Happy 4/20 Tampa!

In March, Mayor Bob Buckhorn signed a measure into law that prevents people found with small amounts of marijuana, specifically 20 grams or less, from being put in jail. Instead, those found with these amounts will pay a citation, similar to getting a traffic ticket.

 

 

First time offenders pay a $75 ticket, second time offenders will be squeezed to the tune of $150. For third time offenders, a fine of $300, and for four or more times, $450. How much is 20 grams? Roughly three-quarters of an ounce, of marijuana.

This picture was so funny I had to share, but happy 4/20! Blaze responsibility!

Immigration: The Form I-485 Green Card Application

Applying for a green card (permanent residence) from within the United States, by filling out Form I-485 is a process called 'adjustment of status.' In a perfect scenario, your application will be accepted, you will receive a biometrics appointment to submit fingerprints, and shortly after, you will have an interview where your green card (granting permanent residence) is approved on the spot! Unfortunately, things don’t always go this way.

 

A green card may be denied for various reasons. Some examples are drug abuse, failure to get vaccinations, criminal background, lack of immigration status due to illegal entry, or missing  appointments with USCIS. If you make mistakes while filling out your I-485 form, USCIS is unlikely to issue a denial without giving you an opportunity to make corrections. However, mistakes will undoubtedly make the process longer and more difficult than it needs to be. 

Here’s a plan for filling out the application.

1. Make sure you qualify at the time of filing. The USCIS website has resources regarding all the steps applicable to your situation whether your sponsorship is by marriage, employment etc
2. Read the Form I-485 instructions before filling out your application. Pay attention to details like what color ink is allowed or the placing of the picture you must submit. Also, make a note of any questions you need to find the answer to, such ask questions about your parents. Get the answers before filling out the application.
3. Make a list of the supporting documents you will submit. Try to gather them first as this step may take some time.
4. Fill out the application with the instructions at hand. If you are confused by a question after reading the instructions, call USCIS or a lawyer. Sign the application only after all the answers are complete.
5. Make a complete copy of your application and supporting documents for your own records.
6. Ensure that you are sending it to the correct processing center by using the table provided by USCIS. Also ensure all the contents are inside before sealing the envelope.

Sometimes, even after taking great care to submit a complete and correct application, people make mistakes. If USCIS requests additional information or documents. Be sure to respond promptly. However, if your application is denied. Your best bet is to hire a lawyer. Call 813-815-0291 to talk to a professional to help you through the process.

Cannabis/ Marijuana and Paraphernilia Possession

Despite the nationwide trend to decriminalize the possession of marijuana, Florida still has some of the toughest possession laws in the country. In Florida, marijuana is classified as a Schedule I controlled substance and there is no accepted medical use. The seriousness of charge you face depends on the amount of marijuana you are accused of possessing. For example, with less than 20 grams you will be charged with a misdemeanor and face up to 1 year in jail and $1,000 in fines. With more than 20 grams you face a felony and up to 5 years in prison and $5,000 in fines. Your driver's license will also be revoked upon conviction and you can become ineligible for some government employment and government assistance.

Proving Possession of Cannabis/ Marijuana

For a conviction, the prosecutor has to prove three elements: 

1. The defendant possessed a certain substance;
2. The substance was cannabis and
3. The defendant had knowledge of the presence of the substance.

Note that the State is not required to prove that the defendant knew the substance he/she possessed was cannabis i.e. it's illegal nature. However, the lack of knowledge of the illegal/illicit nature of the substance is an affirmative defense that your attorney can raise. Also, Florida’s criminal drug laws do not take into account whether the drugs actually belonged to you or another person. Possession can be shown where:

1. An individual has an illegal drug on their person. This is called active possession.
2. A person has knowledge of the item and the ability to access the item. This concept is commonly referred to as having exercised “dominion and control” or constructive possession.

It is also illegal in Florida to possess drug paraphernalia. This includes objects store or use marijuana.

Defenses to Possession of Cannabis/ Marijuana

There are two major ways to fight a marijuana charge. The first is to attack the search or seizure that led to the discovery of the marijuana. If the stop or search was illegal it may lead to the evidence gained from that search becoming inadmissible in court. An attorney may argue:

• Police lacked probable cause or reasonable suspicion to conduct a traffic stop;
• Police lacked probable cause or reasonable suspicion to detain or arrest a defendant;
• Cannabis or marijuana was not in “plain view;”
• Invalid search warrant;
• Invalid execution of a search warrant;
• Invalid consent to a search;
• Unlawful “pat down,” or “Terry” search;
• Exceeding the scope of consent;
• Miranda violations;
• Violations of right to counsel;
• Evidence tampering or destruction of evidence;
• Any other illegal police activity

The second way is to attack the State’s evidence or to provide factual and affirmative defenses. These are more fact specific, but may include lack of knowledge, chain of custody or entrapment defenses. Even if a defendant made admissions to police, a lawyer can still help him/her avoid conviction through negotiating with the prosecution. If you or someone you know has been charged with possession of marijuana, call Jhenerr Hines at 813-815-0291.

Arrest and Bond

The consequences of a conviction in Florida can be life-changing. Even first time arrests can result in jail, prison, fines, criminal record, job loss, and deportation. The most important thing to do is get a lawyer who can start working to minimize the damage right away.

Arrests

If you or someone you know has been arrested in Hillsborough or Pinellas County, you should speak to a criminal defense lawyer as soon as possible. Many defendants will talk to the police after being arrested hoping they will get a better result if they explain. This is a common mistake. The job of a police officer is to make arrests and gather evidence against you! 

On some misdemeanors a police officer may provide a person with a “Notice to Appear” which will have a court date and time on it. In such instances you will be required to appear in court at that date and time. If you do not, a warrant could be issued for your arrest. A “Notice to Appear” is considered an arrest although you are not taken to jail, and the legal process begins.

If a person is taken to jail, getting them out may take some time, even for a minor charge. Be patient. If the arrest just happened, the process to get him/her out can start when he/she is booked in the jail and assigned a jail number. During booking, the person is fingerprinted, photographed, and asked basic questions to establish who they are. Once the jail number is a assigned a standard bond will be set unless he is nonbondable.

Bail Bond Process

If the defendant is eligible for a bond, you can immediately pay the listed bond amount directly to the jail or contact a bail bondsman.  A bail bondsman will post a bond on your behalf and will usually charge a 10%.  You may have provide collateral for the full bond, with the collateral sometimes being cash if the defendant resides outside the jurisdiction.

Alternatively, the defendant could go in front of a judge.  Every arrestee is entitled to a probable cause hearing within 24/48 hours of arrest.  At this hearing, the judge will review the arrest affidavit.  The bond can possibly lowered at this hearing or the defendant can be allowed out without a monetary deposit (pretrial release or ROR).  The defendant is entitled to counsel at this hearing and a prosecutor will be present.

 

A person may not get bond right away if:

• The charge is considered so serious that it does not qualify for bond.
• The defendant was on felony probation at the time of arrest.
• The person has an immigration hold.
• There is an out-of-state/county fugitive warrant.

If the defendant has no bond, a bond hearing will be set to determine if there will be a bond, and what the bond may be. A court may deny bond if it finds that the defendant will harm himself or others; the defendant may be a flight risk; or bond money may have come from criminal actions.

The sooner you speak with an attorney, the better your chances of beating your case. Tampa Criminal Defense Attorney Jhenerr Hines can be reached at  813-815-0291.

• Free consultation
• High Quality Representation
• Flexible Payment

Arrest for DUI in Tampa, Florida

Florida Statute Section 316.193 provides for the penalties that attached to a conviction for driving under the influence (“DUI”) in Tampa, Hillsborough County, Florida for a first DUI offense.

•  Incarceration: Up to six (6) months in the Hillsborough County Jail (if the BAL is .15 or higher or a minor was in the vehicle then the jail time is up to nine (9) months);
• Term of Probation: Up to twelve (12) months
• DUI School: Twelve (12) hour class which includes a substance abuse evaluation and requires completion of any recommended follow up treatment before any hardship reinstatement
• Community Service: Mandatory 50 hours of community service
• Fine: The required fine for a first DUI in Florida is between $500 and $1,000 (with a BAL of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000. Court may grant community service in lieu of DUI fines if defendant is unable to pay);
• Driver License Revocation Period: Minimum of six (6) months and maximum of twelve (12) months;
• Hardship Reinstatement: In order to reinstate the driver’s license for hardship purposes such as “business purposes” or “work purposes” the driver is required to complete DUI school. You must show proof of liability coverage or FR-44 insurance, pay $115 administrative fee, a $60 reinstatement fee, and a fee for the Florida driver’s license.
• Vehicle impoundment: Unless a hardship showing has been made, the  Court must immobilize any vehicle in the defendant’s name for 10 days after any jail sentence is completed.

 DUI defendants are not eligible for pre-trial diversion. Your best chances of avoiding these consequences are to hire a qualified attorney within 10 days of your arrest. Within that 10-day period, your lawyer can help you immediately reinstate you license. For a consultation call Jhenerr Hines at  813-815-0291.

Theft Laws in Tampa, Florida

Petit theft in Florida is no petty matter. Shoplifting crimes are the most commonly prosecuted crimes in the State of Florida. The only difference between misdemeanor (“petit theft”) and felony (“grand theft”) is the value of the item allegedly taken.

• If the value of the item taken was less than $100, then the offense will be charged as a petit theft in the second degree which is punishable by up to sixty (60) days in the county jail and a $500 fine plus court costs.
• If the value of the item taken is more than $300, then the offense will be charged as a petit theft in the first degree which is punishable by up to 12 months (364 days) in the county jail and a $1,000.00 fine.
• If the individual has ever been convicted to any two other theft offenses, then the person can be charged with Felony Petit Theft (even if the value of the item was only $1), which is a third degree felony punishable by five (5) years in Florida State Prison, and a five thousand ($5,000.00) fine plus court costs.
• If the value of the item taken was in excess of $300, then the offense can be charged as Felony Retail Theft which is also a third degree felony.

If you have been accused of a theft crime, call Jhenerr Hines at
813-815-0291.