Criminal Defense Law FAQs

A criminal charge can have significant implications for an individual’s life, including potential incarceration, fines, and other legal penalties. In addition to criminal penalties, a conviction can also result in civil penalties, such as job loss or deportation, and have a lasting impact on a person’s personal and professional reputation. An experienced Vero Beach, Fl criminal defense lawyer from Tuttle Larsen, P.A. is well prepared to represent those who are facing criminal charges.

Here are five frequently asked questions about Florida criminal defense law:

What is the difference between a misdemeanor and a felony?

In Florida, a misdemeanor is a less serious offense than a felony. Misdemeanors are typically punishable by up to one year in jail and/or a fine, while felonies carry a penalty of more than one year in prison and/or a fine. Additionally, a felony conviction can have significant consequences beyond incarceration, such as loss of voting rights, inability to own firearms, and difficulty finding employment or housing.

What are some common criminal defenses?

Some common criminal defenses often include lack of intent, self-defense, duress, entrapment, and insanity. A lack of intent defense argues that the defendant did not intend to commit the crime, while a self-defense defense asserts that the defendant acted to protect themselves or others. A duress defense argues that the defendant committed the crime because they were coerced or threatened, and an entrapment defense asserts that law enforcement coerced the defendant into committing the crime. An insanity defense argues that the defendant was not mentally competent to understand the nature of their actions.

What is the role of a criminal defense lawyer?

The role of a criminal defense lawyer is to represent individuals who have been accused of criminal offenses. This includes providing legal advice and guidance, representing the defendant in court, negotiating plea bargains, and advocating for the defendant’s rights and interests. A criminal defense lawyer may also conduct investigations, gather evidence, interview witnesses, and build a defense strategy designed to achieve the best possible outcome for their client.

What are the potential penalties for a criminal conviction?

The potential penalties for a criminal conviction in Florida vary depending on the offense and the circumstances of the case. Penalties may include fines, probation, community service, house arrest, incarceration, or a combination of these. In addition to criminal penalties, a conviction may also result in civil penalties, such as loss of professional licenses, job loss, or deportation if the defendant is not a US citizen. A criminal conviction can also have a significant impact on an individual’s personal and professional life, reputation, and future opportunities.

Can a criminal conviction be expunged?

In some cases, a criminal conviction in certain states, including Florida may be eligible for expungement or sealing. Expungement involves the physical destruction of a criminal record, while sealing involves restricting access to the record. Eligibility for expungement or sealing depends on a variety of factors, including the type of offense, the amount of time that has passed since the offense, and the defendant’s criminal history. If a conviction is expunged or sealed, the defendant may legally deny that the conviction occurred, and the record will not show up on most background checks. 

2023 Fatal St. Lucie County Alligator Attack

On February 20th, 2023 an 85 year old woman died after being bitten by an alligator while she was walking her dog near a pond located in a St. Lucie County golfing community. First responders were able to recover her body from Spanish Lakes Fairways near Fort Pierce. 

Officers of The Florida Fish and Wildlife Conservation Commission and deputies of the St. Lucie County Sheriff Department was sent to the area in response to 911 calls from residents who live near and around the pond. Local residents reportedly witnessed the alligator “grabbing her” at which point emergency personnel were called in. 

St. Lucie County fire rescue personnel arrived at the scene within minutes to recover her body, around 12:00 pm. They remained on-scene to aid in identification and location of the alligator. A contracted nuisance alligator trapper was able to locate and remove the gator from the pond later that day, around 2:30pm with the help of local fire rescue personnel.

A Spanish Lakes resident who lives near the pond where the tragedy occurred stated that she was familiar with the alligator and it had never demonstrated any aggressive tendencies towards humans.

Alligator-Related Premises Liability & Personal Injury 

Unfortunately, alligator attacks are fairly common in the state and this tragic incident only reinforces this notion. When predatory wildlife may unexpectedly attack. Alligators are native to Florida and much of the south east, and due to their prominence, property owners have a legal obligation to display warnings that advise visitors, residents, passers, about the threat of alligator attack. 

Alligator attacks can result in devastating physical, emotional, and financial damages to victims and their families. A Vero Beach, FL personal injury lawyer can help these victims in various ways, including:

• Investigating the incident: A personal injury lawyer can investigate the attack to determine the cause, including whether there was any negligence on the part of the property owner or any other party that could be held liable.
  
• Evaluating damages: A lawyer can assess the extent of the victim’s injuries and damages, including medical bills, lost wages, pain and suffering, and any future medical care needs.
  
• Negotiating with insurance companies: A lawyer can work with the victim’s insurance company and any other involved parties to negotiate a fair settlement that covers all damages.
  
• Representing the victim in court: If necessary, a lawyer can represent the victim in court and present their case to a judge or jury.
• Providing legal advice and guidance: A personal injury lawyer can offer legal advice and guidance to help the victim understand their rights and options.
  
• Gathering evidence: A lawyer can gather evidence, including witness statements, medical records, and other relevant information to support the victim’s claim.
  
• Advocating for the victim: A personal injury lawyer can serve as an advocate for the victim and fight for their rights throughout the legal process.
  

Overall, a lawyer that specializes in personal injury and premises liability, such as those of Tuttle Larsen, P.A. can be a valuable resource for victims of wildlife attacks, helping them to navigate the legal system and obtain the compensation they deserve for their injuries and damages.

Dog Bite Attacks And Florida Statutes

Based on Florida law, dog owners can be held financially liable for injuries that were caused from a dog bite, whether in a private or public space. Those who have been injured only have a set period of time to request compensation from the owner responsible, so it’s imperative to act quickly and in your best interests. The consequences of the bite incident go farther than the immediate moment it happened. Dog bites can be painful, scary, and leave someone with emotional anguish and newly developed fears surrounding interactions with animals.

What are the dog bite laws for the state of Florida?
The laws and statutes for animal attacks vary by state. For Florida specifically, a dog owner may be liable for injuries if it can be shown that the dog bit a person that was either in a lawfully private property or public space. If the victim was harmed in a situation otherwise, it may still be permissible to file a personal injury claim against the owner. The victim will have to show with proof how the owner acted negligently or without regard for the safety of others, which ultimately led to their injury.

Can I recover compensation for my injuries?

One of the first options in recovering compensation is through a negligence claim, in which an owner is responsible for the incident if they did not offer a duty of care to protect others from harm and another reasonable person in the same situation would have acted differently. The second type of claim that can be filed is referred to as negligence per se, in which an owner may be liable if they violated regulations or statutes that protect the safety of the public. Thirdly, a scienter claim (also known as the “one bite rule”), allows anyone with information about a dog’s attack background or attempted bites to hold the owner liable for resulting damages. Lastly, in some cases, an intentional tort may be filed, if the owner of the dog coaxed the dog to attack the victim.

Why was the Florida dangerous dog statute established?

The dangerous dog statute is intended to safeguard the general public from dogs that are dangerous. An aggressive dog may be declared as a safety risk under Florida law if they meet certain criteria. If a dog is categorized as dangerous, an owner has to abide by strict rules and take specific measures for the animal. For instance, the dog will have to be registered with local authorities and kept in a location with properly marked dog warning signs. If the dog is taken away from the premises, it has to be restrained with a muzzle, and harness or leash.

How does a canine get defined as a dangerous dog?

Based on Florida law, a dangerous dog is a dog that has previously aggressively bitten, attacked, or caused serious injury to a person. An attempt to endanger or attack a person is also viewed as dangerous behavior. A dog that has aggressively approached or chased a person without provocation is considered dangerous as well. And a dog that has previously killed or injured another animal more than once may be deemed a safety risk to the public.  

If you need support after a dog bite or attack, contact a Vero Beach, FL personal injury lawyer from Tuttle Larsen, P.A, as soon as you can for help. 

Driver Flees Police, Causes Multi-Car Crash

On January 4th, 2023, a car accident sent multiple people to the hospital in need of medical attention. An investigation is underway involving a scene that occurred overnight in West Palm Beach, Florida. Among those injured was a police officer and several members of the public. West Palm Beach law enforcement stated this incident happened around 10:30 p.m. when an undercover officer tried to halt a Ford Crown Victoria at Tamarind Avenue and 8th Street. There were two people in the Ford, both a man and woman, in which the driver backed up into two police vehicles and sped off. 

West Palm Beach police have found the car driver that escaped the traffic stop as Willie Brown, Jr. of Boynton Beach. The passenger in his vehicle was Charlene Brown of Miami. As Brown backed into two police cars, he also struck an officer who was on foot and dragged him prior to taking off. The police officer sustained a leg injury, was taken to the hospital, received medical attention, and was released.

After attempting to halt the driver, officers pursued the Ford briefly but then called it off. Brown had hit two other vehicles at the intersection of Division Avenue and 15th Street. The driver was traveling at a high rate of speed when he entered the intersection, sped through the stop sign, and struck a west and east bound vehicle, van, and a KIA, as they were passing with sufficient force to overturn the van. Those in the accident were taken to the hospital with minor injuries, received treatment, and released.

Brown and passenger Charlene were hospitalized for serious conditions but law enforcement stated they are anticipated to survive. Police say that the situation could have been more tragic, and that the offender will face charges for fleeing and eluding police, in addition to aggravated battery upon release from the hospital. 

As the team at Tuttle Larsen, P.A. have seen before, all too often people who were just going about their day can suddenly become victims n a serious accident where physical injury and property damage result. Every person who gets behind the driver’s seat of a vehicle has the duty to drive it safely and with regard for others who share the road. In the example provided here, a driver had not only attempted to elude police, but was reckless with the lives of those nearby. The prosecution will pursue charges on the criminal level for the incident. However, what happens to the victims who were part of the crash? Many people in this same situation would reach out to a Port St. Lucie, FL car accident lawyer about filing a civil case against the offending driver. Through a personal injury lawsuit, the victims can seek restitution for their medical bills, property damage or replacement, loss of earnings, and other ways their life has been affected. When someone is reckless and it leads to the harm of others, those victims can take legal action and seek monetary repayment for what they endured. 

Car Collisions Cause Tragic Injury And Loss

In Martin County on Saturday January 21, 2023, several people were hospitalized after a Tesla ran a red light and struck a Volkswagen in the area of north Stuart. According to the Sheriff’s Office, the incident occurred on Northeast Savannah Road and Northeast Dixie Highway around midnight. Four out of the five passengers were found on the road when an ambulance and emergency personnel arrived at the location. They were initially thought to have been forcefully ejected from the vehicle, but is unclear how many may have crawled out after the crash. 

The engine of the Volkswagen was found around 50 yards away from the vehicle. The driver of the Tesla, a 26 year old of Vero Beach, was given a citation for running a red light, not wearing a seatbelt, and careless driving. The ages and residence of the others involved are not currently available. Injuries appeared to be serious, but hopefully not life-threatening, for all five passengers. How fast the Tesla driver was traveling was a factor in the crash.

This incident comes only about a week after a fatal collision with three tractor-trailers, which happened near Palm City exit at the Florida Turnpike southbound. The crash had closed the turnpike for hours. And before that, another fatal crash involving a Tesla and Chrysler minivan collided, causing a shutdown on U.S. 1 north, near the Roosevelt Bridge. 

At Tuttle Larsen, P.A., a Melbourne, FL car accident lawyer has seen the way that victims of crashes, and their surviving family members, can suffer because of another’s recklessness on the roadway. In most cases, car accidents happen because one or more drivers was being careless. In incidents where someone is at-fault, the victim or their surviving family can come forward with a case against the driver responsible. In this way, the victim or their family can get the support they need during a truly difficult time.

When you are hurting, the last thing you want to deal with is another problem to resolve, which is where our assistance comes in. We advocate for the attention and compensation that our clients deserve for the hardships they faced due to another’s fault. You can rely on our experience and reliable guidance to pull you through. Victims of car accidents may be entitled to repayment for damages and losses such as vehicle repairs or replacement, medical bills, pain and suffering, loss of earnings, and more. 

Such as in the examples above, it points to one driver who may have been violating the rules of the road which ultimately left others with serious injury or a loss of life. Most of us drive cars to get where we need to be, whether that is to work, the grocery store, errands, drop our kids off at school, or visit loved ones. Vehicles allow us to travel faster than if we didn’t have them. But unfortunately, part of the risk of driving or being the passenger in a car is that a collision can unfold within a split second. 

Teen Street Race Causes Death Of Beloved Son

On October 22, 2022, Michael Hoerig was the victim in a car crash with another driver who left him brain-dead. The surviving family of Michael donated his organs, giving other people’s lives in need a second chance. The driver of the car that hit him, Charles Meininger, was 16 years old when the crash occurred. He is now 17 years of age and is being charged at the adult level. Police state that they arrived on scene to see a Camaro that had hit a truck. Through the investigation, they discovered that the driver of the Camaro, Meininger, was driving at a high speed up and down the street numerous times before impact.

Meininger is being charged with illegal racing due to exhibiting a repeated high rate of speed. A witness attests to seeing the driver go up and down the road while speeding several times before the accident occurred. The collision took place in Lutz on Lake Fern Road, where the speed limit is 45 MPH. Police state that the driver had hit Heorig in his truck going at least 80 MPH. The damage to the truck and Heorig was severe due to the high rate of speed.

Michael Heorig was 20 years old when he passed away. His mother expressed that she found comfort knowing that her son seemingly had done all the right things while on his way home. Heorig had the green light, was wearing his seatbelt, and was going a speed of 11 MPH when the Camaro struck him on the driver’s side. The intersection where the incident took place was less than a mile from Heorig’s home. The crash was so severe that the car door had to be removed in order to get Heorig out of the truck. The total speed at impact was 94 MPH, which caused a broken neck, broken spine, and multiple contusions, leading to brain death. The driver, Meininger, faces both felony and misdemeanor charges.

The family of Michael Heorig hopes that this incident raises awareness for the critical dangers of street racing. Parents must stay alert to their teen’s driving behaviors and frequently remind them of the impact that can devastate so many people through their unsafe choices. Ultimately, obtaining justice is what will provide closure for the family of Michael Heorig. 

Victims of car accidents and surviving family members may turn to a lawyer from Tuttle Larsen, P.A. in the aftermath of a crash such as the one described here. Surviving loved ones are by law allowed to seek financial restitution from the at-fault driver on behalf of a beloved family member who was taken before their time. A Palm Bay, FL car accident lawyer has seen the way that victims and their relatives can suffer because someone else chose to drive recklessly that day. While seeking monetary compensation at the civil level from the at-fault driver cannot return a lost loved one, it can at least provide financial support and a sense of justice as the family grieves.