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Sealing And Expunging Records
Sex Crimes
Suspended License:


State FAQ - Drugs

Florida Drug Crime Lawyer

Grey Tesh, an experienced Florida drug crimes attorney, can help you with your drug charges.

Mandatory 2 year license revocation for any drug conviction

In Florida, if you are convicted of any drug offense, whether it be possession of Cocaine, Crack Cocaine, Marijuana, pot, weed, Meth, Crystal meth, Methamphetamine, Heroin, ecstasy (principally MDMA), LSD, Mushrooms, PCP, your license will be revoked for 2 years.

Drug conviction Penalties

The greater amount of drugs that are possessed, distributed, or sold, the worse the penalties get.

 

For instance, if you possess more than 20 grams of marijuana, or even possess one crack rock, you are facing up to five years in prison plus fines and court costs. If the amounts of drugs are higher, you may be charged with a first degree felony, punishable by up to 30 years in prison and a fine of $10,000.

Mandatory Minimum Prison Sentences

For drug trafficking offenses, there are minimum mandatory prison sentences. For instance, if you traffic in more than 200 grams of cocaine, there is a 7 year minimum mandatory prison sentence. Also, drug trafficking is punishable by life in prison and a $500,000 fine.

Defenses to get your case dropped

Grey Tesh has successfully defended against drug charges based on whether the federal agents or police violated your constitutional rights. As a general rule, police or federal agents may not enter your house or hotel room without a search warrant. If the government violates your fourth amendment rights, your drug case may be suppressed, or thrown out of court. Early intervention in Florida criminal defense matters, specifically drug offenses, can be essential to getting your charges reduced or dropped.

Drug Treatment instead of Prison

Drug treatment is a better resolution for the client and the government.

When drug treatment instead of prison time is negotiated, Grey Tesh will work with drug counselors to get you back on your feet.

Grey Tesh, Florida drug defense lawyer, helps the accused with all drug charges like:

Cocaine, Crack Cocaine, Marijuana, pot, weed, Meth, Crystal meth, Methamphetamine, Heroin, Prescription drugs, oxycontin, ecstasy (principally MDMA), LSD, Mushrooms, PCP

DUI

West Palm Beach DUI criminal lawyer

Florida DWI Drunk Driving attorney

In Florida, you must hire a DUI criminal attorney within ten (10) days of your arrest

If you dont, your license will be suspended administratively through the Department of Motor Vehicles. Can you get your license back? The only way you can possibly get your license back is if you hire us right after you are arrested. Time is of the essence. You only have 10 days from the date of arrest to demand a formal review hearing. This is your sole opportunity to get your license back. Call and we can take care of this for you. If this is your first DUI, one huge benefit is you will receive a temporary drivers license, usually within a week of filing for the formal review hearing. If retained early enough, we can also waive your presence at your arraignment.

Consequences of a DUI Conviction

All convictions for DUI in Florida, commonly called drunk-driving, have severe consequences. Upon conviction, your license will be revoked (this is a separate revocation for the criminal conviction), making it hard for you to work. Also, your insurance rates will go up.

Other consequences can include:

-fines

-court costs

-your car being immobilized

-an interlock device placed on your car

-probation

-attending DUI school

-following all recommended alcohol/drug treatment

-random testing for alcohol and drugs

-jail or prison

Enhancements for DUI

The penalties get worse the more times you are caught driving under the influence. Also, the penalties increase if there was an accident, serious bodily injury, or death of another, even if the death was unintentional.

Alternatives to Jail

On the other hand, sometimes it is possible for a West Palm Beach DUI criminal defense lawyer like Grey Tesh to negotiate alternatives to jail.

Some alternatives to jail can include:

-house arrest

-work release

-electronic monitoring

-day for day credit in a rehabilitation facility.

Breath Machines

Breath machines require regular maintenance. Grey Tesh, a DUI criminal lawyer, convinced a Palm Beach County Judge to suppress two breath readings of .265 and .253. Thats over three times the legal limit of .08! Why? because the government violated the clients constitutional rights based on Shiver v State, 30 FLW D653 (FL 1st DCA March 8, 2005). The Judge opined that "Because it has been established in Shiver that the breath test affidavit contains testimonial hearsay evidence, the admissibility of the affidavit alone would constitute a violation of the Confrontation Clause."

Should you blow into the breath machine?

Generally, no. The Intoxilyzer 8000(breath machine) is not accurate. In Florida, litigation is ongoing regarding the revealing of the source code of the 8000. Some counties in Florida have thrown out every breath reading because the source code has not been turned over to defense counsel.

Also, why give evidence to the state attorney? They are just going to use it against you. Reasonable doubt arises from the evidence, lack of evidence and conflict in the evidence. If you blew >.08, your license will be suspended for 6 months. If you refused the breath, blood, or urine test, your license will be suspended 12 months for the first refusal and 18 months for a second refusal.

Different Ways to Beat a Florida DUI DWI Drunk Driving Charge

DUI cases are often times more complex than most felony cases. As such, there are many viable ways to beat a DUI/DWI case. Grey Tesh, an experienced DUI DWI Drunk Driving Lawyer will look into whether:

-police violated your constitutional rights under the fourth, fifth and sixth amendments to the constitution

-police followed proper procedure

-your Miranda rights were read to you at the appropriate time

-the breath machine was maintained and working properly

-police have proof of you behind the wheel of the vehicle

If the police violated your rights, there may be a motion to suppress evidence filed in your case. If the motion is granted, your case might be dismissed. Another way to beat a DUI DWI Drunk Driving Charge is to take it to trial and win. Grey Tesh holds the record for the most number of jury trials in one year at the Palm Beach Public Defenders Office. Source, John Rivera, Chief of County Court, Palm Beach Public Defenders Office. Most of those trials were DUI jury trials. There is strong lobby from MADD (Mothers Against Drunk Drivers). It seems like every time MADD recommends an amendment to the DUI statute, it passes.

Grey Tesh is the author of Stopped for DUI? Heres what to do, click on FAQ and Publications to read more.

West Palm Beach Florida DUI criminal lawyer

Florida DWI Drunk Driving attorney

 

SEX CRIMES

Grey Tesh, West Palm Beach, Florida criminal defense attorney, handles all sex crime cases, including:

rape, sexual assault, sexual battery, date rape, indecent exposure, child molestation, prostitution.

Additionally, our investigator will start immediately to interview witnesses, take statements, and conduct background checks. Especially with sex crimes, time is of the essence. With almost constant publicity from the media frenzy surrounding sex crimes, it is extremely difficult to get a fair trial. There are many false allegations made of sex crimes. The allegations are easy to make. However, the alleged crime usually happens with a "he said, she said" situation, with no independent witnesses. Contact Grey Tesh, Florida sex crimes criminal defense lawyer.

JUVENILE

Florida Juvenile Defense Lawyer

Juvenile Delinquency

Juvenile law was originally intended to rehabilitate, not punish. However, Florida "direct-files" or charges juveniles as adults more than most States. Many times, children barely out of elementary school are detained by police and questioned without their parents or lawyer present. Grey Tesh, Florida Juvenile Defense Attorney, started his legal career at the Public Defenders Office representing accused juveniles. In his first five months, he tried about twenty (20) trials in the juvenile delinquency division. Grey Tesh counsels the child not only as to the criminal case, but also as to getting good grades and attending school. The Judge is very concerned about how the child does in school. Grey Tesh wants to avoid jail time for your child by successfully negotiating creative rehabilitative options. Call Grey Tesh, Florida Juvenile Defense Lawyer, to help your child or grandchild, whether they are charged with:

  • Drug Possession or Drug Sale
  • Aggravated Battery or Assault
  • Theft
  • Gun Crimes
  • Sex Crimes
  • Trespassing 

or

You want to get their record sealed.

 SEALING & EXPUNGING YOUR CRIMINAL RECORD

Leave the Past Behind

Expungement

Need to seal or expunge your criminal record because:

  • employers wont hire you based on a the results of a background check?
  • you are concerned you will never become a lawful permanent resident or a Untied States citizen?
  • youre applying for a state license for your profession?

Grey Tesh, Florida expungement and sealing attorney, can help you get your criminal record cleaned up. Once your record is sealed or expunged, you can honestly answer "no" to the question of whether you have ever been convicted of a crime. After that, your future is wide open. Dont let the past get in the way of your future.

 

Drivers License FAQ as provided by the Florida Department of Highway Safety Motor Vehicle:
How do I clear a suspension for failure to comply with traffic summons, to appear on a traffic summons or to pay fine?
How do I clear unpaid tickets?
How do I reinstate if my license is revoked for inadequate vision?
How do I reinstate after my license is suspended for being incapable of operating a motor vehicle safely?
What is the suspension for 12 points in 12 months?
How do I reinstate my license after a suspension for a violation (not DUI related) resulting in death or personal injury?
How do I reinstate my license after a revocation as a Habitual Traffic Offender (HTO)?
How can I be re-licensed in another state after my HTO revocation has expired in Florida?
How do I reinstate after my license is suspended for fraudulently obtaining a driver license?
How do I reinstate after my license is suspended for being delinquent in child support?
I have a Florida license and received a traffic ticket in another state. Will this affect my Florida driving record?


MIRANDA RIGHTS:
Does an officer have to read my Miranda rights?
Does my case go away if the officer doesn't read me my Miranda rights?
Do I have to answer police questions?
The officer told me I would get a better deal if I talked...is this true?

 


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West Palm Beach Florida.
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