court Archives - Gans Law

Can a Petitioner Violate a Restraining Order in Florida?

by Brandon Gans | September 23, 2024 | Criminal Defense, Restraining Order | 0 Comments

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

by Brandon Gans | September 6, 2023 | Courts, Criminal Defense | 0 Comments

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

by Brandon Gans | August 14, 2023 | Criminal Defense, DWLS, suspended license, Traffic Ticket | 0 Comments

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?

by Brandon Gans | July 24, 2023 | Cases, Courts, Criminal Defense, Violate Probation | 0 Comments

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

by Brandon Gans | May 8, 2023 | Cases, Courts, Criminal Defense, Florida Laws | 0 Comments

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?

by Brandon Gans | January 17, 2023 | Cases, Criminal Defense, DUI, Florida Laws | 0 Comments

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?

by Brandon Gans | August 31, 2022 | Cases, Courts, Criminal Defense, Florida Laws | 0 Comments

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?

by Brandon Gans | July 27, 2022 | Criminal Defense, DWLS, suspended license, Traffic Ticket | 0 Comments

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

by Brandon Gans | July 14, 2022 | Florida Laws, Traffic Ticket | 0 Comments

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?

by Brandon Gans | June 30, 2022 | Criminal Defense | 0 Comments

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...