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Notice To Appear | Tampa Hillsborough

Posted on September 23, 2010 by W.F. Casey Ebsary

Notice To Appear
Tampa Hillsborough Florida

Tampa Defense Attorney just researched Notices to Appear under Florida Law. Florida law allows police to issue a Notice to Appear for misdemeanors or violations of municipal or county ordinances instead of making an arrest. Failure to appear before the court can result in not more than the fine of the principal charge, jail up to the maximum sentence of imprisonment, and the court can punish for contempt of court. Types of Charges include: Possession of Alcohol; I have written before about Open Container Charges in Tampa, Florida.

Notice to Appear? Tell Me Your Story Toll Free 1-877-793-9290 .

Chapter 901 ARRESTS

901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search. — The issuance of a notice to appear shall not be construed to affect a law enforcement officer’s authority to conduct an otherwise lawful search, as provided by law.

901.31 Failure to obey written promise to appear.—Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.

Tampa Attorney on Search and Seizure | Incident to Arrest | Vehicle

Posted on September 22, 2010 by W.F. Casey Ebsary

Search Incident to Arrest, Vehicle Search

Search and Seizure Vehicle Glovebox

Court tossed the Evidence seized in the Car

“The cop said he saw “furtive movements” near the glove box.”

For this Tampa Criminal Defense Attorney, Search and seizure of a vehicle glove box has been the subject of a recent research project. Vehicles are frequently searched Incident to arrest. One court ruled that Police could not reasonably believe there would be evidence relevant to crime of fleeing and eluding found in a vehicle’s glove compartment. The cop said he saw “furtive movements” near the glove box. The cops claimed officer safety concerns. The court found at time of the vehicle search, the defendant was handcuffed, not near the car, and in the custody of backup officers. The trial court tossed the evidence seized in the car and the appeals court agreed.

Search and Seizure Questions? Ask me 813-222-2220 .

Source: 35 Fla. L. Weekly D533b

RAPE8055 FAILURE OF SEX OFFENDER TO REPORT

Posted on September 18, 2010 by W.F. Casey Ebsary

Failure to Register as Sexual Offender, 943.0435.9, RAPE8055

Sexual Offender Failure to Register

“sexual offender who does not comply with the requirements of this section commits a felony of the third degree”

Sexual Offender Failure to Register

If you have been charged with RAPE8055 FAILURE OF SEX OFFENDER TO REPORT you can call a Failure to Register as Sexual Offender Defense Attorney at 813-222-2220.

Form Code: RAPE8055
Florida Statute: 943.0435.9
Level: Fel (Felony)
Degree: 3rd

Description: FAILURE OF SEX OFFENDER TO REPORT

RAPE8055 FAILURE OF SEX OFFENDER TO REPORT is often charged in Hillsborough County, Florida.

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943 DEPARTMENT OF LAW ENFORCEMENT

943.0435 Sexual offenders required to register with the department; penalty.

(9)(a) A sexual offender who does not comply with the requirements of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A sexual offender who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sexual offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual offender.

(c) An arrest on charges of failure to register when the offender has been provided and advised of his or her statutory obligations to register under subsection (2), the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register. A sexual offender’s failure to immediately register as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to register who asserts, or intends to assert, a lack of notice of the duty to register as a defense to a charge of failure to register shall immediately register as required by this section. A sexual offender who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register.

(d) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register.

JAIL1200 INTRODUCTION OF CONTRABAND TO DETENTION FACILI

Posted on September 18, 2010 by W.F. Casey Ebsary

Introduction of Contraband Detention Facility, 951.22, JAIL1200

Contraband Introduction
Detention Facility

“to introduce into or possess upon the grounds of any county detention facility”

Introduction of Contraband to a Detention Facility

If you have been charged with JAIL1200 INTRODUCTION OF CONTRABAND TO DETENTION FACILI you can call a Introduction of Contraband Attorney in Tampa at 813-222-2220.

Form Code: JAIL1200
Florida Statute: 951.22
Level: Fel (Felony)
Degree: 3rd

Description: INTRODUCTION OF CONTRABAND TO DETENTION FACILI

JAIL1200 INTRODUCTION OF CONTRABAND TO DETENTION FACILI is often charged in Hillsborough County, Florida.

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 951 COUNTY AND MUNICIPAL PRISONERS

951.22 County detention facilities; contraband articles.

(1) It is unlawful, except through regular channels as duly authorized by the sheriff or officer in charge, to introduce into or possess upon the grounds of any county detention facility as defined in s. 951.23 or to give to or receive from any inmate of any such facility wherever said inmate is located at the time or to take or to attempt to take or send therefrom any of the following articles which are hereby declared to be contraband for the purposes of this act, to wit: Any written or recorded communication; any currency or coin; any article of food or clothing; any tobacco products as defined in s. 210.25(11); any cigarette as defined in s. 210.01(1); any cigar; any intoxicating beverage or beverage which causes or may cause an intoxicating effect; any narcotic, hypnotic, or excitative drug or drug of any kind or nature, including nasal inhalators, sleeping pills, barbiturates, and controlled substances as defined in s. 893.02(4); any firearm or any instrumentality customarily used or which is intended to be used as a dangerous weapon; and any instrumentality of any nature that may be or is intended to be used as an aid in effecting or attempting to effect an escape from a county facility.

(2) Whoever violates subsection (1) shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

ASSA1000 ASSAULT

Posted on September 18, 2010 by W.F. Casey Ebsary

Misdemeanor Assault, 784.011, ASSA1000

Misdemeanor Assault

“assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so

Misdemeanor Assault

If you have been charged with ASSA1000 ASSAULT you can call a Tampa Criminal Assault Lawyer at 813-222-2220 and tell your story.

Form Code: ASSA1000
Florida Statute: 784.011
Level: Misd (Misdemeanor)
Degree: 2nd
Description: ASSAULT

ASSA1000 ASSAULT is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.011 Assault.(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

TRAF6003 EXPIRED DRIVERS LICENSE MORE THAN 4 MONTHS

Posted on September 18, 2010 by W.F. Casey Ebsary

TRAF6003 Expired Driver’s License Over 4 Months

Expired Driver’s License
Over 4 Months

Let’s get you back on the Road today!

If you have been charged with TRAF6003 EXPIRED DRIVERS LICENSE MORE THAN 4 MONTHS you can call a Driver’s License Defense Attorney in Tampa at 1-877-793-9290 and tell your story.

Form Code: TRAF6003

Florida Statute: 322.03.5
Level: Misd (Misdemeanor)
Degree: 2nd

Description: EXPIRED DRIVERS LICENSE MORE THAN 4 MONTHS

TRAF6003 EXPIRED DRIVERS LICENSE MORE THAN 4 MONTHS is often charged in Hillsborough County, Florida.

Title XXIII MOTOR VEHICLES
Chapter 322 DRIVERS’ LICENSES

322.03 Drivers must be licensed; penalties.

(5) It is a violation of this section for any person whose driver’s license has been expired for more than 6 months to operate a motor vehicle on the highways of this state.

MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND

Posted on September 16, 2010 by W.F. Casey Ebsary

Possess Alcohol Under 21

If you have been charged with MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: MISC0112
Florida Statute: 562.111
Level: Misd (Misdemeanor)
Degree: 2nd
Description: POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND

MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND is often charged in Hillsborough County, Florida.

Title XXXIV ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 562 BEVERAGE LAW: ENFORCEMENT

562.111 Possession of alcoholic beverages by persons under age 21 prohibited.

(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.

(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.056.

CHAB1600 CHILD ABUSE

Posted on September 16, 2010 by W.F. Casey Ebsary

Child Abuse

Felony Child Abuse

“Child abuse” means Intentional infliction of physical or mental injury upon a child”

Felony Child Abuse

If you have been charged with CHAB1600 CHILD ABUSE you can call a Tampa Child Abuse Defense Attorney at 813-222-2220 and tell me your story.

Form Code: CHAB1600
Florida Statute: 827.03.1
Level: Fel (Felony)
Degree: 3rd

Description: CHILD ABUSE

CHAB1600 CHILD ABUSE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 827 ABUSE OF CHILDREN

827.03 Abuse, aggravated abuse, and neglect of a child; penalties.

(1) “Child abuse” means:

(a) Intentional infliction of physical or mental injury upon a child;

(b) An intentional act that could reasonably be expected to result in physical or mental injury to a child; or

(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

BATT6000 AGGRAVATED BATTERY ON PREGNANT FEMALE

Posted on September 16, 2010 by W.F. Casey Ebsary

BATT6000 Pregnant Female Aggravated Battery

Pregnant Female Aggravated Battery

If you have been charged with BATT6000 AGGRAVATED BATTERY ON PREGNANT FEMALE you can call a Defense Attorney Tampa at 1-877-793-9290 and tell me your story.

Form Code: BATT6000

Florida Statute: 784.045.1B
Level: Fel (Felony)
Degree: 2nd

Description: AGGRAVATED BATTERY ON PREGNANT FEMALE

BATT6000 AGGRAVATED BATTERY ON PREGNANT FEMALE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.045 Aggravated battery.

(1)(a) A person commits aggravated battery who, in committing battery:

1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

2. Uses a deadly weapon.

(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

WEAP1050 CARRYING CONCEALED WEAPON

Posted on September 16, 2010 by W.F. Casey Ebsary

Carry Concealed Weapon WEAP1050

Carry Concealed Weapon

If you have been charged with WEAP1050 CARRYING CONCEALED WEAPON you can call a Defense Attorney Tampa at 813-222-2220 and tell your story.

Form Code: WEAP1050

Florida Statute: 790.01.1
Level: Misd (Misdemeanor)
Degree: 1st

Description: CARRYING CONCEALED WEAPON

WEAP1050 CARRYING CONCEALED WEAPON is often charged in Hillsborough County, Florida.

Title XLVI CRIMES

Chapter 790 WEAPONS AND FIREARMS

790.01 Carrying concealed weapons.

(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.