Pinellas County Florida Criminal Lawyer Blog

For those of you reading any of the entries in this blog - this is NOT LEGAL ADVICE.  It's a blog, which is defined as: "A blog (a contraction of the term weblog) is a type of website, usually maintained by an individual with regular entries of commentary  . . . " from Wikipedia.  It can also be used a a verb. 

Therefore, the entries created by this "blogger" are commentary or opinions.  I try to be as accurate with the law as possible, given that I am a lawyer.  But all criminal cases are different and the laws change rapidly. 

Yesterday, I got a nasty response to one of my blogs about seat belts.  Apparently, the person reading the blog quoted me in court and according to him (or her) "sounded like an idiot."  DON'T QUOTE MY BLOG IN COURT!!!  I didn't think I'd have to say this.  Call a reputable attorney if you have questions.  Or better yet - HIRE ONE.  It doesn't have to be me.  In fact, I can give you a list of attorney's who would be more than happy to help you if you don't like me. 

As to the specific blog the person was quoting in court - I wrote about how the police can't stop you solely for not wearing a seat belt.  Prior to June 30, 2009; the police could not make a traffic stop for the sole reason that a driver was not wearing a seat belt.  Now, thanks to Governor Crist, they can. (See Miami Herald article)  The law just changed.  Lots of laws change on a regular basis.  For example, prior to July 2008 (I think) a 3rd DWLSR (Driving While License Suspended or Revoked) was a felony.  Now, if your license was suspended for monetary reasons, such as not paying child support, or other court fees, a 3rd offense is not a felony.  (BUT DON'T TAKE THIS AS LEGAL ADVICE - CALL A LAWYER!!)

The overwhelming response to this blog is positive.  Here's an example of the kind of  things people have to say:  "The best information I have found exactly here. Keep going Thank you"

Thank you for all of your positive comments - please keep them coming. 

A plea negotiation is an agreement an attorney makes with the prosecuting attorney rather than going to trial.  Some of the reasons prosecutors are willing to make a deal could be that their case is not very strong.  Or perhaps they feel like the sentence is much worse than the crime. Perhaps the defendant thinks he will lose at trial and rather than risk a stiff sentence after trial, he takes a lesser sentence through a plea deal.

I must get 3-4 calls per week from people who want to withdraw their pleas because they don't like the deal they got.  First of all, you only have 10 days to withdraw your plea. Secondly, there are VERY SPECIFIC grounds for allowing withdrawal of pleas.  One of the biggest is that you were not properly counseled about your rights or the terms of the agreement and that you did not understand.  When a person pleas either guilty or no contest in court, the judge reads them a plea colloquy.

This is when the judge says:

"Are you entering this plea freely and voluntarily?"

 "Has promised you anything in return for this plea?"

"Are you under the influence of any drugs or alcohol?" 

 "Is anyone forcing you to enter this plea?" 

This list goes on.  Inevitably people always answer yes to these questions even if they really don't understand what's happening.  Many people who take plea deals do not understand exactly what they are agreeing to.  But this is the time for them to say  "Wait, what exactly are you saying?",  if they don't understand - it's too late to do it later. 

Today's HernandoTimes had an article about exactly this.  A girl pled to murder, and then realized she probably had some defenses for trial.  Her attorney filed the Motion to Withdraw her Plea within the 10 days.  But Judge Rushing denied it. 

"I do believe she was properly advised by her counsel," Rushing said. "There was really no pressure on her that I could see. ... I think it's a case of second thoughts or buyer's remorse."

According to the article, the young woman, who had no prior experience with the law, did not understand that she was facing 30 years in prison.  People sitting in jail get scared and will often pled to anything just to get out.  My advice - don't do it.  Call a competent criminal defense attorney who can advise you of your rights and the shortfalls in your case. 

I thought I might be able to say something nice here, but it's hard for me.  The Pasco County Florida Sheriff's Office spokesperson Kevin Doll now has a site on Twitter . Allegedly sponsored and endored by the the Sherriff, Bob White.

I have nothing against Sheriff White personally, I've never even met him.  But having met many of his deputies, I'd say a training class on the US Constitution, might be a better thing for the Sheriff to spend his time on. 

First of all, let me preface this entry with the fact that I am not offering free legal services.  It's merely my opinion that everyone should be able to get legal help if they need it.

Secondly, you shouldn't need legal advice to solve your problems.  Your life should not be so complicated that in order to fix your problems you need a lawyer.  Lawyers have 19 or more years of education.  They also have OUTRAGEOUS student loans, which is why they charge so much.

So now what? The lawyers you've called require a huge retainer, and potentially more money once that retainer is gone.  You don't have the money, but you still have the problem.  What do you do?

1.       Read everything you can about the issue.  Go online, search Google , Wikipedia, Craigslist and search for your issue and see what pops up.  Look at the articles, blogs, message boards, lawyer ads.

2.       Search the online state statutes.  Every state has them, in Florida the site is http://www.leg.state.fl.us/statutes/  - If you don't understand them, read it again.  The laws of states usually are understandable if you read them a few times.  Most lawyers have to read the statutes more than once to understand them.

3.       Go to the law library in the courthouse.  The librarian is always helpful. Additionally, there are usually lawyers in the library doing research. You may get lucky, and they may help you - FOR FREE.  I always help people who ask me questions in the library.

4.       Go to the regular library.  Check those books for Dummies, like "Divorce for Dummies, Real Estate for Dummies, etc."  They are a great starting place.   

5.   Call the Florida Bar- They have a lawyer referral service and can direct you to legal aid organizations in your area.

6.   BE NICE.  You may be frustrated, confused, angry, but that's not the fault of the court clerk or the librarian or the lawyer who is offering free advice.