West Palm Beach Dui Lawyer – If you or a loved one is charged with elder fraud or investigated for elder fraud in Palm Beach County, our law firm can help. The Law Offices of Matthew Konecky can fight white collar crime in Palm Beach County including Palm Beach Gardens, West Palm Beach, Wellington, Boca Raton, Jupiter, Boynton Beach, Delray Beach, Loxahatchee, Royal Palm Beach, Riviera Beach, Lake Worth, Greenacres , and all of Broward County.
Elder neglect, abuse, and financial abuse are on the rise in South Florida nursing homes, senior care facilities, and among home care providers, which is why we are dedicated to preserving and protecting the rights of Our clients’ personality includes our legal expertise. to defend against such cases involving elder abuse in West Palm Beach, FL. Authorities in South Florida are aggressive in their pursuit of anyone suspected of preying on vulnerable adults and the Law Office of Matthew Konecky can help you if you or a loved one is confronted. such charges. Our experienced elder abuse attorney represents clients accused of crimes against the elderly and disabled, such as assault, battery, neglect, theft and fraud.
West Palm Beach Dui Lawyer
Most allegations of elder abuse involve disagreements between family members or guardians about how to manage the elderly person’s income, bank accounts and other assets.
State Criminal Defense
Florida Statute 825.103, called “exploitation of an elderly or disabled adult,” makes it easier for prosecutors to identify those who prey on the elderly and increases the penalties that can be imposed after conviction.
Elder abuse and neglect is a serious crime in Florida. If there is no physical harm to the victim, the crime is classified as a felony of the third degree. If the victim has suffered physical injury or permanent damage, the crime is classified as a first degree felony.
If you intend to steal from an elderly or disabled adult, or if you are in a position of trust where you have access to the property, you will be guilty of a felony of the third degree. In general, most elder abuse claims in Florida involve fraud or abuse.
If the property taken is worth $10,000 or more but less than $50,000, the crime is a felony of the second degree punishable by up to 15 years in prison and a $10,000 fine. If the property is valued at less than $10,000, the offense is classified. as a felony of the third degree, punishable by five years in prison and a fine of $5,000.
Kelly V. Landers, P.a., Criminal Defense Attorney West Palm Beachkelly V. Landers, P.a. Criminal Law
Being a criminal is a bad thing. An elder abuse conviction can put your image at risk, especially if you work as a carer. If you or a loved one is a caregiver for an elderly person and you have been accused of or are being investigated for elder abuse, contact us today for a case evaluation. In many circumstances, our white collar criminal defense attorney may be able to get the charges dropped or reduced. Contact our office or call us at (561) 671-5995 to review your case today. West Palm Beach is known for providing tourists and residents with great beaches, restaurants, shopping and nightlife. Many people like to go out to the City Center, Clematis, Kravis Center and the Norton Museum of Art. With so much nightlife and entertainment, there are many DUI arrests in West Palm Beach.
If you are arrested in West Palm Beach for DUI, your case will go before one of the West Palm Beach County magistrates. There are several judges in the county court division and each case is assigned a prosecutor. Our DUI attorney will find the weak points in your DUI case to help you get the best possible outcome.
A first DUI in West Palm Beach can be charged as a misdemeanor or a felony. DUI is a misdemeanor as long as no one is seriously injured in the accident. A misdemeanor DUI is punishable by up to six months in county jail if the breath test or blood results show a blood alcohol level of less than .15. A misdemeanor DUI is punishable by up to nine months in county jail if the test shows a blood alcohol level of .15 or higher. A first DUI is punishable by one year in county jail if there is an accident. DUI is a third offense DUI, punishable by up to five years in prison if an accident occurs, and someone is seriously injured.
It is possible that a West Palm Beach DUI was committed in one of these ways. As local residents, we know the speed limits on the roads can be critical to your DUI stop. Traffic violations require probable cause for the police to stop you. Have you been pulled over for speeding, or for failure to maintain a lane? It is possible to deal with these types of levels, which leads to the elimination of your two cases.
Tractor Trailer And Truck Accident Lawyers In West Palm Beach
Our DUI defense strategy involves finding and exploiting weaknesses in the prosecution’s case against you. We want to know why the police arrested you. Many times the police stop the driver without valid reason. The police must have probable cause that you have committed a traffic violation to stop you, or reasonable suspicion of DUI. The police need a reason to stop. Regardless, every DUI case can be dismissed.
Florida law requires that a second DUI offender be sentenced to at least ten days in jail if the second DUI arrest occurs within 5 years of the first DUI conviction. If this is your second DUI offense, you should talk to a DUI attorney. In addition, you will receive a five-year driver’s license suspension.
Unfortunately, Miranda only applies to statements made by a suspect as a result of a “custodial request.” These are statements designed to produce a negative response while an accused believes that he is not free to leave police custody. For example, a person in the back of a police car on their way to jail is an example of someone in police custody. A police officer who asks the suspect if he has been drinking while driving, asks the suspect because the question is designed to provoke rude behavior.
However, in the case of DUI cases, most of the time the prosecutors do not need a statement from the defendant to prove his case.
Ron D. Herman West Palm Beach Criminal Defense Attorney
Just because you are on a .08, the legal limit in Florida, does not mean you will be convicted of DUI. There are several ways we can attack a DUI case to either reduce it to reckless driving or possibly have the charge dismissed. The police must follow proper legal procedures to use evidence against you. In some DUI cases, the police violate the suspect’s Fourth Amendment rights by stopping the vehicle without probable cause. Such a violation may render any evidence obtained by the police inadmissible. The police must also observe a twenty-minute time limit before performing a breathalyzer test. If the police have not done the mandatory observation period, the results of the breathalyzer test may be invalid.
In most cases, if you fail the breathalyzer test, your license will be suspended for one year for the first breathalyzer refusal. If you have a previous DUI breathalyzer refusal, your license will be suspended for 18 months by the DMV. However, refusing to take a breath test makes it very difficult for the prosecution to prove that you were driving under the influence. This is because the prosecutor will not be able to tell the jury that you have exceeded the legal limit. Instead, he or she will have to prove beyond a reasonable doubt to a jury that your formal education is weak. It is more difficult to convince a jury that someone’s senses are impaired compared to showing repeated evidence of intoxication, a breathalyzer reading of .08 or higher.
It is much easier to get a DUI reduced to reckless driving if a person does not take a breath test than if they give a breathalyzer reading that measures .08 or higher.
Every case is different, and not every case boils down to reckless driving. A prosecutor will consider the driver’s criminal history and whether there are any aggravating factors in the case when you negotiate with the DUI in the week’s attorney for reduction to DUI. For more information on the “cold reckless” plea deal, read our blog post on how to reduce a DUI to reckless driving.
Dui Defense Lawyers Get Driving Under The Influence Charge Reduced To Reckless Driving In West Palm Beach, Florida
I was sleeping in my car in West Palm Beach when the police came, can I get a DUI?
Florida law states that people can be arrested for DUI if they are in “good physical control of the vehicle.” Current physical control may mean that the person falls asleep
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