Just because you have a high Blood alcohol level does not mean you will be found guilty of a DUI. Anthony Rickman has successfully represented his clients charged with enhanced DUI’s. By fighting your case at every level Anthony Rickman may be able to get your charge dismissed, reduced, or you found not guilty at a trial. Do not delay contact The Rickman Law Firm for a free consultation.
It is impossible to avoid an enhanced DUI by having the State agree and stipulate that your Blood Alcohol Level is below a .15. the only way to avoid required sanctions is if the State agrees to reduce the charge to Reckless Driving (RD). Under the RD statute, there are no mandatory sanctions. However, the DUI sanctions are usually used as a framework. Sanctions may go up or down depending on the facts of the case. (Typically, the ignition interlock, immobilization and 6 month license suspension are removed)
In the State of Florida a Driver’s License is considered a privilege, not a right. As such, there are multiple ways that a person can have their driving privilege suspended, revoked, or cancelled, such as failing to comply with traffic infractions, writing worthless checks, delinquent child support, criminal traffic violations, criminal drug charges or failing to comply with insurance and registration responsibilities.
When your Driver’s License is suspended, revoked, or cancelled for any of the above reasons, the DHSMV will send you written notification by U.S. mail to your last known address. Notice is complete upon the expiration of 20 days after deposit of the notification in the United States mail. Therefore, even if you never received the notification, you are presumed to have been notified by virtue of the mailing.
If you have been caught driving while your Drivers License has been suspended or revoked, you can be arrested for either DWLSR with knowledge or receive a ticket for DWLSR without knowledge. If you received a ticket for DWLRS without knowledge you have been charged with a moving violation. This means that if found guilty, you will have 3 points added to your driving record and will be assessed fines and court costs.
If you are arrested for DWLSR with knowledge your charge can range anywhere from a misdemeanor to a felony, where penalties can include jail time, prison time, court costs, and fines.
If you receive 3 or more convictions of DWLSR or DUI in a five year period, you will be automatically categorized as a “Habitual Traffic Offender”, and lose your Drivers License for 5 years. If you are already labeled as a Habitual Traffic Offender, we may be able to vacate one of your prior conviction and remove the “HTO” status from your license. Contact us today so that we can review your driving record for free to determine whether or not we can get your drivers license back!
A DUI charge carries certain legislative imposed, mandatory penalties from which neither the court nor the state can depart. Upon convincing the State Attorney to amend your DUI charge to reckless driving, no mandatory sanctions apply. The legislature has not imposed any requirements when facing a Reckless Driving charge. Therefore, sanctions are negotiable. Traditionally, the State will use the DUI sanctions as a framework to fashion an offer on a Reckless Driving reduction.
Although your sanctions may be similar on a Reckless Driving to a DUI, you will receive many benefits if your charge is amended to Reckless Driving. On many cases, the State’s offer will include DUI sanctions without the 6 month license suspension or the 10 day immobilization of your vehicle.
A Reckless Driving charge does not carry the same stigma as a DUI charge. Many job applications or potential employers will specifically inquire as to whether you have been convicted of a DUI. If your charge is reduced to Reckless Driving, you will not have to face this issue. Further, often your insurance will be severely impacted by a DUI conviction. A Reckless Driving will not carry as harsh of an impact on your insurance rates.
An experienced Defense Attorney can fight your DUI by attack all of the elements of the State’s Case. Anthony Rickman has successfully represented his clients at every stage of the DUI case and will do the same for you.
A DUI is generally broken down into the following three components: (1) the traffic stop (2) The Field Sobriety Exercises (3) the Breath Test or Refusal. By attacking these parts of the case individual Mr. Rickman may be able to have the case dropped completely or be successful at a motion to dismiss.
Most DUI cases are based primarily on the interpretation of four pieces of evidence.
The crucial part of your case involves the stop of your vehicle. In order to lawfully stop your vehicle, Law Enforcement is is required to prove hat they had probable cause that you committed a traffic infraction or reasonable suspicion that you were ill, tired, committing a crime or impaired. If the Officer who stopped your vehicle lacks the legal justification to do so then your entire case could be thrown out. Anthony Rickman has argued hundreds of motions regarding illegal traffic stops that resulted in his client’s DUI’s being dropped, reduced, or dismissed by the Judge. If you feel your vehicle was unlawfully stopped buy the police it is important that you contact Anthony for a free consultation today.
The police in 95% of the cases use Field Sobriety Tests as the primary indicator of
impairment to determine whether or not a person will be arrested for DUI.
However, there are a number of factors that can lead to a mistaken interpretation
of your impairment, such as:
If you refused to provide a breath sample the State may argue that you did so because you knew you were guilty. This argument is flawed in many ways. If you have a refused the state will use your refusal against you. It is important that you have an experienced lawyer who is able to rebut the State’s arguments.
If you blew over the legal limit, it does not mean that you are guilty of DUI. There are multiple reasons as to why a person may have a high blood alcohol level and not be impaired. Anthony Rickman is experienced in handling cases where his clients had blood alcohol levels above the legal limit. Utilizing state of the art software, scientific equations, and his vast experience Anthony is able to present to the State evidence that would suggest that the blood alcohol reading taken at the jail is not what it was when you were driving.
Additionally, the results can be suppressed based on many factors such as:
Your breath may also be high due to faulty reading on the test. Inadequate readings can be caused by such things as:
Did you know that Florida law requires anyone convicted of a DUI faces certain mandatory sentences such as:
1.) A six month driver license suspension;
2.) DUI School and an alcohol evaluation;
3.) 50 hours of community service;
4.) A $500.00 fine plus court costs;
5.) A ten day vehicle immobilization;
6.) A six month to 1 year probationary period;
7.) A possible six month to two year vehicle ignition interlock device; and
8.) A potential jail sentence up six months.
1st DUI conviction – a six month to one year suspension
2nd DUI conviction – a five year suspension if within five years from the prior conviction
3rd DUI conviction – a ten year suspension if within ten years from a prior conviction
4th DUI conviction – a lifetime suspension
These are imposed by the Department of Motor Vehicles (DMV) as a result of either blowing over the legal limit (.08) or refusing to provide a blood, breath or urine test upon request by a law enforcement officer.
1st refusal – one year suspension
2nd refusal – eighteen month suspension
1st blow over the legal limit – six month suspension
One of the worst experiences a person could have is being pulled over and accused of DUI. If you have been accused of a DUI you were probably stopped for weaving, swerving, speeding, another alleged traffic infraction, or involved in an accident. After being stopped by an officer you were taken from your vehicle and asked to perform feats of balance while an officer stood over your shoulder and analyzed your every step without really telling you what to do or how to do it. While not considering your nerves, your balance problems, your fatigue, your medical conditions and your mental state you were then told by that officer that you performed poorly on these roadside tests placed in handcuffs and arrested. After being whisked away to the jail you were sat in front of a machine and asked to blow repeatedly or simply refused to take a breath test. Your license was then taken from you and you were placed in a cell until the next morning. After your release from jail you wondered whats next, how can I fight this charge, should I fight this charge, how can I fight this charge, or what can I do……Call the Rickman Law Firm
If you have been arrested or charged with Driving Under the Influence it is important that you hire an attorney who can aggressively and effectively fight against the State’s accusations; an attorney who will be accessible to answer all of your questions and guide you through the entire Court process. Attorney Anthony Rickman, excels in repressing clients charged with DUI. Anthony Rickman utilizes his skills learned as a DUI prosecutor and perfected as a DUI Defense attorney to achieve favorable outcomes for his clients. As a Top rated DUI Lawyer in Florida by the NAFDD Mr. Rickman has a proven track record of favorable results for his clients accused of DUI.
Whether you’re facing a first time DUI conviction or multiple years in jail, your case is too important not to get the best legal representation. When hiring a DUI attorney it is important that you hire one who will go to Court and fight for you in front of the Judge and/or Jury. Mr. Rickman is a skilled and experienced, in repressing his DUI clients in all stages of their cases. As a proven litigator, Mr. Rickman has tried over 50 DUI case before juries. Anthony has also successfully argued countless motions before judges that ultimately resulted in his client’s DUI charge being dismissed. These motions involved the the unlawful stop of his client’s vehicle, the improper administration of Field Sobriety Exercises, the faulty breath/blood test, and violations of his clients miranda rights. If you feel that you were wrongfully stopped by the police, unlawfully questioned by the police, or your rights were violated during the officer’s investigation contact the Rickman Law Firm Immediately for a free consultation.
If you have been arrested for a DUI your license may be suspended for a period of 6 months if you blew over a .08, 1 year if you refused to take a breath test, or 18 months if you have previously refused a breath test. DO NOT DELAY, contact Anthony Rickman to assist you in getting your license back and fighting your DUI charge.
We have all seen the TV shows and heard the news reports of people being arrested in sting operations designed the catch adults using the internet to meet minors for sex acts. If you have been arrested, or accused of “Traveling to Meet a Minor”, or “Using the Computer to Solicit a Minor” it is important that you seek the services of an experienced attorney. Attorney Anthony Rickman has been successful in representing clients accused of Traveling to meet a minor. Contact us today for a free consultation.
Traveling to meet a minor is a serious offense and if convicted you do face the possibility of a substantial prison sentence and would be required to register as a sexual offender. The crime of Traveling to Meet a Minor to Commit an Unlawful Sex Act is committed when a person: Uses an on-line service, app, internet service, or electronic device to seduce, solicit, lure, or entice a person believed to be a minor child to engage in an unlawful sexual conduct; and Travels to a location for the purpose of engaging in sexual conduct with the child.. It should be important to note that to prove this crime the state does not need to show that you actually contacted the minor at the location just that you traveled. Furthermore the person you traveled to meet does not have to be a minor as long as there is sufficient evidence to establish your intent to meet a minor.
Often times a traveling to meet a minor charge is the product a government undercover sting operation. During these stings officers pose on websites, web apps and classifieds as minors for the purpose of finding those they believe are interred in sexual contact with minors. These Government operations involve tactics that could be illegal such as entrapment.
A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
Law enforcement cannot originate a criminal design, implant on an innocent person’s mind the disposition to commit the crime and then induce the commission of that crime so that the Government may prosecute. Often times in these to catch a predator cases law enforcement uses tactics to lure ordinary people to travel to a location by lying or deceiving the individual, seeking a person out when that person gives no indication they are looking for children and has no predisposition to commit the crime, by never stating or verifying their alleged age, by sending photos of attractive adults to the person as opposed to a child, or by instigating sexual conversation and enticing these individuals to travel to the officers location by manipulating their emotions or making repeated pleas.If you have been entrapped by law enforcement your case could be dismissed.
Florida Drug Charges:
One of the most common offices in our criminal Justice system are drug related offense. If you have been arrested for selling, purchasing, manufacturing, delivering, or possessing an illegal drug, there are many defenses that are available to you. When reviewing your case, we start from the time of the original police encounter and move to the time of arrest to determine if any portion of the police action was unlawful. An officer can only search a person pursuant to a protective sweep, in an exigent or emergency situation, incident to an arrest, with your consent, in hot pursuit, to conduct an inventory search, or in the course of a pat down or frisk. If your police encounter was unlawful, then any evidence obtained after the unlawful action can not be used against you. Questions that you should ask are:
If you have been accused of a Drug Crime in State or Federal Court DO NOT DELAY, contact Anthony Rickman at The Rickman Law Firm for a free consultation.
Attorney Anthony Rickman is a former domestic violence prosecutor dedicated to protecting the rights of those accused of Domestic Violence. As a prosecutor Anthony experienced first hand alleged victims who would fabricate, lie, and accuse innocent people of domestic violence. As a Defense Attorney, Anthony will represent you against the false accusations of your accuser and fight for your freedom, your reputation, and your rights. If you have been accused of domestic violence contact The Rickman Law Firm today for a free consultation.
“Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member constitutes domestic violence. “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
IF ARRESTED FOR DOMESTIC VIOLENCE YOU WILL BE HELD ON “NO BOND”
Being arrested for a domestic violence charge can be a frightening experience. Florida law requires that a “No Bond” status be set until he or she is brought before a judge to address one’s eligibility. Typically, the court will issue an order allowing “No Contact” between the victim and the arrestee, which usually forces the arrestee to vacate a once-shared home. Additionally, unlike most criminal charges, Domestic Violence cases cannot be sealed or expunged from your arrest record, unless you are acquitted or the charges are dismissed.
After your arrest You will appear before a judge who will address the issue of your bond. You will be advised of the charge against you and the judge will determine whether to set a bond or release you on your own recognizance. All paperwork relating to your arrest will be forwarded by the arresting agency to the Office of the State Attorney. Your case will be assigned to an individual who will make a determination whether to formally file charges against you. By hiring an attorney soon after your arrest, we will be able to contact the State Attorney’s Office at this early stage to begin our defense of your case. If a decision is made to file charges, our representation will continue as your case works its way through the court system. Your case will be assigned to a prosecutor and a division. We will maintain contact with the prosecutor and the courts to defend your charge and work towards a resolution in your best interest. Unfortunately an arrest cannot be undone. However, we will work to protect your interests and your rights leading you through every step of the criminal justice system.
Once you re-released, you must follow the specific court order as to whether you can return to your family home. If the court order allows your return, you will be able to reside in the family dwelling so long as you maintain no violent contact with any resident of the home. If the court order prohibits residing at the residence, you must have a law enforcement officer escort you to obtain any essential personal belongings. The court order and law enforcement will only allow certain items removed from the family home. We can assist in your understanding of the court’s order and possibly file a motion seeking more liberal visits or even return to the family home.
You must follow the specific court order as to whether you may have contact with the alleged victim or other associated party to your case. If the court ordered no contact, you must not attempt to contact the person in any way. All forms of communication (personal meeting, telephone, email, text message, fax, etc.) are completely prohibited. In addition, you must not ask anyone to make contact on your behalf. If the court allowed contact, you may have permission to make contact with the alleged victim in the case. We will assure that your rights are protected and assist you in having appropriate contact, as ruled upon by the judge, with the other party to your case. If the order is unclear or you would like to see different terms, we may be able to file a motion on your behalf seeking favorable relief. Violation of a court order could lead to additional criminal charges including but not limited to: contempt or violation of a domestic violence injunction, if one is in place.
Once you are arrested, the State of Florida becomes a party to the charge against you. Although there is an individual listed as the alleged victim, the case will be styled, “The State of Florida vs. you”. Therefore, even if the victim does not want to press charges, the State may proceed with prosecution. We will discuss and negotiate matters with the State Attorney’s Office drawing attention to factors in your best interest and supporting your defense.
A person who is classified as a sexual offender has many restrictions placed on their freedom, where they can live, where they can travel, and places they can go to. The failure of a sex offender to report to local authorities is a crime in Florida that may result in a lengthy prison sentence. If you have been accused, or arrested for failing to report as a sex offender, it is important that you contact an attorney immediately. Anthony Rickman at the Rickman Law firm represents sex offenders who have failed to report to local authorities.
Under Florida Law, a convicted sex offender is required to register with local authorities in the jurisdiction which they live, work and/or go to school. As a convicted sex offender you are required to report twice per year to your local sheriff’s office to advise them of your living location. Additionally, Florida Law requires you to report to your local Sheriff within 48 hours of you temporarily changing residence. A convicted sex offender must also report in person to the Department of Highway Safety and Motor Vehicles and must give a copy of a completed sexual offender registration form, in order to obtain a Florida identification card or driver’s license.
Failure to report as a sex offender is a third degree felony. If convicted of failure to report as a Sex Offender you face up to five years in Florida State Prison and/or five years probation. If you have been accused of failing to report as a sex offender contact us today for a free consultation
Lewd and lascivious battery (statutory rape) is a serious sex offense. As Florida Statute 800.04 states, the crime of lewd and lascivious battery is committed when a person engages “in sexual activity with a person 12 years of age or older but less than 16 years of age” or “encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.”
The penalty for lewd and lascivious battery convictions varies depending on the age of both the victim and the offender. If convicted of lewd and lascivious battery, a defendant faces a mandatory prison sentence and mandatory registration as a sex offender on the Florida Sex Offender Registry. Lewd and lascivious battery is a second-degree felony punishable by up to 15 years in prison and up to 15 years of probation. If the victim is under the age of 12, a conviction can result in a minimum prison sentence of 30 years. For defendants under the age of 18, lewd and lascivious battery is a third-degree felony punishable by up to five years in prison. Repeat offenders are committing a first-degree felony punishable by up to 30 years in prison.
Cases involving lewd and lascivious battery accusations are complex and offer limited defense strategies. For example, the victim’s voluntary consent is not a permissible defense strategy for lewd or lascivious battery cases, and neither is a lack of knowledge of the victim’s age, either by ignorance or misrepresentation by the victim. Lastly, the victim’s lack of chastity is not a permissible defense.
If you have been accused of a serious crime like lewd or lascivious battery, it’s important that you contact an attorney that is highly experienced in these types of cases. Anthony Rickman is a skilled, knowledgeable, and experienced criminal defense attorney who has successfully handled numerous cases and allegations of lewd or lascivious battery. Mr. Rickman has been able to present information, evidence, and arguments that have resulted in the state reducing charges or completely dropping charges of lewd and lascivious battery filed against his clients.. Don’t delay, contact Anthony Rickman today for a free consultation.