statute. More serious charges are not eligible at all. A couple common examples, but by no means exclusive (please call for specific criminal offenses), are charges such as aggravated assault, aggravated battery, arson, drug trafficking, and most all sex-related offenses (except for a small list of misdemeanor offenses). Confused by this? It is likely that you are and that is why it is so important to have an attorney handle this for you.
Manslaughter
The most serious of DUI cases are ones that involve the death of another person, more commonly known as DUI Manslaughter. It is even more tragic when that person may be someone you know who may have been in or near the vehicle at the time of the crash. DUI Manslaughter is a second degree felony punishable by up to 15 years in Florida prison and a $10,000 fine.
Also known as Hit and Run, Leaving the Scene of an Accident is a Criminal Offense. In an accident involving property damage only with no injuries it is a second degree misdemeanor punishable by 60 days jail. You also face 6 points on your license if convicted, unless we are able to negotiate a withhold of adjudication. In more severe accidents where someone is injured or dies and you knew or even should have known that there were injuries, then you are facing felony charges. It is critical to contact our office as soon as you think you may be charged with this offense. Many times, the police can not prove a case without an admission from you. Therefore, having someone there to speak on your behalf is the best way to get the charges either dismissed or negotiated to something less serious. Contact us right away so that we can use our experience to help you in these unfortunate situations.
The St. Petersburg, Florida, personal injury law office of Craig Epifanio, P.A., helps individuals who have been hurt in accidents or through negligence in Pinellas County, Hillsborough County, Manatee County, Pasco County and Sarasota County, Florida. Attorney Epifanio is a former public defender who then went on to work at a personal injury firm prior to starting his own St. Petersburg private practice in 2000.
Solid estate planning is a key element to helping anyone achieve their life goals and enjoy a secure future, no matter how simple or how complex their affairs may be. Everyone we work with has his or her own individual situation, needs and goals. As a St. Petersburg, Wills, Trusts, and Estate Lawyer, our job is to make sure we translate those into a strong estate plan that protects your loved ones, allows you peace of mind and carries on your legacy.
Wills
Wills and Trusts Answers and Solutions. Call (727) 528-1859 to arrange for your free initial consultation about your legal matter. Contact us online.