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Jeffrey A. Haynes, P.A.

Blogs

A bill signed into law on February 24, 2016 will change Florida law in a significant way regarding the crime of aggravated assault with a firearm.  As of July 1, 2016, aggravated assault with a firearm will NO LONGER CARRY A THREE YEAR MINIMUM MANDATORY PRISON SENTENCE. The statute which specifies minimum mandatory prison sentences, Florida Statute 775.087, has only been…Read More

WHAT IS THE NEW FLORIDA GOOD SAMARITAN LAW FOR MOTOR VEHICLES? A new Florida Good Samaritan law now gives an individual the right to break into another person’s motor vehicle if a “vulnerable person” or animal appears to be in distress.  The new law, Florida statute 768.139, went into effect on March 8, 2016.  If the Good Samaritan follows certain…Read More

The Second District Court of Appeals on February 14, 2018 issued an opinion in  Casiano v. State, which effectively ends the use of Nebbia holds in the state courts of Florida.  A Nebbia hold is based upon a United States Supreme Court case of the same name, and has been used over the years to allow a defendant to be held…Read More

When a person is arrested in Florida, he or she is normally entitled to a bond, with some exceptions. A potential problem arises, however, when either the judge or law enforcement officer seeks what is called a Nebbia Bond Hold to be imposed as a condition of release. A Nebbia Hold is an additional hurdle which a person in custody must…Read More

The Second District Court of Appeals recently reversed Sarasota Judge Debra Riva on her March 24, 2016 ruling, which forced an inmate to remain in custody because of what is known as a Nebbia Hold. After the Nebbia Hold was granted by Judge Riva, the Defendant’s attorney effectively filed an emergency appeal known as a writ of habeas corpus to…Read More

The Second District Court of Appeals on February 14, 2018 issued an opinion in  Casiano v. State, which effectively ends the use of Nebbia holds in the state courts of Florida.  A Nebbia hold is based upon a United States Supreme Court case of the same name, and has been used over the years to allow a defendant to be held…Read More

HOW DOES A DRIVER BECOME A HABITUAL TRAFFIC OFFENDER IN THE STATE OF FLORIDA? A driver may become a Habitual Traffic Offender in Florida under several circumstances.  The statute which defines this is Florida statute 322.264, and states that if you acquire enough driving charges within a five year time frame, Florida will declare you to be a Habitual Traffic Offender,…Read More

Is Butane Hash Oil Possession a Crime in Florida? Butane hash oil (BHO) possession is clearly a crime in Florida.  The only real question is whether BHO possession is a felony or a misdemeanor crime.  The Florida law which defines controlled substances, 893.03, does not clearly address this issue.  Butane hash oil is not specifically listed under the statute.  As of…Read More

Is Kratom Possession a Crime in Florida? As of February 2017, Kratom possession is not a crime in Florida, with the exception of Sarasota County. In January 2014 Sarasota passed a county ordinance, making it illegal to possess kratom, which it considers to be an illegal “designer drug”. Kratom possession in Sarasota County is punishable by up to 60 days in the…Read More

A person arrested in Florida for a first offense DUI can take steps to obtain a hardship license, if certain steps are taken with 10 days of the arrest. When a person is arrested for DUI charge in Florida, the driver in the vast majority of cases has to deal with the reality of an immediate driver’s license suspension as…Read More

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