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The Law Office of Jerry Jenkins

What To Do If You're Arrested For DUI in Florida

Many people drink and drive, but no one plans on getting a DUI. It is a serious charge, one that typically entails costly and lengthy repercussions. Whatever the reasons that led you to drink and drive, if you’ve been arrested for a DUI most likely you are wondering what to do next.

Contacting a Florida DUI attorney should be your top priority

The consequences of a DUI differ by state, but all of them have the potential to wreak havoc on your finances and quality of life. First time DUI offenders in Florida can face months in jail, license suspension and thousands of dollars in fines and administrative fees. For multiple offenders, the consequences are even more intimidating.

If you’ve been arrested for a DUI, you should immediately contact an experienced DUI attorney. The Law Office of Jerry Jenkins offers free case evaluations, so there is no reason not to contact us. Jerry is an expert in DUI defense, and will be able to tell you more about what kind of outcome you can expect in your case.

How an Orlando DUI Lawyer will help you

DUI lawyers will assess your case and examine the field of possible consequences, helping to guide you down a path that will reduce damages to your life and livelihood. A qualified DUI lawyer can help determine whether your case would be eligible for community service or some sort of plea bargain, significantly reducing the punishments.

On top of the court proceedings, dealing with the Florida motor vehicle department can be a tiresome, frustrating and time-consuming task. A DUI lawyer can help to navigate this process, making calls, completing forms and appearing on your behalf.

Above all, a lawyer is someone you most likely are not: a DUI expert. Familiarity with court proceedings, knowing how to handle judges and prosecutors and equipped with an intimate knowledge of DUI law, an experienced attorney can provide great support, not to mention results, throughout this taxing process.

Drinking and driving is never a good idea. It can put you and others in danger, and lead to serious and costly legal repercussions. The safest way to avoid a DUI is to not drink and drive.

However, if you have been arrested for a DUI, you owe it to yourself to contact a qualified Orlando DUI Lawyer. Contact the Law Offices of Jerry Jenkins now to get help with your case.

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Expungements in Florida

Orlando Expungement Lawyer


Is your past haunting your present? Maybe you are trying to apply to a professional school, or want to interview for specific job but a misdemeanor, or other blemish, from years ago is preventing you. Maybe you’re just tired of the fact that your record is publicly available, and anyone who wanted to could look up your past mistakes.

In Florida, after expunging or sealing your record, your information will no longer be publicly available. This means that the public is no longer able to gain access to your record, and the government is prohibited from giving out the information. This can prove a great relief when you are trying to get a new apartment, job or qualification, or just want to erase something embarrassing.

You may be interested in expunging your record if:
  • >You’ve been arrested once or more
  • The public record reflects your arrest(s)

Two methods of erasing the arrests on your record are sealing and expungement.

Sealing
In Florida, it is possible to be found guilty of a crime but not convicted. If this has happened to you then you would seek to seal your public record, meaning government agencies may keep a copy of your record on file, but must make access to those records confidential and not available to the public in any form.

Expungement
Expunging a record differs from sealing in that it requires government agencies to destroy their files (digital included). Fingerprint and DNA evidence is not included in this destruction.

If the state has received an arrest report but did not file charges, charged you and later dropped the charges, or the court dismissed your case, then you qualify to expunge your record.

What’s the difference?
For the most part, sealing or expunging your record provides the same outcome. Although government agencies retain a copy of your files when the record is sealed, they are restricted from giving out the information, including the digital files. In both cases, the public will be unable to view your record.

It is important to keep in mind when attempting to seal or expunge your record that if you have ever been convicted of any crime, Florida prohibits you from sealing or expunging your record.

You need an Orlando Expungement Lawyer
If you are seeking to expunge or seal your record, Jerry Jenkins is an experienced expungement lawyer in Orlando, Florida. He knows the process for getting your past mistakes taken off the public record, allowing you to get on with your future.

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Orlando FL DUI Lawyer

Drinking and driving is something that can lead to serious consequences and should be avoided at all costs. However, it is a fairly common occurrence. Being pulled over for a DUI offense can be a frightening, harrowing experience.

A DUI traffic stop involves several different things. First, the officer will speak with you and observe your behavior to help him/her determine if you have been drinking. The officer may ask you for a field sobriety test, involving a series of physical tasks designed to challenge your motor skills. An additional blood, breath or urine test may also be asked.

The legal blood alcohol limit for driving in Florida is .08. Many people involved in a DUI traffic stop wonder if they can refuse the breathalyzer test (or blood or urine test).

Can I refuse a DUI breathalyzer test in Florida?

Florida has a law known as “implied consent” that basically states that if you have been stopped by an officer, you implicitly agree to take part in a breathalyzer test to determine your blood alcohol level. You are able to refuse a breath, blood or urine test. However, because of the “implied consent” law, refusing to take the test means you will incur other penalties.

What happens when I refuse the test?

If you choose not to submit to a breath, blood or urine test, there are a number of different possible outcomes.

First, just because you have refused a test does not mean you won’t be arrested for a DUI. The blood alcohol levels of a test are used in court proceedings to prove you were driving over the legal limit. If you refuse to take the test the officer or prosecution may not have a definite alcohol level on record for you, but they will likely use your refusal as a way to try and convince the judge or jury that the reason for your refusal was that you knew you were intoxicated past the legal limit.

If it is your first DUI offense and you refuse the test, you may avoid criminal charges but your license is likely to be suspended for a year. Refusing a test for a second offense, and any after, will incur a license suspension for over a year, and you will be charged with a misdemeanor.

What to do if you’ve been arrested for a DUI

If you have been arrested for a DUI, whether or not you have refused a test, it is in your best interest to contact a Florida DUI Lawyer. Jerry Jenkins is an experienced Orlando DUI Lawyer and will help you with your DUI case.

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Five Drug Crime Terms You Need to Know - Drug Crime Attorney Orlando FL

In the state of Florida, a drug crime can land you a prison sentence of anywhere between 2 to 25 years. Your prison sentence depends on the drug charge and the severity of the drug crime. There are different types of drug crimes and in order to fully comprehend each charge, it’s important to know the legal definition of these charges. Below are five drug crime terms you need to know by our Drug crime attorney in Florida.

Possession – Probably the most well-known drug crime term. Possession is self-explanatory and refers to the possession of a controlled substance. Possession falls under three categories:
  • Actual: Drugs are found on the person
  • Constructive: Drugs aren’t found on the person, but possession is still possible since defendant had drug access.
  • Simple: Small amount of drugs found on the person.
Controlled Substance – A substance that is governed by law in regards to use and distribution. It is a drug that shows the potential for abuse and dependency to those who take it. A controlled substance includes both legal and illegal drugs like steroids, marijuana, and some prescription medicine.

Manufacturing – Like possession, manufacturing is also self-explanatory. It is defined as the manufacturing and cultivation of a drug by federal and state drug laws.

Trafficking – Drug trafficking is the illegal sale/distribution of a drug across state lines.

Distribution – The illegal sale or delivery of a drug.

Drug crimes are serious and life changing. Florida’s war on drugs is active and will continue to grow. All it takes is a few handfuls of pills to reach the necessary weight associated with trafficking and sooner or later you’ll find yourself behind bars. You can find the minimum mandatory sentencing in Florida by clicking here.

If you’ve been charged with a drug crime in Florida, you should contact a drug crime attorney in Florida to help you with your case. The law office of Jerry Jenkins is available for a free case evaluation. Jerry will take the time to advise you on the consequences that will come with your drug charge and will let you know of any legal issues with the case.

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Overview of Criminal Appeals – Orlando Criminal Appeals Attorney

After you’ve been convicted of a crime, you may have the option of appealing your case to a higher court. Criminal appeals are different from trials. In a criminal appeal, the higher court will review certain facets of your case for any legal error that was made during trial on part of the smaller court. The legal error must have been significant enough in order to warrant a review. In order to appeal your case, you must fulfill two requirements:

1)Evidence does not support the verdict
2)The lower court made a plain error

During an appeal, the appellant argues over the mistakes made during trial which ultimately affected the jury’s decision and the sentence imposed. It’s important to remember that an appeal does not mean an opportunity to provide new evidence. The court will review the case by looking at the records (i.e. transcripts, documents, etc.) and proceedings provided by the lower court and will not bother to look at any new evidence that may pop up in the case. Appeals differ from trials. Criminal appeals primarily focus on the facts of the case presented at trial. Criminal appeals don’t try to challenge the trial verdict, instead they challenge the sentencing.

In order to make a decision on the appeal, the appellate court will consult the record and briefs written by both sides stating their case.

If you’ve been convicted of a crime and would like to file an appeal in Orlando, contact the Orlando criminal appeals attorneys at the law offices of Jerry Jenkins. The law office will study your case and provide you with the advice you seek in order to let you know whether or not the court’s ruling will allow for a criminal appeal.

It’s important to remember that there is a deadline for filing an appeal which is typically thirty days from a final judgment. This provides enough time for a criminal appeals attorney to review the case and provide advice on whether you should pursue an appeal. In order to learn more about criminal appeals, contact our Orlando Criminal appeals attorney for more information.

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