9724 North Armenia Avenue, Suite 400, Tampa, FL 33612 | P: 813.739.1776 | F: 813.933.9465 | E: mail@tisonlawgroup.net
Satellite Office: 6152 Delancey Station Street, Suite 205, Riverview, Florida 33578
Serving Your Legal Needs
Satellite Office:
6152 Delancey Station Street, Suite 205, Riverview, Florida 33578
Frequently Asked Questions
Common questions we receive from our clients
To find out more about a particular topic, please click on any question below that topic.
Common Frequently Asked Questions
Q: I was arrested last night, what happens now?
A: After an arrest, your case progresses to the State Attorney's Office for review and determination on whether formal charges will be filed. Some misdemeanor charges will automatically proceed to court. Other misdemeanors and all felony charges are reviewed by an attorney or paralegal to determine whether an Information (or formal charging document) will be filed. By contacting Tison Law Group prior to the filing of the Information, we may be able to intercede with the Intake attorney and negotiate a pre-file resolution or, depending on the facts, possibly an early dismissal of the charges. It is often in your best interest to contact an attorney early on to begin working on your defense. Feel free to contact Ty or Frances to answer your additional questions.
Q: I was charged with a DUI, can I still drive?
A: When you are charged with a DUI, if your license was otherwise valid, you may continue to drive for the 10 days following your arrest. The DUI charge causes you to face two battles: 1. You must address your license which may be suspended based on a refusal to submit a breath, urine or blood test or a breath result over .08 and 2. You must address the criminal charge. To continue driving past the first 10 days, you must request a hardship license through the Department of Highway Safety and Motor Vehicles. Tison Law Group can take care of this for you. It is very important to address your DUI charge within the first 10 days. After the first 10 days, though you will still have time to address your criminal charge, your right to challenge your license suspension expires. Tison Law Group can take care of all procedural matters for you: we will set your court date, apply for your temporary/hardship license, request a hearing to challenge your license suspension and walk you through this challenging process. Feel free to contact Ty or Frances to answer your additional questions.
Q: I was charged with a misdemeanor, what does that mean?
A: A misdemeanor crime is defined as an offense punishable by less than 1 year in the county jail. Many offenses fall under the misdemeanor category (assault, battery, possession of marijuana less than 20 grams, possession of open container of alcohol, petit theft, and trespass - to name a few). Tison Law Group can assist you in your defense of a misdemeanor charge. With over 25 years of experience and our work as former State Attorneys, we can guide you through the legal system and lead the defense of your charge. Feel free to contact Ty or Frances to answer your additional questions.
Q: I was charged with a felony, what does that mean?
A: A felony crime is defined as an offense punishable by more than 1 year in the county jail. Felonies are broken down into degrees from third degree (the last serious) to Capital. A third degree felony is punishable by a maximum of five years in prison. A second degree felony is punishable by a maximum of fifteen years in prison. A first degree felony is punishable by a maximum of thirty years in prison. A life felony is punishable by a maximum of life in prison. A capital felony is punishable by the death penalty. Just because you are charged with one of these offenses does not mean you face the maximum punishment. Tison Law Group can assist in your defense of these charges. With over 25 years of experience and our work as former State Attorneys, we can guide you through the legal system and lead the defense of your charge. Feel free to contact Ty or Frances to answer your additional questions.
Q: I was given a Criminal Report Affidavit (CRA) or Notice to Appear, what does that mean?
A: Though you were not transported to jail, a CRA or Notice to Appear serves as a technical arrest on a misdemeanor charge. If you possessed a valid driver's license and had no significant prior record, an officer can give you the benefit of a CRA or Notice to Appear which essentially releases you on your own recognizance. You must still address the charge and appear in court for your arraignment. Tison Law Group can assist you in your defense of this charge. With over 25 years of experience and our work as former State Attorneys, we can guide you through the legal system and lead the defense of your charge. Feel free to contact Ty or Frances to answer your additional questions.
Q: How does a bond get reduced?
A: Each county has their own standard bond schedule and when first arrested standard bonds are assigned to charges. Once the bond is posted by paying the cash amount or going through a bondsman, a person may be released from jail. Individuals charged with most offenses are entitled to a bond. If charged with a capital felony, one is not entitled to a bond. If charged with a domestic violence offense, one must see a judge before being released from jail. If the bond amounts are too high for an individual to afford, it is possible to ask a Judge for a bond reduction. Several factors will be taken into account before the Judge rules on whether a bond may be reduced. These factors include but are not limited to: severity of offense, facts as stated by law enforcement, prior record, ties to the community and ability to post bond. Tison Law Group can assist you with pursuing a reasonable bond. With over 25 years of experience and our work as former State Attorneys, we have a great deal of experience with bond motions and the local courts. Feel free to contact Ty or Frances to answer additional questions about pursuing a reduced bond.
Q: Do I need to hire a lawyer?
A: Hiring a lawyer is a very individual choice. The legal system can be confusing and complicated. Hiring a lawyer can definitely facilitate this process. Lawyers are trained and experienced in the statutes, case law and local rules governing the legal situation you face. Tison Law Group focuses in the areas of criminal and personal injury law. Focusing on narrow areas allows us to dedicate our time and attention to the ever-changing case law. It is important to know your lawyer's training and experience. With over 25 years of experience and our work as former State Attorneys, we have a great deal of experience in courtroom procedure, research writing and trials. In addition, Ty and Frances make themselves available to their clients to answer questions and provide personal attention. Feel free to contact Ty or Frances to answer your questions and allow us to demonstrate our ability to serve you.
Q: Am I going back to jail? What type of punishment do I face?
A: Though you may have been arrested, whether or not you will be convicted and your sentence will include incarceration will depends on many factors. A lengthy prior record and a serious charge may mean you face incarceration. However, every case is very different. Tison Law Group will take time to thoroughly analyze your case from the early stages and continue our analysis and strategizing as more information is obtained through discovery and independent investigation. We will aggressively defend your case. We will . We will work towards achieving the best results which will have the least impact on you. Feel free to contact Ty or Frances to answer your questions and allow us to demonstrate our ability to serve you.
Q: My case has been set for an arraignment, what does that mean?
A: An arraignment is an initial hearing at which time a plea is entered. If you elect to retain Tison Law Group to represent you, we will file a plea of not guilty on your behalf as we begin defense of your case. Under Florida Rules of Criminal Procedure, we are authorized to waive your appearance so you do not have to take time out of your schedule to attend this hearing. You can put your trust in our years of experience. We will guide you through the process, answer all of your questions and work to achieve the best possible result on your case. Feel free to contact Ty or Frances to answer your additional questions.
Q: My case has been set for a disposition, what does that mean?
A: A disposition hearing or sometimes, pre-trial hearing, is another name for a status conference. Often times, Tison Law Group, as your legal representative, can waive your appearance at this hearing and attend on your behalf. A disposition/ pre-trial hearing/ or status conference is an appearance before the Judge presiding over your case. The Assistant State Attorney, your attorney and the Judge are in attendance. The Judge will be advised of the current status of your case and your case will be scheduled for another status conference or possibly a trial. Your case may also be resolved during a disposition/ pre-trial hearing/or status conference. You will be consulted about these hearings and kept informed of what transpires throughout our representation of you. Feel free to contact Ty or Frances to answer your additional questions.
Q: What happens when I go to court?
A: Going to "court" or attending a court appearance is not the same as going to "trial." Your case may be scheduled for several court hearings throughout the defense of your case. Depending on your charges, we may able to waive your appearance at your court hearings thereby saving you time and stress involved with appearing in court. In many situations, you will only need to attend court one time for a final hearing on your case. Very few cases actually make it to the trial stage. A trial is a very involved process which requires great preparation and may involve severe consequences if the outcome is unfavorable. Before scheduling your case for trial, Tison Law Group would thoroughly analyze and investigate your case and have an in depth discussion with you so you may make an informed decision on how to proceed with your defense. With over 25 years of experience and our work as former State Attorneys, we have a great deal of experience in courtroom procedure, research writing and trials. In addition, Ty and Frances make themselves available to their clients to answer questions and provide personal attention. Feel free to contact Ty or Frances to answer your questions and allow us to demonstrate our ability to serve you.
Q: Do I have to go to trial?
A: In short, no. Very few cases actually make it to the trial stage. A trial is a very involved process which requires great preparation and may involve severe consequences if the outcome is unfavorable. Before scheduling your case for trial, Tison Law Group would thoroughly analyze and investigate your case and have an in depth discussion with you so you may make an informed decision on how to proceed with your defense. With over 25 years of experience and our work as former State Attorneys, we have a great deal of experience in courtroom procedure, research writing and trials. In addition, Ty and Frances make themselves available to their clients to answer questions and provide personal attention. Feel free to contact Ty or Frances to answer your questions and allow us to demonstrate our ability to serve you.
Q:What is the difference between an adjudication and withhold of adjudication?
A: The term adjudication is synonymous with conviction. If the court agrees to withhold adjudication, this means you are not formally convicted of the charge. If adjudication is withheld on a felony, this means you are not a convicted felon and your Constitutional rights are not affected. On a misdemeanor charge, neither an adjudication nor a withhold of adjudication will interfere with your right to vote. A conviction on some misdemeanor offenses will have an effect of your driver's license or right to bear arms. Some charges require an adjudication under the statutes. Tison Law Group will take time to explain to you the potential consequences of your charges. With our experience and training, we will guide you through the legal system and work to achieve the best possible result on your case. We will fight to protect your Constitutional rights. Feel free to contact Ty or Frances to answer your additional questions.
Q: What does it mean to be on probation?
A: Probation is a form of supervision for which you will be required to report, usually, once a month. Probation requires you to abide by all laws, remain clean of any controlled substances, pay monthly cost of supervision and depending on the specific terms of probation, which would be announced at the time you are sentenced, you may have special conditions to complete while on probation. Special conditions would pertain to the charge and may include community service, anger management, controlled substance evaluation, and/or restitution. Typically, if a person faces probation, the terms are negotiated with the State Attorney and would be known prior to entering a plea.
Q: Does my employer have to find out about my arrest?
A: Depending on your particular employment policy, you may or may not be obligated to report your arrest to your employer. Tison Law Group will discuss your obligations with you and assist in the review of this policy. However, it is important to realize all arrest information is public record and in many circumstances the information is available through the internet. Though you may not be required to report your arrest, you may have to answer to inquiries. We will guide you through this process and assist you in how to answer inquiries. Often times it is important to truthfully acknowledge your arrest but not discuss any details as this could potentially jeopardize your defense.
Feel free to contact Ty or Frances to answer your additional questions.
Criminal/DUI
Q: I was arrested for a DUI. What do I need to do now?
A: An arrest for DUI requires you to do many things. Tison Law Group will guide you through the process and handle many of these tasks for you. If you are charged with a DUI and you submitted a breath sample with a result over .08 or if you refused a breath test, you will face an administrative suspension of your license. This suspension can only be challenged within the first 10 days. If you fail to act within the first 10 days, you forever lose the right to challenge this administrative suspension. In addition to the administrative license suspension, you face a criminal charge for which you will have to appear in court before a Judge. As your attorney, Ty or Frances can appear in court on your behalf and your presence will not be necessary. Call Tison Law Group today for a free consultation and more information on how we can serve you.
Q: I was charged with a DUI, can I still drive?
A: When you are charged with a DUI, if your license is otherwise valid, you may continue to drive for the 10 days following your arrest. The DUI charge causes you to face two battles: 1. You must address your license which may be suspended based on a refusal to submit a breath, urine or blood test or a breath result over .08 and 2. You must address the criminal charge. To continue driving past the first 10 days, you must request a hardship license through the Department of Highway Safety and Motor Vehicles. Tison Law Group can take care of this for you. It is very important to address your DUI charge within the first 10 days. After the first 10 days, though you will still have time to address your criminal charge, your right to challenge your license suspension expires. Tison Law Group can take care of all procedural matters for you: we will set your court date, apply for your temporary/hardship license, request a hearing to challenge your license suspension and walk you through this challenging process. Feel free to contact Ty or Frances to answer your additional questions.
Q: I refused the breath test, will that help or hurt my case?
A: Every case is unique. Florida law does require a licensed driver to submit to a chemical test of your breath, urine or blood. The laws require a longer administrative license suspension when a person refuses a breath test. However, the refusal may be challenged on various grounds through both the administrative and court system. Proper steps must have been taken by law enforcement in order for the refusal to be used against you. Allow Ty or Frances to further explain the details of this process to you. Call today for a free consultation.
Q: My breath result was over .08, can I still fight the charge?
A: Regardless of your breath result it is still important to have a lawyer review your case. Under Florida law, a breath result can only be requested after a lawful arrest. We will analyze your case to determine whether a lawful stop was conducted, whether a lawful investigation occurred and whether you were lawfully arrested. Subsequent to your arrest, law enforcement officers must follow additional legal guidelines in order to obtain a valid breath sample. Further, the breath machine must comply with numerous Florida laws. The State of Florida is required to produce evidence of proper monthly and annual inspections of the breath machine as well as proper conditions for the daily maintenance of the machine. Therefore, though your breath result may be over a .08, you still may have many legal challenges that can be raised. Call Ty or Frances for a free consultation and to further discuss the specific facts of your case.
Q: With a breath result over .08, can I still plead "not guilty?"
A: I would just rather get this over with. Regardless of your breath result, it is important to analyze all aspects of your case before entering a guilty or no contest plea to DUI. Entering a "not guilty" plea on your behalf is standard practice while discovery and all evidence is collected from the State. This will not put you at a disadvantage but rather will provide the opportunity to review and possibly challenge the charge against you. If there is a legal challenge to the traffic stop or the investigation or the breath results, it is possible your charge could be reduced or even dismissed. A DUI can have long term effects on your license and auto insurance. A thorough review and legal challenge can possibly achieve a better result.
Q: I have been charged with one or more DUIs in the past, will that make a difference?
A:Yes. Florida statutes set forth minimum mandatory sanctions for a DUI including specific sanctions if a person has one or more prior DUIs. Ty and Frances have a great deal of experience defending DUIs and stay informed of current changes in the law. Call today for a free consultation and explanation of how your specific record can effect your current charge.
Q: How can a lawyer help me challenge a DUI charge?
A: Though a law enforcement officer found probable cause to conduct an arrest, there are many aspects to your case that can be reviewed and possibly challenged. Our membership in local and state bar associations as well as continuous updates on the ever-changing DUI laws gives us a unique perspective in analyzing your case. We will request discovery from the State Attorney's Office. Florida law requires the prosecutor to turn over all police reports, videos, evidence of breath, blood or urine results and any other evidence the State intends to use against you in your case. Upon receipt of this evidence, Ty and Frances will carefully review the information to determine whether the law enforcement investigation was within the confines of current laws. Our job is to make sure your rights are protected and were not violated throughout the course of the investigation or arrest. Feel free to call to speak with Ty or Frances for further details and an initial evaluation of your case.
Q: I was charged with DUI Manslaughter, what is going to happen now?
A: DUI Manslaughter is a serious charge with many potential consequences. Florida Statutes were recently amended to include a minimum mandatory 4 year prison sentence upon conviction of this charge. Ty and Frances are experienced in defending this charge and can further explain to you the many areas of defense available to you. Call today to schedule an office visit for a free consultation and further discussion of the specific facts and details of your case.
Q: I was charged with DUI resulting in Serious Bodily Injury, what is going to happen now?
A:DUI resulting in Serious Bodily Injury is a felony charge with many potential consequences. Many issues need to be carefully addressed when facing this charge. Some of the potential legal challenges include: whether there was probable cause to make an arrest; whether serious bodily injury actually occurred; whether proof exists you were driving the vehicle; whether proof exists you were impaired at the time of driving; whether the investigation was lawfully conducted; whether breath, urine or blood samples were lawfully obtained. If you hire Ty and Frances to represent you, they will carefully analyze all aspects of your case and carefully discuss with you your options in defending against this charge. Call today to schedule an office appointment for a free consultation and further discussion of the specific facts and details of your case.
Q: I have never been in trouble before, will that help me?
A:Florida law has set forth minimum mandatory sanctions that accompany a DUI charge. However, your background and life experiences coupled with the specific facts of your case will be analyzed by Ty or Frances and properly presented to the prosecutor assigned to your case. Many factors can work in your favor in attempting to seek a reduced charge. A clean prior record can work to your advantage depending on the other facts and circumstances of your case. Please call Ty or Frances for a free consultation and to further discuss your options.
Q: Will I need to go to court?
A:A first or second DUI is a criminal misdemeanour offense and therefore the case will go through the county court system. When you hire an attorney, your appearance can be waived for various hearings. The court system is very busy with a great number of cases. It is not at all a disadvantage for you not to appear in court. As your attorney, we enter a plea of not guilty at your arraignment and appear on your behalf at subsequent status hearings. If a legal motion is filed or a plea agreement has been negotiated or the case is proceeding to trial, you will be fully informed and appear in court with Ty or Frances at the appropriate time. Please call for a free consultation and Ty or Frances will further discuss the court process with you.
Q: Will I need to go to trial?
A:Though every case has to go through the court system, this does not mean you will necessarily go to trial. Ty and Frances are both experienced trial attorneys and Frances has earned the designation of Board Certified Criminal Trial attorney from the Florida Bar. Both are competent and capable of taking your case to trial and defending you to either a jury or judge. However, whether a case goes to trial is a decision to be made after full review of the facts and evidence. All evidence the State has on your case will be requested on your behalf. You will have the opportunity to review this evidence and Ty and Frances will both analyze your case. Your options will be discussed with you and it will be your decision whether to take your case to trial.
Q: Will I have to go to jail?
A:A DUI is a criminal offense punishable by jail. Though most first time offenses do not result in a jail sentence, a second or subsequent offense may face a jail term pursuant to statutory requirements. Tison Law Group can assess your case and try to put you in the best possible position to not face a jail sentence. Often times you will be put at ease after having an attorney review your case and explain your rights to you. Call today for a free consultation and to further discuss the facts of your case.
Q: Why is it beneficial to have my DUI reduced to Reckless Driving?
A: 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.
Q: I also received a speeding/ running red light/ other ticket with my DUI, what should I do with it?
A:Do not pay the other tickets received with your DUI. When you hire an attorney to address your DUI charge, we will also file a notice of appearance and plea of not guilty on any accompanying ticket or other criminal charge. The cases will go through the court system together and will resolve all at one time. Often times the Judge is willing to merge and dismiss civil infractions or withhold adjudication thereby saving you money and/or points on your driver's license. Call to speak with Ty or Frances for further details about the court process and the charges you face.
Q:Do I need to tell my employer about my arrest?
A:If you have an employee handbook, you should consult it for rules and procedures regarding an arrest. You should follow those rules and guidelines. If you do not have an employee handbook, you should use your best judgment in whether to disclose the arrest to your employer. However, you should not discuss the specific facts of your case with anyone. Disclosing the arrest itself may be necessary but you should not discuss the details of your arrest. Ty or Frances can further explain the importance of invoking your right to remain silent regarding the specific details of your arrest.
Q:Do I need to tell my insurance company about my arrest?
A:Unless your insurance policy specifically requires you to notify them of a DUI charge, you do not need to notify the company. If contacted by your insurance company, you should remind them you have been charged but not convicted. The outcome of your case in court can have a profound difference in the adjustments, if any, that will occur with your auto insurance. Ty and Frances can further explain/discuss this with you.
Q:Why should I choose Tison Law Group over another law firm?
A:Tison Law Group is a boutique law firm focusing on the areas of criminal defense and personal injury. Ty and Frances were both born and raised in Tampa and have spent the majority of our careers in the Tampa Bay area. We have worked as State prosecutors and therefore know what the state needs to prove their case and where deficiencies lie. Frances served as County Court Director of the Hillsborough State Attorney's Office and in that role was responsible for training and supervising all new assistant state attorneys and supervising the prosecution of all DUIs in Hillsborough County. We are actively involved in local bar associations and defense attorney networks. We stay informed of changes in the law and therefore will know how to best defend your case. When you hire our firm, you have two attorneys working on your case. We keep our clients informed of every aspect of their defense and are always available to answer questions or explain the court process. We treat your case as if it were our own and serve you with honesty and integrity. Call today to speak with Ty or Frances for a free consultation.
Domestic Violence
An arrest for domestic violence has resonating effects on one’s entire family. In addition to the family situation to address, one must answer to the judicial system.
What makes the crime “domestic violence”? 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. (§ 741.28)
Q: You’ve been arrested, what happens now?
A: 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.
Q: Can I return to my family home?
A: 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.
Q: Can I speak with my spouse/family member?
A: 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 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.
Q: What happens if the court order is violated?
A: 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.
Q: What happens now with the charges?
A: 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 first division court appearance will be an arraignment where a plea of not guilty, no contest or guilty is entered. We will enter a plea of not guilty on your behalf and take time to investigate the case against you. 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. If permitted by the court, we will waive your appearance at court hearings saving you valuable time. As your attorney, we will aggressively defend the charge against you.
Q: What if the victim does not want to press charges?
A: 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, 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.
Injunctions
Q:What is an injunction? (784.046)
A: An injunction is also known as a restraining order and can be granted for Repeat Violence, Domestic Violence, Dating Violence or Sexual Violence. An injunction is a court order preventing contact between two or more individuals. A violation of the injunction can lead to criminal prosecution.
Q: How do I obtain an injunction?
A: We can help you file an initial petition for injunction for protection. The party filing for the injunction is called the “petitioner.” A sworn statement is submitted to the clerk’s office for review by a county court judge. The judge will determine whether the sworn statement contains sufficient evidence to grant a temporary injunction. We will ensure all documents are in order and help you determine if an injunction is appropriate for your situation. The case will be set for hearing as both parties have the right to be heard in court. If the temporary injunction is granted, the Sheriff’s Office will serve the injunction on the opposing party, known as the “respondent.” The temporary injunction will be accompanied by paperwork advising both parties of the date and time of the hearing. If either party fails to appear, the outcome may be affected to that party’s detriment. In some cases, the Judge may not grant a temporary injunction but will set a hearing to gather more information and determine whether to grant a permanent injunction. We will appear with you for the hearing. We will make arguments to the court on your behalf and cross examine any witnesses on the opposing side. We will stand by you at every stage of the process. The Judge will hear arguments at the hearing to determine whether to issue a permanent injunction.
Q:I have been served with an injunction, what do I do now?
A: The injunction is set for a hearing where you have the opportunity to address the matter before a Judge. If you simply ignore the injunction hearing, the Judge will likely grant the petitioner’s request for an injunction. You have the right to cross examine the petitioner and all witnesses called to testify. You also have the right to testify and call witnesses who may have relevant testimony to convey to the court. If an injunction is granted against you, some of your constitutional rights may be affected. The court can order you to relinquish all firearms and your freedom of movement may be restricted if a court restricts locations you may go in relation to the petitioner. We can assist you in evaluating the petition for injunction and prepare for the hearing. We will serve as your counsel at the hearing cross examining witnesses, objecting to irrelevant or legally inadmissible testimony. We will also present your case to the court and call witnesses on your behalf who may have relevant testimony to offer. We will make arguments to the court on your behalf protecting your interests and protecting your legal rights.
Q:How long does it last? (7) (c)
A: An injunction will remain in full force and effect until modified or dissolved by the issuing court. Neither party may change the terms of the injunction without a court order. However, either party may move at any time to modify or dissolve the injunction.
Q: Who can get an injunction?
A: You may apply for an injunction if you are the victim of Repeat Violence, Domestic Violence, Dating Violence or Sexual Violence. If you have experienced any of these situations, we can help you apply for the appropriate injunction and continue our representation of you through the court proceedings.
Q: What are my rights?
A: Your constitutional rights apply through the injunction process. You have the right to a hearing before a court prior to the entering of a permanent injunction. You have the right to challenge an injunction already issued by a court. You have the right to cross examine any witnesses against you. All rules of evidence apply to injunction hearings. A court cannot grant injunction based on hearsay or other irrelevant or legally inadmissible evidence. We will see to it your rights are protected.
Q: What if the injunction is violated? (748.047)
A: A violation of an injunction is a first degree misdemeanor. A person found to have violated a civil injunction can face criminal prosecution. A person who willfully violates an injunction by refusing to vacate a dwelling pursuant to court order; by going to a residence, school, place of employment, or specified place regularly frequented by the other party; by committing a new act of violence; by any other violation of the injunction through an intentional threat, word or act to do violence; or by telephoning, contacting, or otherwise communicating with the other party directly or indirectly can be found in violation of the injunction.
Q: Can I file for an injunction if I did not call the police?
A: Yes. An injunction is a civil action and is separate and apart from a criminal action. Even if law enforcement was not contacted on a particular matter, if an action constitutes repeat, domestic, dating or sexual violence, you may apply for an injunction and seek a hearing before a county judge.
Pretrial Diversion Program
Let us help you determine whether you are eligible for a Pre-Trial Diversion Program. Taracks Herron and Associates will contact the State to ensure your eligibility and facilitate your enrollment in a program. There are great benefits to taking advantage of a program like Pre Trial Intervention (PTI) or a Misdemeanor Intervention Program (MIP). PTI and MIP are similar to probation in that you report monthly to an officer and complete community service and/or other sanctions specific to the offense charged. Upon completion of the program, the charge will be dismissed. If otherwise eligible, you may then have the charge sealed or expunged from your record.
Q: Do I have to enter a plea?
A: Most counties do not require a plea to enter the Pre-Trial Intervention program. You will be required to waive your right to a speedy trial. That is, on a misdemeanor charge, you have a right to have your case tried within 90 days; on a felony case you have a right to have your case tried within 175 days. If you take advantage of the Pre-Trial Intervention program you will be required to waive your right to a speedy trial. If you do not complete the program, the case will return to court for prosecution.
Q: How much does it cost?
A: The cost of the program depends on the charge and the rate at which terms are completed. Costs will include a monthly cost of supervision as well as payment for any ordered classes, drug testing or treatment programs ordered as a condition of the program. The crime charged will determine what conditions are required during the course of the Pre-Trial Intervention Program. A misdemeanor program typically will last from 3 to 12 months. A felony program will last from 9 to 24 months. Often times, a program can finish early if terms are completed early.
Q: How long does the program last?
A: A misdemeanor program typically will last from 3 to 12 months. A felony program will last from 9 to 24 months. Often times, a program can finish early if terms are completed early.
Q: Where do I report?
A: After the case is closed in court, you will report to a supervision officer with the Salvation Army for misdemeanor offenses or with the Department of Corrections for felony offenses.
Sealings/Expungements
Q: What does it mean to get my record sealed or expunged?
A: By having your record sealed or expunged, the record of your arrest and the case against you will be removed from the public record. You will also be permitted to legally deny or fail to acknowledge that you were even arrested in most circumstances. By retaining our firm to represent you, we will represent you through every stage of the sealing or expunction process. We will first determine whether you are eligible before we charge you for your representation.
Q: What is the effect of having my record sealed?
A: A sealed record is confidential and no longer a matter of “public record.” The record would only be available to you, your attorney, to a criminal justice agency for their respective criminal justice purpose, to the Florida Bar if a you become a candidate for admission, to the Department of Children and Family Services or the Department of Juvenile Justice if you are seeking employment or seek to become a contractor or licensee of one of these agencies, or if you are seeking to become a teacher or seek other specified employment with the Department of Education, district school board or other local governmental entity which licenses child care facilities. Once your record is successfully sealed, you may lawfully deny or fail to acknowledge the arrest unless you are applying for or the subject of one of the previously mentioned situations.
Q: What is the effect of having my record expunged?
A: An expunged record is physically destroyed or obliterated by any criminal justice agency having custody of such record. Any criminal history record in the custody of the Florida Department of Law Enforcement is retained pursuant to Florida Statute. The retained record is confidential and exempt from public record and not available to any person or entity except upon order of a court. Once your record is expunged, you may lawfully deny or fail to acknowledge the arrest covered by the expunction unless you are a candidate for employment with a criminal justice agency; you are the defendant of a subsequent criminal prosecution; you are concurrently or subsequently petitioning for a sealing or expunction; you are a candidate for admission to the Florida Bar; you are seeking employment of licensure or to contract with the Department of Children and Family Services or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly; or you are seeking to be employed or licensed by the Office of Teacher Education, Certification, Staff Development, and Professional Practices of the Department of Education, any district school board, or any local governmental entity that licenses child care facilities.
Q: Can I have all of my criminal offenses sealed or expunged?
A: The courts may only order sealing or expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity. Let us help you determine whether you are eligible for the sealing or expunction or your record free of charge.
A criminal history involving a plea to a violation of any of the following sections may not be expunged:
§ 787.025 Luring or enticing a child
ch. 794 Sexual battery
§ 796.03 Procuring person under 18 for prostitution
§ 800.04 Lewd and lascivious upon or in the presence of a person under 16
§ 817.034 Communications fraud
§ 825.1025 Lewd and lascivious upon or in the presence of elderly or disabled
§ 827.071 Sexual performance by a child
ch. 839 Offenses by public officers and employees
§ 847.0133 Protection of minors; prohibition of acts in connection with obscenity
§ 847.0135 Computer pornography
§ 847.0145 Selling or buying of minors
§ 893,135 Trafficking
§ 907.041 Arson; Aggravated assault; Aggravated battery; Illegal use of explosives; Child abuse or aggravated child abuse; Abuse of an elderly person or disabled adult or aggravated abuse of an elderly person or disabled adult; Aircraft piracy; Kidnapping; Homicide; Manslaughter; Sexual battery; Robbery; Carjacking; Lewd and Lascivious or indecent assault upon or in the presence of a child under 16; Sexual activity with a child 12 or older but under 18; Burglary of a dwelling; Stalking and aggravated stalking; Act of domestic violence; Home invasion robbery; Act of terrorism; or Attempting or conspiring to commit any such crime.
Q: Am I eligible to get my record sealed?
A: If you have never been adjudicated guilty of a criminal offense; have not been adjudicated guilty or adjudicated delinquent for committing any act stemming from the arrest or criminal charge which you wish to seal; you have never secured a prior sealing or expunction of a criminal record; you are no longer under court supervision applicable to the disposition of the arrest or criminal charge which you wish to seal; and you did not enter a plea to one of the above listed offenses, you should be eligible to have your record sealed. Let us help you determine if you are eligible to have your record sealed, free of charge.
Q: Am I eligible to get my record expunged?
A: If you have never been adjudicated guilty of a criminal offense; you have not been adjudicated guilty or adjudicated delinquent for committing any of the acts stemming from the arrest or criminal charge you wish to have expunged; you have not secured a prior sealing or expunction of a criminal record; if no charging document was filed or issued in the case; or if an indictment or information was filed, the charge was dismissed or nolle prosequi by the state attorney or statewide prosecutor or was dismissed by the court; and you did not enter a plea to one of the above listed offenses you should be eligible to have your record expunged. Let us help you determine if you are eligible to have your record expunged, free of charge.
After An Auto Accident
Q: Who will pay my medical bills after an auto accident?
A: Florida is a “no-fault” state, which means your own automobile insurance company will pay for a portion of your medical expenses in accordance with the contractual guidelines of your insurance policy under your personal injury protection coverage. However, there are limitations as to how much they will pay.
Q: Who will pay for my lost wages?
A: Under your personal injury protection coverage your own insurance company will also pay a specified portion of your lost wages. Again, there are limitations we would be glad to discuss with you.
Q: Who will pay for the damage done to my vehicle.
A: In most cases the, “at-fault” parties insurance company will pay for any damage to your vehicle. Sometimes though it may actually be to your advantage to have your own carrier pay for your car if they are contractually obligated to do so.
Q: If the “at fault” party doesn’t have insurance, may I still make a recovery for my injuries?
A: If your auto insurance policy contains underinsured/uninsured motorists coverage, then under most circumstances you can recover for your injuries even though the at fault party is not insured.
Q: What types of damages can I recover?
A: If you have been injured due to someone else’s negligence you could receive compensation for the following: bodily injuries, past and future pain and suffering, disability, disfigurement, out of pocket expenses, past and future loss of earnings, past and future medical care, aggravation of pre-existing injuries and loss of enjoyment of life.
Q: If the “at fault” parties insurance company attempts to contact me, must I speak with them?
A: NO. You are REQUIRED to contact your OWN insurance company of any damages or injuries which occurred as a result of the accident. However, it is almost NEVER in your best interest to speak with the OTHER PARTIES insurance company and/or agree to “recorded statement” as this recorded statement can be used by the opposing carriers lawyer against you.
Dog Bites
Q: What do I do if bitten by a dog?
A: Seek immediate medical attention regarding cleaning the wound and testing for injuries related to animal bites like rabies. Then report the incident to you local animal control office. Usually, if animal control is able to locate the dog, they can determine if the animal is up to date on all shots and rabies vaccinations and whether or not it has a history of past attacks.
Q: Am I able to be compensated for my damages resulting from a dog bite?
A: Yes. There are potentially multiple causes of action that can arise out of a dog bite. In addition, there may be insurance policy provisions that allow for your immediate medical bills to be paid. The insurance coverage for dog bites typically have exclusions which can be complicated and difficult to navigate so it’s important to speak with a lawyer.
Important Steps to Take Immediately After A Motor Vehicle Accident
- Stop the vehicle as Florida law requires you to stop at the scene of an accident.
- Protect the scene by leaving the cars where they came to rest unless they are blocking traffic. If the cars are blocking traffic make note or take photographs of the each of the vehicles’ locations before moving them if possible.
- Check on all other people involved in the accident to see if there are injuries and the seriousness of the injuries.
- Call the police and medical personnel. Make sure to cooperate with the officer and speak only to the officer concerning the facts.
- Exchange Information with all of the other driver’s involved in the accident including names, address, phone numbers, VIN numbers of the vehicles, and insurance information.
- Gather names, phone numbers and addresses of any and all persons that witnessed the accident.
- Do not discuss “fault” or make any statements about the incident with any one else involved in the accident. Your statements should only be made to law enforcement and medical personnel.
- Observe the other’s driver’s behavior for any signs of impairment, if so, report to the police officer and insist a breath test be given. Do the same to the extent you can see or hear anything that leads you to believe the other driver might be impaired.
- Seek medical attention by cooperating with emergency medical personnel and go to the hospital and see a doctor for follow-up care after going to the hospital.
- Do NOT ever give a recorded statement to the other driver’s insurance company without having consulted with a lawyer about the consequences of giving one.
- Do NOT sign ANY type of documents from the other’s driver’s insurance company without consulting an attorney.
- Report the accident to your own insurance company immediately or you potentially risk losing benefits under your policy. However, consulting with a lawyer before doing so is a good idea.
- Contact a qualified personal injury attorney and ask for a free consultation to discuss your rights.
- Ask the attorney to explain your legal rights.
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Tison Law Group has an experienced staff of lawyers, paralegals and administrative assistants, all working on your behalf with over two decades of legal knowledge. We put these resources to work for you during all phases of your case.
Contact us today to set up a free consultation on your case, and let us put our knowledge of the Tampa Bay area's legal system to work for you or your loved one.
