Criminal Law

DUI or Driving Under the Influence results in a criminal charge as well as action against your driver's license through the department of motor vehicles. In the criminal court you could be sentenced to up to 6 months of jail for a first offense and a third offense can be punishable by up to 5 years in state prison. Additionally, the Department of Motor Vehicles could suspend your Driver's License for a period of 6 months to life depending on your driving record. The DUI laws are complex and subject to change by the State Legislation.

An arrest for DUI can have very serious consequences. Your license may already be suspended if you refused to submit to the tests the officer "asked" you to do or if your blood alcohol level was .08 or higher. It is very important to know that you only have 10 days from the date of your arrest to challenge this administrative suspension. You must request a hearing within this 10-day period. You need to know the Florida dui laws in order to protect your rights. Call Jacobson, McClean, Chmelir & Ferwerda to set up a free consultation today.

Drug Charges can carry lengthy mandatory jail sentences, probation, court costs, fines, and random drug testing. Additionally, your driver's license will be suspended for two years upon a conviction for any drug offense. Your car, boat, house or other personal property may be permanently taken by the government if it can be shown that your property was used or was attempted to be used in the commission of certain drug offenses. By hiring an attorney, you may be able to discover valid defenses that you did not know existed, including possibly challenging your stop, search or seizure.

Assault & Battery charges range from misdemeanor to felony levels. In fact, battery is an enhanceable charge, which means that repeat offenses can bring increased penalties. Speaking to an attorney will clarify the strength of the State Attorney's case and reveal your best defense. Start protecting your rights by calling an attorney at Jacobson, McClean, Chmelir & Ferwerda today.

Domestic Violence is an area of Florida law that strictly controls the prosecution of incidents occurring within a household or family. The special laws impose stricter sentences than non-domestic situations; for example, even some misdemeanor cases include mandatory jail sentences. Because the State Attorney's office gives these cases increased attention, you need an attorney that understands the unique issues of Domestic Violence. All of the attorneys at Jacobson, McClean, Chmelir & Ferwerda are former prosecutors who understand Domestic Violence law. Call the office today for a free consultation with one of our attorneys.

Driving While License Suspended can get you sentenced up to 60 days in jail. If you are caught driving twice, you could be sentenced to 364 days in jail. If caught driving with a suspended or revoked license a third time, you could be charged with a 3rd degree felony, punishable by up to 5 years in prison. Whether your license was suspended because of a DUI, a drug conviction, excessive points or because you were declared a Habitual Traffic Offender, you may be eligible to obtain a license that allows you to travel to and from work.

Leaving the Scene of An Accident without giving the proper aid or information can result in a criminal charge punishable by up to 60 days in the county jail. You need to know when and how the law requires you to report a crash in order to defend your rights. Call us to set up a free consultation with a member of our team of attorneys.

Reckless Driving is a criminal traffic charge that carries a possible sentence of 60 days in the county jail as well as probation, fines and points on your Driver's License. Before you go to court to answer this charge, you should be aware of your legal rights. Call Jacobson, McClean, Chmelir & Ferwerda to set up a free consultation today.

Juvenile Crimes range from misdemeanors to felonies and carry penalties as low as a judicial warning or as high as commitment to a juvenile program. This is because Florida law allows the state attorney to prosecute a child as an adult for committing certain offenses if the child was at least 14 or 15 years old at the time of the offense. Having an attorney to represent you before this decision is made may be helpful in persuading the state attorney from treating your child as an adult. Additionally, a child facing delinquency proceedings can be sentenced to boot camp, intensive secure residential treatment for up to 12 months, or other sentences. If your child is charged with a crime, you should know his or her legal rights. Call Jacobson, McClean, Chmelir & Ferwerda to set up a free consultation today.

Bond Reduction
If you or a loved one is currently in custody for an offense, you may be entitled to a reasonable bond amount. Also, we can help you attempt to get your bond amount reduced in order to secure your release. The court is required to inquire into your financial situation in order to set a reasonable bond amount. A bond amount that is unreasonable is the equivalent to having no bond at all.

Violation of Probation
If you have been sentenced to a term of probation, it is very important that you comply with all of the conditions imposed. Failure to comply with probation will result in a warrant being issued for your arrest. As you know, there are several ways in which you can violate probation: failing to report as required, failing to comply with technical requirements, failing to comply with a special condition imposed by the court, leaving the jurisdiction without permission, or by committing another offense while on probation. As such, you may be sentenced to a long period of incarceration or any other sentence the court wishes to impose.
If it is alleged that you have violated your probation, you will have the opportunity to present evidence on your behalf. Additionally, you will have the opportunity to cross-examine your accuser. Unfortunately, the state does not have to prove that you violated probation beyond a reasonable doubt. At a probation violation hearing, the standard of proof is much lower. Further, when you are arrested for a violation of probation there is no bond on the warrant. Please contact us for additional information.

All Felony, Misdemeanor and Juvenile Offenses
Certain felonies carry a mandatory jail sentence. Additionally, you may be sentenced to mandatory jail time if you score high on the scoresheet, even if the felony you were arrested for does not require mandatory jail.
A first-degree misdemeanor carries a maximum penalty of 364 days in jail and 12 months probation. A second-degree misdemeanor carries a maximum penalty of 60 days in jail and 6 months probation. Even a minor offense can have serious consequences that can result in a jail sentence. Call Jacobson, McClean, Chmelir & Ferwerda to set up a free consultation today.