News & Posts
Can a Petitioner Violate a Restraining Order in Florida?
In Florida, a restraining order is a protective order designed to safeguard individuals from threats, harassment, or abuse. The order is typically issued against a respondent, the individual accused of the behavior, to protect the petitioner. Restraining orders are...
Resisting Arrest With and Without Violence in Florida
Whenever you encounter law enforcement and they go to arrest you, it is never a good idea to resist them as you can get into more trouble. If you resist arrest with violence, you’ll face even higher penalties. Resisting Without Violence According to Florida Statute...
Florida Traffic Tickets and Your Driving Record
When you get pulled over for a moving violation, you may wonder what is going to happen to your driving record. Is it something that prospective employers can see? If you decide to fight a traffic ticket, either by taking it to court yourself or hiring an attorney,...
Why is being on probation more dangerous than you think?
When facing potential jail time, most defendants prefer to be placed on probation instead of going to jail. Probation comes with many stipulations that many defendants fail to consider. Before accepting an offer of probation, consider the following: Florida Statute...
Misdemeanors and Felony Charges in Florida
Felonies and Misdemeanors differ in both the severity of the crime and of the penalties. Misdemeanors tend to be less severe crimes, so the punishments for these crimes tend to be lesser. The fines are relatively small, and you can only be held in jail for up to a...
What is the Penalty for First-Time DUI in Florida?
Driving Under the Influence (DUI), often referred to as “drunk driving,” is when a driver of a motor vehicle has a blood alcohol content (BAC) over the legal limit, or their normal faculties are impaired by drugs or alcohol. A DUI conviction in Florida comes with...
What is Disorderly Conduct?
In Florida, disorderly conduct is any behavior that disrupts a public space. Some common examples include making excessively loud noise, drunk and disorderly behavior, and fighting in the street. Florida Statute 877.03 defines disorderly conduct as acts that are of a...
Can You Lose Your License for Leaving the Scene of an Accident?
Under Florida law, it is a criminal offense for leaving the scene of an accident. Florida Statute 316.061 states that leaving the scene of an accident, also known as a “hit and run,” occurs when the driver of the vehicle involved in a crash resulting in damage to...
New Florida Law: Playing Loud or Excessive Music
On July 1, 2022, a Florida law went into effect that prohibits excessive music and other sounds from being played inside the vehicle. According to Florida Statute 316.3045, it is unlawful for any person operating or occupying a motor vehicle on a street or highway to...
What’s the Difference Between Assault & Battery in Florida?
Although assault and battery offenses in Florida are similar and are discussed together, they are two distinct criminal offenses. In Florida, the main difference between assault and battery is the absence or presence of physical contact. Assault is a verbal or...
What are Ignition Interlock Devices?
An ignition interlock device (IID) is a car breathalyzer that prevents drivers from starting their car until they blow into the device. In Florida, these are required for certain driving under the influence (DUI) convictions. An ignition interlock device is a proper...
What are the benefits of having your record expunged?
A Gans Law Guide to Clearing Your Past and Building a Brighter Future A criminal record doesn't have to define your future. At Gans Law, we believe everyone deserves a second chance — and Florida’s laws provide opportunities for just that through record sealing and...
Real Life Criminal Court vs. TV Court
The courtroom dramas you see on television are fictionalized versions of what actually happens in real-life criminal court. On TV, it seems as though every criminal case goes to trial, and the defense and prosecution must present their cases in front of a jury....
Orlando Street Racing Attorney
In Florida, street racing occurs when the driver competitively drives a vehicle in a speeding contest. Florida Statute 316.191 outlines the four aspects of racing in Florida: Speed or acceleration contest - driving any vehicle (including motorcycles) in any race,...
Can Florida Toll Violations Lead to a License Suspension?
In Florida, drivers are accustomed to the many toll roads across the state. With the advancements in technology, drivers can now use their E-Pass or SunPass to quickly pass through the toll booths. However, as with all technology, complications can arise, such as not...
Why Should I Hire a DUI Attorney?
If you get caught driving under the influence, you will be charged with a criminal case and will have to appear in court. This is something you can try and fight on your own, however, it is not recommended. Driving Under the Influence cases are very serious and the...
What is an SR-22 Document & Do I Need It?
There is a common misconception that SR-22 is insurance coverage. An SR-22 (“Safety Responsibility”) document is required when a driver is seeking to reinstate their license after it has been suspended for any reason, including a DUI conviction or reckless driving....
Top Halloween Crimes Committed in Florida
When you think about Halloween, you may think of the costumes, trick-or-treating and scary movies. However, you may not realize that Halloween is a popular night for alcohol-related crimes, especially underage drinking, as well as vandalism and theft. Alcohol-Related...
Florida Voting Rights for Felons
In 1868, immediately following the conclusion of the U.S. Civil War and the end of slavery in the south, the State of Florida passed an Amendment to the Florida Constitution prohibiting convicted felons from voting. Convicted felons in this State have been, and...
Tips for Avoiding a St. Patrick’s Day DUI in Florida
Did you know St. Patrick’s Day is the fourth most popular drinking holiday? According to Traffic Safety Marketing, drunk driving accounts for nearly one-third of vehicle-related fatalities in the United States. In 2019, 57 people nationwide were killed in...
License Suspension for Failure to Pay Child Support
Did you know that if you fail to pay child support, your driver’s license can be suspended? If you are 15 days past due in paying child support or fail to comply with a subpoena or order to appear, your license will be suspended.According to Florida Statute 322.058,...
Understanding the Florida Stand Your Ground Law
Enacted in 2005, the Florida Stand Your Ground Law immediately drew national media coverage. Gun advocate groups saw this as an expansion of their right to use deadly force when they feel threatened or when deadly force is imminent, while others saw this as turning...
What are the stages of a criminal case?
The criminal law system is a complex one to navigate alone. Having an experienced criminal defense attorney on your side can be very beneficial. Criminal defense attorneys must have a strong understanding of the criminal system to best help their clients. How the...
Top Christmas Crimes in Florida
Ugly Christmas sweaters at work parties are not considered a crime. However, shoplifting, package theft, domestic violence, and DUIs are all crimes—and they occur more frequently leading up to Christmas. Shoplifting, according to FindLaw.com, is referred to as "retail...
“Blackout Wednesday” – The Most Deadly Time of Year
What is Blackout Wednesday?It is the Wednesday night before Thanksgiving, marking the start of one of the deadliest times of the year when law enforcement sees a spike in DUI cases. According to Traffic Safety Marketing, from 2015 to 2019, 135 drivers involved in...
Understanding Miranda Warnings in Florida
When you are read the Miranda warning, you will be advised of the following: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be...
Will I Go To Jail For My First DUI?
If you are ever charged with a DUI (Driving Under the Influence), you’ll probably have a lot of questions, including: Can you go to jail for a first offense? For a first-time DUI in Florida, the answer depends on the severity of the case. Florida is tough on drunk...
5 Things Not to Do When Facing Criminal Charges
It can be a stressful and overwhelming time when you are facing criminal charges. From the moment of arrest to your final court appearance, it is best to have an experienced criminal defense attorney by your side. They can help you navigate this difficult process and...
What To Do When There Is A Warrant Out For Your Arrest
When a criminal offense is committed, an arrest warrant may be issued to bring the person before the court. If you believe there is a warrant out for you, it is best to contact a criminal defense attorney. An attorney will have the knowledge to guide you through this...
What is a Pretrial Diversion Program?
Pretrial Diversion programs are a form of deferred prosecution. They are typically intended for first-time offenders charged with misdemeanors or less-serious felonies. However, we can sometimes get clients into the program even if they have some criminal history or...
What Happens If I Miss My Court Date?
If you ever miss a court date, the court will issue a warrant for your arrest. As soon as possible, appear in court to recall the warrant. Acting quickly shows the court that you are serious about your case. Failing to act promptly can result in police showing up at...
False Accusations
Nobody ever wants to be accused of a crime—and it’s even worse if you never committed the crime. Criminal convictions carry serious penalties, including heavy fines or jail time. If you have been falsely accused of a crime, you should retain an attorney right away, as...
Landmark Florida Cases
Throughout history, there have been several landmark cases that have shaped the legal landscape in Florida and even the country. Let’s take a look at some of these cases. Gideon v. Wainwright In 1961, Clarence Gideon was arrested and charged with breaking and entering...
What’s the Difference? — Careless vs. Reckless
Do you know the difference between Careless Driving and Reckless Driving?Under Florida law, careless driving is considered a civil offense, while reckless driving is considered a criminal offense. Reckless Driving (Florida Statute 316.192):Reckless driving is defined...
Live Out of State but Arrested in Florida
Being arrested is never a pleasant experience, especially when the arrest happens outside of your home state. When arrested, no matter if you’re in your home state or out of state, you likely have to post bail and appear in court. According to Criminal Defense...
Is it Possible to Reinstate a Suspended License in Florida?
In Florida, there are a number of reasons for a suspended license, such as: Too many points Failure to pay traffic tickets or court costs Failure to pay red-light camera tickets or toll violations Failure to appear in court Being deemed a habitual traffic offender...
How COVID-19 is Impacting the Court System
Today, what one would typically expect at court has been altered by COVID-19. As a result, each courthouse in each circuit has issued administrative orders that control court operations during this pandemic. In most Florida Judicial Circuits, these orders have...
Domestic Violence – How to Stay Safe During the Holidays
The holidays can be a stressful time for everyone, more so for those dealing with domestic violence or abuse. According to Women Against Crime, domestic abuse increases over the holidays, for a number of possible reasons Stress from holiday shopping, finances, and...
The Juvenile Delinquency Process
If your child has been arrested, they will appear before a judge within 24 hours to determine whether the child shall be taken into custody (“secure detention”) or released. This hearing is known as a detention hearing. The detention hearing is largely controlled by a...
Florida’s Texting While Driving Law
Most of you may have heard about Florida enacting a law regarding “Texting While Driving,” but you may not fully understand the extent of it. Florida Statute 316.305, also known as “Florida’s Ban on Texting While Driving Law,” outlines what constitutes texting while...
DWLS: Traffic Ticket vs. Criminal Charge
Your driver’s license may be suspended for several reasons, including failure to pay traffic tickets, court costs, child support, FR judgments, or point suspension, to name a few. If your license is suspended and you are stopped while driving, it is likely that you...
What is the Penalty for a First Time DUI?
Driving Under the Influence (DUI), often referred to as “drunk driving,” occurs when the driver of a motor vehicle has a blood alcohol content (BAC) over the legal limit or when their normal faculties are impaired by drugs or alcohol. The standard BAC limit is .08 in...
Criminal Defense is an Essential Business
Many businesses have changed their operations in response to the Coronavirus pandemic, and we are all doing our part by staying home as much as possible. Both local and statewide stay-at-home orders have been issued, with exceptions for essential businesses. Gans Law...
What to Expect at Court
By Attorney Daveta Williams If it is your first time in the criminal justice system, you may wonder what to expect at court. Typically, what you can expect at court is a number of legal professionals addressing their cases, one by one, before a presiding judge. The...
Sealing and Expungement of Your Criminal Record
Were you found not guilty of a crime? Was your case dismissed? Had Adjudication Withheld? Are you currently looking for employment or enrolling in school? If so, you should consider sealing and expunging your Florida criminal record.