Tampa Misdemeanor Attorney
Speeding ticket fines can slightly vary from county to county, but penalties basically stay the same. The fines are increasingly steep the more you are over the speed limit.
Florida puts a certain number of points on your driving record each time you receive a traffic ticket; points-per-violation range depending on the violation.
Once you get a certain number of points within a specific time period, the state will suspend your license.
If you truly believe you were not speeding and have the time and wherewithal, you should fight the speeding ticket. Cannella Law has been successful in defending Speeding Tickets and getting fines reduced and dismissed.
Marijuana Possession
In Florida, possession of less than 20 grams of cannabis is a first degree misdemeanor, with penalties that include jail, probation, and a driver’s license revocation. Marijuana possession is a highly defendable charge, and an attorney is critical for avoiding the harsh consequences of a conviction.
Actual Possession means that the cannabis is in the hand of the person accused, or is in a container in the hand of a person, or is so close as to be within ready reach, and is under the control of the person accused. Mere proximity to a controlled substance such as cannabis or pot or weed is not sufficient to establish control over the substance when the substance is not in a place over which the person has control.
Constructive Possession means that the controlled substance is in a place over which the defendant has control, or in which the defendant has concealed it.
The first angle of attack in a marijuana possession case is to challenge the legality of the search, detention, or traffic stop that led to the arrest or Notice to Appear. If appropriate in the case, this is done through the filing of a Motion to Suppress Evidence. A Motion to Suppress is a legal challenge to the constitutional validity of a law enforcement officer’s actions. Where police act unlawfully, any evidence they derive as the “fruit” of their illegal actions will be excluded from evidence under the Fourth Amendment “exclusionary rule.”
If you have a Constructive possession case, meaning the contraband was NOT found on your person you may have a very defensible case. Call Norman Cannella, Jr. for a free consultation to learn all of your legal rights.
Petit Theft
In the state of Florida, a person commits theft by taking or using someone else’s property while having the requsite criminal intent. Specifically, Florida law states that a person commits theft when “he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
• deprive the other person of a right to the property or a benefit from the property, or
• appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.” (Fla. Stat. Ann. § 812.014.)
An offense that would ordinarily be classified as petit theft in Florida will be bumped up to a first degree misdemeanor if the offender has previously been convicted of any theft offense. Likewise, two or more previous theft convictions will bump a petit theft offense up to a felony of the third degree.
Possession of Drug Paraphernalia
The crime of Possession of Drug Paraphernalia is committed if a person possesses any item that is found to be “Drug Paraphernalia.”
Drug Paraphernalia is defined as:
• Any equipment, product, or material that is;
• Used, intended to be used, or designed to be used;
• In the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body;
• Of an illegal or controlled substance.
If the drug paraphernalia was found in a place where more than one person had access, the prosecutor would have to comply with the law of constructive possession, which requires the prosecutor to prove the following two elements before you can be convicted of Possession of Drug Paraphernalia.
- The accused had knowledge of the drug paraphernalia, and
- The accused had dominion and control over the drug paraphernalia.
If you have a constructive possession case, meaning the drug paraphernalia was not found on your person and is found in an area occupied by at least one other person you should call defense attorney Norman Cannella Jr. before pleading guilty or no contest to a constructive possession case.
Battery & Domestic Violence
Florida law defines battery as an intentional touching against the will of another person. Battery can be charged as a misdemeanor or a felony, depending on the level of alleged injury. At the law firm of criminal defense attorney Norman Canella, Jr., we have the skill and the experience needed to handle charges related to battery-domestic violence, sexual battery, aggravated battery, aggravated battery with a deadly weapon, and aggravated battery with a firearm.
Effective defense in battery cases rests on an evaluation of the circumstances surrounding the accusations. Often, these cases rely more on witness accusations rather than actual physical evidence. Some police investigators simply chose to believe the accuser rather than take the time needed to uncover physical evidence that may undermine the allegations.
Cannella Criminal Law examines all the possible motives for the battery arrest. Was there a break-up or divorce pending? What is the extent of the alleged injuries? Are the injuries legitimate, self-inflicted, or sustained prior to the alleged incident?
If an injunction is involved, does the “story” in the injunction match up with the “story” told to law enforcement on the arrest date? A person arrested for domestic violence may still be immune from prosecution under Florida’s Stand Your Ground statute.
Obstructing an Officer without violence
In Florida, Resisting an Officer Without Violence is any non-violent obstruction of a law enforcement officer during the execution of a legal duty, including arrest. Resisting Without Violence is a first-degree misdemeanor, with penalties of up to 1 year in jail or 12 months probation, and a $1,000 fine.
These penalties represent the statutory maximum that is available for the charge and does not reflect the likely sentence that will be imposed in the vast majority of cases.
For many first-time offenders, a conviction for Resisting Without Violence will result in a permanent criminal record, and a likely term of probation. The probation sentence, if imposed, will typically range from 6 to 12 months. If there are aggravating circumstances in the case, including highly disrespectful conduct or conduct that endangers the safety of police or the general public, it is not at all uncommon for prosecutors to seek jail, even for first-time offenders.
Possession of Alcohol by anyone under 21
State laws punish both the provider of the alcohol and the minor who has intentionally obtained it.
Penalties for Minors
Minors who break the law may be charged with criminal offenses, and if convicted, face jail sentences, fines, diversion programs (supervised counseling, which often results in dropped charges if the minor participates successfully in the program), and sentences such as a number of hours of community service.
Penalties for Providers
Vendors who sell or give alcohol to minors may be violating state and/or local criminal law, as well as state administrative codes. Criminal penalties may include fines and jail time. Administrative consequences can include license revocations, fines, suspensions of the right to sell or serve alcohol, or the revocation of alcohol licenses. In states that prohibit private consumption, hosts of private parties may face jail or fines.
Solicitation Cases
Simply “soliciting” (asking) a person to engage in prostitution is an unlawful act. This is known as Solicitation of Prostitution and constitutes a criminal offense. Under Florida Statute 796.07(2)(i), the actual exchange of money for sex is not necessary to secure a conviction for solicitation. Nor is it required that a sexual act be performed. In fact, the mere offer of money in exchange for “the giving or receiving of the body for sexual activity” will subject a person to criminal liability.
For this reason, the crime of “Solicitation of Prostitution” is one of those relatively rare examples of a crime that can be committed by words alone.
Solicitation to commit prostitution is a very serious offense. For your first offense, it is a second-degree misdemeanor and 60 days in county jail.
Your second offense is a first-degree misdemeanor punishable by a $1,000 fine and a year in jail.
Your third offense is a third-degree felony punishable by a $5,000 fine and 5 years in prison.
Also, anyone who pleads guilty or no contest or is found guilty of solicitation of prostitution must pay a $5,000 civil penalty, this in addition to fines and court costs. The person must also be screened for sexually transmitted diseases at their own costs. DO NOT GO TO COURT ON A SOLICITATION CHARGE with talking to an experienced criminal defense attorney.
In addition to the significant stigma attached to this offense, many people find that the penalties they face upon conviction are both embarrassing and finacially burdensome.