Probation is a court-ordered supervisory condition for persons convicted of a misdemeanor or a felony.  A court will impose probation either in lieu of a jail sentence or after a person has served a portion of their time in jail or prison. Depending on the type of probation, a defendant may or may not have to report to a probation or parole officer or a community supervisory officer on a regular or in-person basis. Florida considers probation as a means of rehabilitation but also as a way to protect the community by imposing certain restrictions on the individual’s freedoms. It affords...

In Florida, as in every other state in the U.S., no one under the age of 21 may possess an alcoholic beverage subject to a few exceptions such as for religious, medical or educational purposes. Some states do allow underage drinking and possession in private clubs or establishments. In Florida, a minor, or person under the age of 21, may not possess alcohol subject to two limited exceptions. The offense is also referred to as Minor in Possession or MIP. For persons who are at least 18 years of age, they may possess alcohol if employed in the sale, preparation and/or service of alcoholic beverages....

All motorists know, or should know, their obligations when involved in an accident. These duties are uniform throughout the country with some few differences and subtleties of which many motorists may not be aware, some of which depend on whether the accident was property damage only or involved injuries. The penalties for not fulfilling these obligations also depend on whether the accident involved injuries or death or was property damage only. Motorists fail to remain at the scene of an accident for various reasons. If a driver caused an accident by erratic driving that caused another vehicle...

Should you, a friend or a relative be placed under arrest and jailed, bail is typically imposed according to a standard schedule for certain crimes. Under Florida law, you must appear before a judge or magistrate within 24-hours who will in most cases either review and confirm the bail amount if set, set no bail if you committed a non-bondable offense such as homicide or a crime of domestic violence, or release you on your own recognizance (ROR) and without bail. After you are taken to a jail or detention center, you are allowed to contact an attorney. Your lawyer may be able to arrange for...

A criminal conviction carries a stigma but also presents numerous obstacles to anyone seeking to live a normal and productive life. Felony convictions pose especially difficult impediments since you lose certain rights or privileges accorded without any criminal convictions including your 2nd Amendment right to own and possess firearms or to hold public office. Expungement An expungement is the purging of certain criminal arrest records. In Florida, you are only allowed to expunge a record of your criminal proceeding if the charges were dismissed before trial or you were acquitted of the offense...

The U.S. incarcerates more people per capita than any other western nation and is third in the world behind China and North Korea, countries known for their human rights abuses. It stands to reason that the U.S. also convicts more people for various crimes. It is also the nature of our criminal justice system that those persons with criminal convictions face numerous obstacles in finding suitable employment or housing, and in other areas of normal life. Anyone who has been charged with a criminal offense should retain an experienced criminal lawyer and be cognizant of the consequences of a criminal...

To conceal something is to hide it from the ordinary sight or view of another person. This applies to carrying a concealed firearm on your person, which is illegal under 790.001 of the Florida Statutes, unless you have a valid Concealed Weapons Permit (CWP). This includes carrying it in your shirt or pocket or jacket where another person may not ordinarily see it. You may, however, carry a firearm, concealed or not, in your home or place of business. A firearm, for purposes of the Florida statute, is: Any weapon that may be readily converted To expel by an explosive charge A bullet or projectile This...

Mischief conjures images of adolescents or teens defacing car windows with soap, or throwing toilet paper over stretches of trees in a park or on school property during Halloween. Criminal mischief, however, consists of acts of vandalism that damages private and public property and includes the placement of graffiti, despite some graffiti that many consider true artistic accomplishments. All criminal offenses consist of elements, or certain acts, that must be proved by the prosecution or state by the standard of beyond a reasonable doubt. Criminal mischief is found under 806.13 of the Florida...

A felony is distinguished from a misdemeanor by the potential of how much time you may be incarcerated. If your criminal violation is punishable by up to one year in jail, then it is a misdemeanor. Felonies are any crime for which you can be sentenced to more than one year in jail or state prison. Florida has five basic classifications for felonies, ranging from third degree to capital felony. Any felony conviction carries substantial consequences for the offender including the loss of freedom for decades or life in some cases. Convicted felons often experience considerable difficulties in finding...

Misdemeanor offenses are less serious than felonies and usually include non-violent offenses and various traffic offenses. They are distinguished from felonies in that the maximum time you can be incarcerated is one year in county jail. Florida has two classifications of misdemeanors, first and second degree. Although not felonies, misdemeanors are still criminal violations and carry additional consequences for those who are convicted. For example, a DUI conviction usually means loss of your driving privileges for several months on a first offense which is increased substantially with multiple...