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Fort Myers Criminal Defense Law Blog

What is a probation violation?

There are many concerns that those facing criminal charges may have on their minds including their criminal defense options and rights. It is important for anyone facing criminal charges to understand the criminal justice process and their rights throughout that process so they can protect those rights.

One aspect of navigating the criminal justice process may include probation. It is important for accused individuals to know what probation is and what a probation violation means for them. Probation can be violated when the terms and conditions of probation are violated. This can include not attending a scheduled court appearance; failing to report to a probation officer as required; failure to pay required fines of restitution; visiting certain people or places or traveling out of state without first obtaining permission of a probation officer; possessing, using or selling illegal drugs; and being arrested for another crime or committing another crime or offense.

Drug issues that Florida’s fraternities have had over the years

Now that the school year has begun for college students around the state, police are on the lookout for any illegal activities happening on or near dozens of campuses. They know that thousands of students often attend parties that celebrate something going on in the fall (whether it’d be a football game or homecoming), many of which involve some form of drug dealing.

Students that they will especially keep an eye on are members of one of the local college’s fraternities. Many Greek life organizations in Florida over the years have gotten a bad reputation due to the mistakes of individual chapters. Dozens of members over the years have been arrested for dealing or possessing illegal substances such as cocaine and marijuana. If you are thinking of one of your college’s fraternities or are already a member of one, you should learn from these mistakes to avoid ruining you and your chapter’s future opportunities at school.

Using an affirmative defense to defend against criminal charges

There are different criminal defense options available to help individuals facing criminal charges who have been accused of committing a crime. Though there are some general criminal defense strategies accused individuals should be familiar with, the best criminal defense option is unique to the situation and circumstances the accused individual is facing.

Accused individuals can benefit from a criminal defense strategy that can help mitigate the potential penalties and consequences they are facing as a result of serious criminal charges. One type of criminal defense is referred to as an affirmative defense. Affirmative defenses are justifications the accused individual may have for committing the alleged crime. Examples of affirmative defenses can include self- defense, defense of others, insanity, duress, entrapment and involuntary intoxication.

What is considered domestic violence?

Because domestic violence can have such significant consequences for anyone involved in it, it is helpful for anyone impacted by domestic violence to understand what is considered domestic violence and, if they are facing legal charges, what those charges mean. There are a variety of legal resources available to anyone impacted by domestic violence and those involved should understand what they are.

Those impacted by domestic violence need to make sure they have all of their questions answered about what is considered domestic violence and how they can protect themselves. Anyone charged with domestic violence should be familiar with what is considered domestic violence because they are potentially facing significant personal and other consequences as a result of a domestic violence charges.

Serious help with traffic violations

Traffic violations can be more serious than accused individuals sometimes think. They can lead to a variety of significant, and unpleasant, penalties and consequences for accused individuals which is why drivers facing traffic violations should be familiar with the resources available to help them.

Drivers facing traffic violations can face threats to their driving privileges such as license suspension or license revocation; increased insurance rates; and even jail time depending on the circumstances. It is important for drivers accused of committing a traffic violation to fully consider their options and the protections available to them before they pay a fine or admit to anything. It may be possible to have the violation reduced or dismissed.

Criminal defense options for drunk driving charges

There are different methods of defending against drunk driving charges all of which individuals accused of drunk driving should be familiar with. Different criminal defense protections may be available to accused individuals in different situations so knowing the legal options is essential.

There are different types of drunk driving defenses that accused individuals should be aware of and one category is referred to as affirmative defenses. Affirmative defenses to drunk driving charges include necessity; duress; entrapment; mistake of fact; and involuntary intoxication. Affirmative defenses may apply in limited circumstances, so it is important for accused individuals to know if an affirmative defense may apply to their situation.

How serious is a probation violation?

A probation violation refers to when an individual on probation violates the terms of their probation. Probation violations are serious and can result in jail time, a longer term of probation and significant fines and penalties so individuals accused of committing a probation violation should know how to respond to the accusations.

The penalties associated with a probation violation depend on different factors including the nature and seriousness of the violation, if the accused individual has any prior probation violations or if there are circumstances that might mitigate or worsen the seriousness of the situation. Probation violations commonly refer to when an individual placed on probation ignores or violates the terms of their probation. The amount of time an individual is placed on probation can vary so individuals on probation should ensure they are aware of their probation term and the terms of their probation.

Criminal defense protections for drug charges

Drug charges can lead to serious penalties and consequences for accused individuals which is why they should understand how to protect themselves by utilizing criminal defense protections. The criminal justice system affords accused individuals important criminal defense protections they should be familiar with and understand how to enforce.

Whether the accused individual has been charged with drug possession or drug possession with the intent to sell, drug charges can result in harsh penalties and consequences including incarceration and fines. Drug charges can include misdemeanor or felony marijuana possession; cocaine, heroin, methamphetamine or other controlled substance charges; and prescription drug charges. If prescription drugs are illegally obtained or sold, they can also result in drug charges. Based on paraphernalia allegedly found, accused individuals may be charged with possession with the intent to sell.

Can police search the tech in your car without a warrant?

The Constitution’s Fourth Amendment protects us against “unreasonable search and seizure” by law enforcement. Most of the time, this means that police must obtain a warrant before searching us or our property.

There are exceptions allowing police to conduct a search without a warrant, as well as instances in which it isn’t clear that Fourth Amendment protections apply. Unfortunately, when the Constitution’s protections are not entirely clear, it creates a loophole that police can exploit until or unless a court rules otherwise. Nowhere is this issue more important than when it comes to the technology we carry around with us every day.

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Steven Wetter Attorney at Law, P.A.
1617 Hendry Street, Suite 213
Fort Myers, FL 33901

Phone: 239-347-9133
Fax: 239-476-9552
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