FAQS

Does sexual generally involve the use of a weapon?

No. Most sexual assaults are committed without using any kind of weapon. Very few are committed using a firearm since most sexual assaults are committed by someone we know, not a stranger.

What can happen if I am driving with a suspended license Florida?

If you are caught driving with a suspended license in Miami you will be subject to a maximum of 60 days in prison and a $500 fine; depending on how serious the violation was. The first two times this happens it is classified as a misdemeanor; however, the third time and after it is classified as a felony and the punishment is harsher (up to 5 years in prison and up to $5000 in fines)

How long does a drivers license suspension last?

Once an individual has had 3 or more convictions within 5 years, he/she is considered a habitual offender and will lose their license for 5 years.

How can I get a restricted license?

The state of Florida offers a conditional license, also known as hardship license. This type of license will allow you to drive to work and run necessary errands during the allowed time of the day. There are several steps to get this kind of license. You will need to petition the court in Florida for this license and complete any requirements set by the court, including driving courses, DUI classes, and so on.

I've received a letter from Tallahassee; what do I do?

Most likely if you receive a letter from Tallahassee it will contain information explaining how to resolve your suspension or letting you know that your license will be suspended on a given date. In some cases, if you had an accident you might get a letter saying that you must take a traffic collision course. You should follow any directions provided in the letter in addition to contacting a good traffic lawyer to ensure you regain your driving privileges as soon as possible.

Where can I reinstate my driver license?

If you had a license suspension due to non-compliance with a traffic citation in Miami, once you have complied with the citation you may visit any Florida Department of Highway Safety and Motor Vehicle Miami Dade County's Clerk Office locations to get it reinstated. If you have any questions regarding your case you can contact our attorneys at Gallardo Law Firm and they will assist you.

Where can I request a hardship driver license?

To request a hardship license you can go personally to the Florida Department of Highway Safety & Motor Vehicles to obtain more information and you should also contact an attorney to assist you in requesting it. Here at Gallardo we have experience obtaining this type of license for our clients.

Are the police legally allowed to search my car?

A number of conditions have to be met in order for them to do so. A valid reason or your permission is needed; however, cars dont have as many protections against search as, for example, a home. A good example of this is when the police stop you for a routine traffic offense and the officer asks your permission to search in your car. You dont have to consent and clearly but respectfully tell them so. When you give them permission, the results of the search can be used in court. Nevertheless, if you are asked to step out of the car, you and the passengers need to do so.

Does federal law prohibit distracted driving?

Using cell phones while driving is forbidden by federal law and this is valid for all commercial drivers. However, in Florida the texting law is considered a secondary law, which means you can only be issued a ticket if there is some other violation with it such as running a red light while texting, etc. This violation is punished as a non-moving violation yet the driver will be penalized six points if a crash occurs.

Is There a Grand Jury Hearing for All Criminal Cases?

No, Many jurisdictions use other ways, even a preliminary hearing instead of a Grand Jury hearing.

Who can be present while the Grand Jury is in session?

The following persons may be present:

• attorneys for the government, the witness being questioned, interpreters if needed, and a court reporter or an operator of a recording device.

Who can be at the time the deliberation and voting takes place?

Only the jurors, and any interpreter assisting a hearing-impaired or speech-impaired juror.

Are Grand Jury proceedings open to the public?

No. Only authorized individuals can be present since the grand jury proceedings are secret.

Can a witness be represented by a lawyer in the grand jury for some exceptional circumstance?

In the federal system, a lawyer cannot be present in the grand jury room for any reason, although it is possible to interrupt his declaration and abandon the grand jury room to consult with the lawyer. Few states allow an attorney to be with the witness; some allow counsel to advise his client, others simply allow the lawyer observing the proceedings.

What requirements must a person have to serve on the grand jury?

Be 18 years Be a U.S. citizen Have lived in a judicial district for one year Must be able to speak, read and write English well enough to complete a questionnaire Do not present any physical or mental illness that impairs participation in the jury It may not have been convicted of serious crimes or have pending felony charges

What are the rights of the Fifth Amendment?

The grand jury is consecrated in the Federal U.S. within the Fifth Amendment of the Constitution. It is part of our Bill of Rights which states that no individual will be held to answer for a capital crime except that indicted by a grand jury, no one will be subject for the same offense twice, and no one may be forced to incriminate itself in any criminal case or forbid of freedom or property without the correct process of law. In addition, any person will take private property for public use without just compensation.

How to file a claim in small claims court?

A claim up to five thousand dollars excluding charges, interest and attorney fees may be filed with the Clerks Office of Miami -Dade. The claims are going to be presented as a small claim under section 7.010 of the Rules of Court of the Florida Statutes. Once you or your attorneys decide to file suit, it cannot proceed until the defendant has been served. Make sure that in the claim is writing the full name of the person you want to sue and the address where that person is living. You have to do this to not run the risk to lose the document and the defendant would not be notified.

What are the benefits of appeal for relief Act (PCRA)?

This law brings as benefit if after hearing the arguments and analysis of your case the rules of the court decides to grant relief to the person who was convicted , the sentence will automatically be officially removed from your record. If the person is in jail he will be released in this moment. If you paid any fine money, it will be refunded. Once the conviction will be removed from his record, the ex-convicted could be continuing with his normal life. The person can be able to get a job, get some professional license or acquire custody of children.

Can a victim of crime attends the oral argument in the Court of Appeal and makes a statement?

Oral arguments are open to the public, so you can attend. If you want to participate in the argument and filled a written request you will be notified with time, about the date and the place of the discussion to keep you informed of the case. Statements by persons who are not lawyers and judges in the case are not allowed in the oral argument.

Can the State be present if the defendant wins at trial?

Usually, no. If the court makes the sentences and don't finds the defendant guilty when the trial was finished, the defendant has as resource the Constitution to prevent the state looking for an appeal. The State may appeal in other specific situations, as when a court gives the opportunity to the defendant can suppress evidence with a motion, or when a court finds that the defendant isn't qualified to stand trial, or when the court issues an acquittal's judgment before the end of trial or after the jury finds the defendant guilty.

What is the different between a legal assistant and an attorney?

Any Post-conviction and civil case are reviewed by an attorney. However, in many cases, the attorney has legal assistants who help him with some cases. Legal assistant performs some preliminary research and searches of the files. Attorneys supervise the legal assistant work all time. The final decisions are taking by the attorney.

What is the difference between a civil case and a case post-conviction case?

Post-Conviction cases are going to refer to the criminal offense and the sentence that provoked the internal was send to prison or jail. Civilian cases are going to refer to what really happens to the internal while it would be under custody of the Correction's Department or country jail. Sometimes the prisoner has both problems (post-conviction and civil), so it would open two files:

• one for the attorney who will take charge of the civil action, and the other one for the attorney who will take charge of the post-conviction request.

Can a second motion be filed after denied the first motion?

Yes, it can be possible but in very limited circumstances. The appellate court must certify that the motions enclose important fact like:

• Newly discovered evidence. These evidences must be clear and persuasive to demonstrate the innocence of the arrested. Any new regulation of constitutional law, which has been prepared retrospective to cases by the Supreme Court that was previously denied.

Is a mitigating factor the same as an aggravating factor?

In order to establish an exact expression, courts examine the circumstances of the crime in order to determine the appropriate sanction. These circumstances are divided into two categories, aggravating and mitigating factors. Aggravating factors are the facts about the crime the defendant or the victim and tend to cause the most serious offense and generally deserve a tougher sentence. Courts take into consideration aggravating factors such as the viciousness of a crime while mitigating factors tend to reduce sentences. They show that the defendant poses a lower risk to society, so a long sentence is unnecessary. Mitigating factors include the lack of criminal record and acceptance of responsibility for the crime charged.

What is the difference between first and second degree murder?

The criminal act for both offenses is the same:

• the death of another person. The main difference between them is the mental state of the person committing the crime. First degree murder is premeditated murder. In other words, the murderer thinks out a plan to kill another person and then performs the act. In a second degree murder there is no plan made in advance.

What are the elements of manslaughter?

The main elements for an involuntary manslaughter conviction are:

• the killing is a result of an action taken by the defendant, such act was not necessarily dangerous or was made with lack of concern for human life, and the defendant should have known or was aware that his/her acts represented a threat to another person(s) life.

What are the basic elements of a first-degree murder?

Elements of a first-degree murder. Intent Deliberation and premeditation Premeditation aforethought

Why Is Drug Trafficking Considered A Crime In Miami?

Despite the fact that marijuana is legalized in the states of California and Colorado and is considered as a type of drug that is medicinal, in the state of Florida, marijuana is still considered an illegal drug That being said, the trafficking and consumption of drugs are punishable as drug crimes.

What Is Drug Trafficking?

It is the creation and distribution of illegal drugs.

What Is A Drug Crime?

Drug crimes happen when one of these four facts are present:

• possession, distribution, use and/or manufacture of illegal drugs.