Anabelle Dias,
P. A.

Attorneys at Law

Serving Tallahassee and North Florida

Legal Services for
Tallahassee and North Florida

Types of Cases we Cover

These are not the the only cases we cover though!
Contact Us today for a free consultation for your legal situation.

Assault and Battery

Assault and battery charges are extremely common in Florida, and these are serious crimes that carry serious consequences. As a result, you need to make sure that you take advantage of the client-centered services offered by Anabelle Dias P.A. as soon as possible in order to assert your rights as early in the process as possible. Our firm has years of experience in handling these charges, and below is a brief look at this area of law in Florida.

Florida Laws on Assault and Aggravated Assault:

Assault and aggravated assault are crimes that are indicted by the thousands in Florida. For instance, in 2005, more than 82,000 people were charged with aggravated assault alone. There are differences between these two charges in terms of their definitions, and they are important distinctions.

Assault is defined as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Aggravated assault is an assault with a deadly weapon without intent to kill or an assault that is committed with an attempt to commit a felony.

While assault can be either a misdemeanor or a felony, depending on the facts surrounding the situation, aggravated assault is a third-degree felony that carries with it significant prison time if the defendant is convicted.

Battery Charges and Laws in Florida

Much like assault, battery charges and convictions in Florida number in the thousands every year. Battery is much like assault, except that battery involves the actual use of physical force as opposed to the presence of a realistic threat of use of such force. Florida's battery law provides that a person is guilty of assault if he or she actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.

There is also a possibility for a defendant to be charged with aggravated battery in Florida, and that occurs when a person, in the course of committing a battery, intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement or uses a deadly weapon. A battery is also automatically classified as "aggravated" if the defendant knew that the victim of the battery was pregnant at the time the offence occurred.

Battery is also generally classified as a felony, and the requisite prison term recommendations for this type of crime apply if the defendant is convicted of such a charge. However, convictions of this type, like all others, depend on the facts of the case and the evidence that is presented.

Burglary and Theft

Burglary and theft convictions can carry serious, life-changing consequences for those who are convicted of either of these charges in Florida. Although some of these crimes, in terms of the factual circumstances surrounding them, are non-violent in nature, courts in Florida generally do not treat them that way, and the sentencing guidelines are quite severe.

As a result, if you've been charged with either of these offences, you need to act quickly to obtain the proper representation. Anabelle Dias & Associates, P.A., is a firm with years of experience in handling these issues for clients, and they offer an accommodating schedule as well as affordable payment plans so that rights do not go unenforced because of scheduling or financial concerns.

Types of burglary and theft charges in Florida:

Embezzlement: Embezzlement is a "white collar," or generally non-violent crime that is defined as the taking of another's money and property through abuse of an official job or position of trust. An example would be a CFO depositing money into a personal account from a business' assets for personal use.

Credit Card Fraud: Fraud is generally defined as intentionally lying in order to induce someone into relying on the lie to part with something of value. In regards to credit card fraud, this "lying" can occur either through personal contact where a victim's private information is revealed or even on the Internet, where a person's financial information can be stolen and put to use for the illegal purpose of using someone else's credit cards for personal gain.

Petty Larceny and Grand Larceny: Larceny is defined as the unlawful taking of the personal property of another without proper consent and with the intent to deprive the victim of the ownership or use thereof. Florida designates "petty larceny" as the taking of anything that is worth less than $300, and the taking of anything worth $300 or more as "grand" larceny. The difference is that grand larceny is a felony, carrying stiffer penalties.

Shoplifting: Although this may seem like a simple definition, it really is not. One does not even need to steal anything to commit retail theft under Florida law. A person commits retail theft simply by altering or removing a label, universal product code, or price tag, by transferring merchandise from one container to another or by removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or "full retail value" constitutes retail theft in Florida.

Property Theft: Property theft is a charge that basically encompasses any or all of the violations listed above that involves personal property. Florida law also classifies the severity of such an offence based on the value of the property tha is illegally taken. As stated, the taking of anything worth $300 or more is considered a felony. Likewise, the taking of anything worth $20,000 or more is considered a second-degree felony, and the taking of $100,000 or more is considered a first-degree felony, and the appropriate sentencing guidelines will apply with a conviction.

Possession of Stolen Property: Possession of stolen property is also a serious offence, and it is defined in Florida as any person who traffics in, or endeavours to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree.

Overall, any or all of these charges can have serious consequences. However, that is not a reason to wilt with fear if you have been arrested or charged with these offences. You need to take the initial step of contacting Anabelle Dias P.A. in order to analyse your situation and begin the process of providing yourself with the skilful and vigorous defence that is your right under the law.

Domestic Cases

Domestic violence charges in Florida are extremely prevalent, as these charges can center on any of several specific courses of conduct, including simple assault, battery, aggravated assault and battery or even rape and murder. Statistics show that over 125,000 cases of domestic violence are reported every year in Florida.

If you have been charged with a domestic offense, you need to understand your rights. Anabelle Dias P.A. is a firm with years of experience in handling these types of offenses for clients, and the best course of action you can take if you have been arrested and charged with a domestic offense is to contact the firm for a consultation. Anabelle Dias P.A. offers affordable and flexible payment plans and scheduling options, as the most important thing for you is to obtain representation and to assert your rights as soon as possible.

Domestic Violence Laws in Florida Defined:

"Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Domestic Violence Sentencing Requirements in Florida:

There are minimum sentencing requirements involved with any conviction of domestic violence, and the least severe, as defined in the statutes is as follows:

If a person is adjudicated guilty of a crime of domestic violence and the person has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 5 days in the county jail as part of the sentence imposed, unless the court sentences the person to a non-suspended period of incarceration in a state correctional facility. This section does not preclude the court from sentencing the person to probation, community control, or an additional period of incarceration.

All of this should be taken to mean several things to any defendant in a domestic violence criminal case:

1.) If convicted, you could face a lengthy prison term;

2.) Domestic violence can be a part of almost any violent crime indictment;

3.) Public policy demands that courts are harsh in their sentences towards those convicted of domestic violence;

Overall, this should also mean that if you are arrested and charged with a domestic violence crime, you still may face additional criminal charges depending on the circumstances of your case. The best way to handle this is to contact Anabelle Dias P.A. as soon as possible for a full consultation. The attorneys at the firm are available 24 hours per day, and the firm understands that certain arrangements may need to be made in order for you to be able to afford the representation you deserve. The worst thing you can do is hesitate - contact the firm today.

Drug Crimes and Trafficking

Due to Florida's proximity to international waters and numerous ports of entry, the state the state has an extremely high degree of drug trafficking and use. This reputation has been in place for many years, and as a result, the state legislature and judges have been equally involved in enacting and enforcing some of the toughest drug laws in the world.

If you have been charged with any type of drug crime, you certainly face a serious situation. However, that does not mean that you are without rights or that you should by any means simply allow the prosecution process to run its course passively. Anabelle Dias P.A. has years of experience in defending the rights of those accused with drug crimes in Florida, and they are available 24 hours per day to help you with your situation.

Below is a brief look at the drug laws that govern Florida.

Florida Drug Law Statutes:

893.13 Prohibited acts; penalties.--

(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

What this means for you is that handling, using, possessing or distributing any type of "controlled substance" will result in you facing not only a stressful prosecution process, but also prison time if you are convicted.

Florida Marijuana Laws and Statutes:

Many people may informally consider marijuana to be a "non-serious" drug, and as a result any offense in relation to it is not life-changing in nature. However, as you will see below, the Florida legislature does not agree, and the following represents the sentencing guidelines for marijuana offenses:

893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.--

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as "trafficking in cannabis," punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Prison terms for cannabis-related offenses vary based on the amounts involved, but these prison terms can range from anywhere between three and 15 years in prison and carry a fine that ranges anywhere between $25,000 and $200,000.

Overall, drug and marijuana crimes can carry life-changing consequences. If you have been arrested or charged with a drug-related offense, it is critical that you contact Anabelle Dias & Associates, P.A. immediately for a consultation and explanation of the rights and strategies available to you.

Drunk Driving

One of the most prevalent criminal issues facing Florida residents today is drunk driving and its associated offenses. Statistics show that more than 11,000 people are arrested every year in Florida for a drunk driving-related offense, and the charges that can accompany such a situation are numerous in nature.

The first thing you need to do if you are arrested for such an offense is to contact Anabelle Dias P.A. for a full consultation. The firm is available 24 hours per day, and you can rest assured that you will have flexible payment options that will work within your budget. Below are a few examples of the types of offenses that can be used to charge a defendant in Florida as well as the manner in which these charges are pursued.

Florida DUI/DWI Laws:

Any person can be charged with DUI in Florida if he or she is found to have a BAC of at least .08 or more grams of alcohol per 100 milliliters of blood or .08 or more grams of alcohol per 210 liters of breath while operating a motor vehicle.

The penalties for such an offense are serious as well. For a first offense, a convicted defendant faces a fine that ranges from $250 to $500, and the potential for up to six months in prison. For a second offense, the convicted defendant faces fines ranging between $500 and $1,000 as well as up to nine months in prison and the placement of an interlock ignition device on the defendant's car for a period of one year.

If a person is convicted of a third DUI within 10 years of a prior conviction faces a third-degree felony charge, which includes up to one year in prison and two years of placement of an interlock ignition device on the defendant's car at the defendant's sole expense.

Field Sobriety Testing in Florida

Field sobriety testing has come under much controversy all over the United States in recent years, and the issue generally centers on the refusal by the suspect to take part in these field testing procedures. Although many defendants have claimed that these field sobriety tests are unconstitutional, no definitive ruling has been made by the Supreme Court. Therefore, as of now, states have the right to enforce these procedures as they see fit.

Florida is one of the most aggressive states in the country in terms of punishing those suspects who refuse to take part in field sobriety testing. In 2002, the state legislature enacted a provision that charges a defendant with an additional misdemeanor count if he or she refuses field sobriety testing. The text of the statute is below:

"(The defendant)...shall also be told that if he/she refuses to submit to a lawful test of his/her breath and/or urine, and his/her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his/her breath, urine, or blood, he/she commits a misdemeanor in addition to any other penalties."

Suspended License

Like most states, Florida's statutes call for a defendant's driver's license to be suspended in several circumstances that surround a DUI arrest. A suspended license means that a person can not lawfully drive a vehicle, and if that person is found to be driving with a suspended license, a separate criminal charge will be filed. The following represents the usual timeframes for driver's license suspension when a person is involved with a DUI in Florida:

Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.

  • First Conviction: Minimum 180 days revocation, maximum 1 year.
  • Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
  • Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.
  • Fourth Conviction, Regardless of When Prior Convictions Occurred and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
  • DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
  • Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.

Defendants Under 21 - Fines and Penalties

Florida makes it tough for those defendants under the age of 21 who are arrested for any DUI-related offense. Basically, the legal standards for such a charge are lower, and the penalties are generally more severe. Below are excerpts from the Florida administrative suspension statutes relating to those under the age of 21 charged with DUI in Florida:

  • First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months.
  • Second or Subsequent Suspensions: 1 year.
  • First Suspension for Refusal to Submit to Breath Test: 1 year.
  • Second or Subsequent Suspensions for Refusal: 18 months.

The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher, the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible. The fines and other penalties for DUI in Florida for those under 21 are similar to those "adult" defendants over the age limit.

Vehicular Manslaughter Offense in Florida

Vehicular manslaughter is the most serious DUI-related offense in Florida, and it is treated as such in regards to the penalties imposed upon a conviction. The statute and sentencing guidelines are clear, and they are explained below.

Florida statutes provide that any person who is found to be operating a vehicle under the influence and that this operation causes the death of another human being shall be deemed to have committed:

  • A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
  • At the time of the crash, the person knew, or should have known, that the crash occurred; and
  • The person failed to give information and render aid as required by s. 316.062.

A felony in the second degree is punishable by up to 15 years in state prison, and conviction of a felony in the first degree can carry a maximum sentence of up to 30 years in prison or even a life sentence in certain circumstances.

As you will see, these are serious charges, and need to be handled and defended by serious and capable attorneys. If any of these situations apply to you, you need to contact Anabelle Dias P.A. as soon as possible for a consultation. The partners of the firm are available 24 hours per day, and you need to understand that the longer you wait, the worse your situation can get before you get the help that you are entitled to under the Constitution.

Homicide

Unfortunately, Florida is a state with a high homicide rate, and recent statistics have shown that throughout the 21st Century, at least five people per 1,000 citizens are murdered every year. A defendant can be charged with murder as a result of several circumstances, and if a murder is deemed "intentional" or has occurred under "special circumstances," a defendant could face the death penalty.

If you have been charged with any form of homicide, you face the ultimate legal battle, and one that could literally put your life on the line. Therefore, you owe it to yourself and those you love to put forth the strongest defense possible. The last thing you should do is hide in fear and not contact an experienced defense attorney because of limited financial resources. Anabelle Dias P.A. is a firm that will work with you towards putting together an affordable payment plan, and they are available 24 hours per day. You need to contact the firm today to protect your rights.

The following are a few examples of how a homicide-related charge can arise in Florida:

1. Florida Homicide Statutory Definition

The Florida statutes define murder simply, and that definition is: The unlawful killing of a human being when perpetrated from a premeditated design to effect the death of the person killed or any human being.

2. Circumstances in which a Homicide Charge Can Result

There are several other circumstances in which a prosecutor can seek a charge of homicide, and they include:

  • A killing that occurs during the commission of a different felony, including:
  • Drug trafficking
  • Arson
  • Sexual Battery
  • Robbery/Burglary
  • Kidnapping
  • Almost any other serious felony

This is widely known around the country as the "felony murder" doctrine, whereby a felon is held responsible for someone's death, even if it was not intended, as a result of the commission of the underlying felony.

3. Manslaughter Charge in Florida

Manslaughter is a lesser homicide-related charge in Florida, and generally speaking, manslaughter is the charge used by prosecutors when there is a lack of intent on the part of the defendant. Like murder, manslaughter can be a charge that results from several situations, including drunk driving.

However, unlike murder, manslaughter is considered a felony in the second degree, and therefore the penalties involved can not include the death penalty. That notwithstanding, manslaughter can be punished by up to life in prison, and not less than 25 years in prison in most cases.

Regardless of the specifics of your arrest and indictment for any homicide-related issue, the biggest advantage you have is your guaranteed set of Constitutional rights. However, you need an experienced criminal defense attorney to maximize those rights, and that is why you need to contact the attorneys at Anabelle Dias P.A. as soon as possible for a consultation. The firm is available 24 hours per day, and the sooner you get started on asserting your defense, the more likely you will be able to mount a strong defense. Contact the firm today.

Juvenile Delinquency

Florida, like every other state, has two distinct legal systems in place when it comes to dealing with minors as opposed to adults. However, criminal statistics, regardless of the age of those accused, are still disturbing in nature. During the years of 2004 and 2005, over 95,000 youths (those under the age of 18) were referred to the Florida Department of Juvenile Justice. During that same period, almost 9,000 youths were sent to juvenile detention facilities.

If you or your child has been charged with a juvenile offense, you need to understand that this is a highly-technical area of law, and if the defendant is near the age of 18, your first battle may be to keep this issue out of adult court, where the penalties are much more severe. That is why you need to contact the firm of Anabelle Dias & Associates, P.A., as the attorneys at the firm are experienced in handling these types of cases, and they also offer affordable payment plans and 24-hour-per-day availability.

The Florida Juvenile Law System

Many of the offenses for which children and young adults are charged are similar to adult crimes, ranging from traffic misdemeanors to violent felonies. One of the many differences between the juvenile and the adult systems is that the juvenile crime is called an act of delinquency and requires juvenile court intervention to deal with the delinquency. The following crimes are most typical as they related to juveniles in Florida:

  • Assault and Battery
  • Drug Use
  • Drug Trafficking
  • Use of Fake/False Identification
  • Gang-related Activities
  • Sexual Misconduct
  • Theft
  • Vandalism
  • Traffic violations
  • Trespassing
  • Truancy and skipping school
  • Homicide

Although this list represents the most common charges, the crimes listed above are far from an exhaustive set of examples. There are more minor offenses with which a juvenile can be charged, including violation of curfew, general abuse and driving without a license.

Charged or Arrested for Juvenile Delinquency?

Regardless of the charge, the worst thing you or your child can do is nothing. Much like with adult criminal court, the legal situation regarding any charges will only get worse if you do not act now to secure the proper representation to assert your rights. The attorneys at Anabelle Dias & Associates, P.A., will understand your situation, explain your options to you in full, answer your calls any time of day and work with you to manage any legal fees involved. What's most important right now is that you protect your Constitutional rights - contact Anabelle Dias & Associates, P.A. today.

Florida Sex Crimes

Florida sex crimes are extremely prevalent in terms of their sheer numbers within the criminal legal system. Statistics show that on an annual basis, more than 12,000 people are charged with some type of violent sex crime. This statistical trend is steady and disturbing, and the penalties associated with these offenses are severe.

If you have been charged with any sort of sex crime in Florida, the best course of action you can take is to contact the firm of Anabelle Dias & Associates, P.A. immediately. The firm offers student discounts, affordable payment plans and is available for contact 24 hours per day. The attorneys at the firm are also experienced in dealing with these serious matters, which is also crucial in regards to the overall defense you put forth.

Examples of Florida Sex Crime Charges

The following are a few examples of charges that can be brought against a defendant in Florida, and if a defendant is ultimately convicted of any of these charges, specific steps are in place to regulate the convicted defendant after he or she is released from prison.

  • Sexual Battery
  • Child Molestation
  • Rape
  • Internet Sex Offenses
  • Lewd Conduct
  • Possession of Child Pornography
  • Indecent Exposure
  • Failure to Register as a Sex Offender

Post-Release Issues

If you are convicted of a sex crime in Florida, many times you will be required to register with the state and county as a sex offender. This program was designed to protect a convicted defendant's neighbors and local community by providing notice to them that someone who has been convicted of these charges is living amongst them.

As you see above, failure to comply with this registration requirement is a serious crime in the eyes of the law, and you will need experienced legal help in order to maintain full compliance with this requirement. Many times, released sex offenders, aside from the registration requirement, are prevented from any contact with children, are not allowed within a certain distance of schools or day care centers and are generally prevented from being a part of any situation that could involve a risk of another commission of a sex crime.

Overall, whether you have just been charged with a sex crime or you have been convicted of a sex crime and recently released, you need to understand how to proceed, as a simple lack of understanding will not be a viable defense for any violation.

That is why you need to contact the attorneys at Anabelle Dias P.A. immediately for the help you need. The firm will work with you on any payment plans that are necessary, as financial concerns should not be the reason you do not seek the legal help to which you are entitled under the Constitution. Contact the firm today to enforce your rights.

Violation of Probation

Violation of probation (VOP) in Florida is a very serious offense.  By acting contrary to a specific or general condition handed down by a judge at a sentencing or failing to comply with the terms of the probation can result in a revocation of the probation which could result in a number of severe penalties including significant jail time.  It is important to remember that there is no statute of limitations when it comes to the crimes committed during a probation violation in Florida; that is to say the law can prosecute alleged violator at any time after the alleged violation.

If you are concerned about your probation status in any way, the best step you can take is to contact the attorneys at Anabelle Dias & Associates, for a full consultation. The partners of the firm have years of experience in representing clients in relation to probation-related issues, and they are available 24 hours per day. You should also rest assured that the firm is willing to work with you in terms of putting together a manageable payment plan if finances are a concern.

What happens if I violate my probation?

If a person violates their probation they do not have a right to a trial before a jury, and the balance of the burden of proof shifts to be based on a preponderance of evidence.  Unlike other criminal cases where there must be compelling evidence that a person committed a crime, in a VOP hearing prosecuting attorneys only have to prove that a person probably committed a crime.  Furthermore, you can also be compelled to be a witness at your hearing.

Consequences of a violation of probation (VOP) in Florida.

The consequences of a violation of probation (VOP) can vary quite a bit.  If a person is found guilty of a VOP, a number of different things can occur:

  • Extension of probation:  Depending on the nature of the original probation terms and the type of violation a judge can elect to extend probation as they see fit
  • Revocation of probation: A judge can also revoke probation entirely and punish the person in different ways
  • Incarceration: A very common solution probation violation.

What can I do if I violated my probation in Florida?

The attorneys at the firm will help you understand all that is required of you, and the justice system will also be made aware that you've retained an attorney, which means that if there is a question regarding your conditions, the firm will not only be contacted but will also be involved from the start. This will only increase your chances of successfully handling your probation issues quickly and efficiently as possible.

Do not let fear, tight schedules or finances prevent you from protecting your rights and maintaining your freedom. You have been given a chance to show the court system that you can exist as a positive member of society, and you owe it to yourself to make sure that happens. Contact Anabelle Dias & Associates., today with any questions or concerns regarding Florida probation violations or regulations.

Weapons and Guns

Weapons and gun charges in Florida can carry serious consequences, and thousands of people every year are charged with some sort of weapons violation. These violations can vary in their specifics, ranging from such charges as illegally carrying a concealed weapon, failing to register a weapon and illegal weapons possession, among other charges.

If you have been arrested and charged with a weapons violation, the first thing you need to do is contact the attorneys at Anabelle Dias & Associates, P.A., for a full consultation. The firm offers every accommodation possible to its clients, including 24-hour-per-day availability, payment plans that are manageable and even student discounts. You will also get to work with an attorney who has years of experience in dealing with Florida weapons cases, and that experience is invaluable towards your ultimate result.

Below are brief explanations of the two most prevalent problems defendants face in relation to weapons charges in Florida.

Concealed Weapons Charge.

As is the case with almost any other state or jurisdiction, there are specific licensing requirements in place before someone can legally carry a concealed weapon. If a person is not licensed to do so and is found to be carrying a concealed weapon illegally, the consequences for a conviction of this charge can be severe.

Florida Statutes on Gun Laws:

A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable by up to five years in prison.

Generally speaking, a person will be granted a license to carry a concealed weapon if he or she properly applies for it and is shown to have no history of criminal conduct, substance abuse and is otherwise of age and has a valid reason for such a permit.

Weapons Possession

The illegal possession of weapons can be charged in several circumstances, and like any other weapons-related charge, the defendant can face debilitating consequences if convicted. Florida gun laws prevent the following people from possessing firearms:

  • Anyone under 16, unless the gun is not loaded and is at home under parental supervision
  • Anyone convicted of a felony and who has not had his or her civil rights restored
  • Is found to be a drug addict, a vagrant or mentally incompetent
  • Is subject to an active domestic violence injunction or charge

Depending on the particular individual's situation, that person could be charged with either a misdemeanor or a felony for illegal possession. These charges can range from a stiff fine to years in prison, again depending on the factors present.

If this all sounds confusing to you, the best way to avoid unwanted scrutiny and potential legal problems is to contact Anabelle Dias P.A. for a consultation. The attorneys at the firm will help you understand the legalities involved with weapons-related issues, and you owe it to yourself to make sure you are in compliance with the ever-changing gun laws in Florida.

Sealing and Expungements

The law regarding sealing criminal charges continues to change, and the Florida legislature continues to limit what charges may be sealed. In fact, several years ago it was possible to get certain charges sealed that today are prohibited from being sealed. As such, there may be a benefit in acting as soon as you are able, if you are considering sealing or expunging your prior criminal record. Moreover, one is only permitted to do this once in their life and they must not have any prior criminal convictions. Accordingly, it is best to inquire sooner than later because future conduct may prevent one from getting their record sealed or expunged.

FOR MORE INFORMATION VISIT: 
HTTP://WWW.FDLE.STATE.FL.US/CMS/SEAL-AND-EXPUNGE-PROCESS/SEAL-AND-EXPUNGE-HOME.ASPX

If you have any questions regarding possibly sealing or expunging a prior criminal arrest do not wait any longer and call us at (850) 422-3427. We are available 7 days a week. You may also e-mail us at Anabellelaw@gmail.com or fill out our online form. We value your privacy and will keep any information strictly confidential.

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» Step 3 - You will be contacted by phone shortly after submitting your information. An attorney will review your case details with you and walk you through the rest of the legal process.

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