The Rudman Law Group The Rudman Law Group2024-03-19T01:18:55Zhttps://www.flatriallaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203742/2021/02/cropped-rudman-fav-icon-32x32.pngOn Behalf of The Rudman Law Grouphttps://www.flatriallaw.com/?p=523232024-03-19T01:18:55Z2024-03-19T01:18:55ZProgram components
The Mental Health Court Program consists of several key components. Participants undergo a thorough evaluation to determine their mental health needs and develop an individualized treatment plan. They recieve a combination of mental health treatment, medication management, therapy and support services to address their specific needs.
The court closely monitors each participant’s progress and compliance through regular court appearances and updates from the treatment team. The program depends on a system of incentives to encourage compliance and progress as well as increased supervision in the event of non-compliance.
Eligibility criteria
Qualifying for the Mental Health Court program comes with specific criteria. Individuals must meet the following:
Have a diagnosed mental health condition
Be charged with a non-violent offense
Voluntarily agree to participate in the program
Be deemed suitable for the program by a mental health professional
Evaluate your position objectively as you assess your eligibility.
Program benefits
Participating in the Mental Health Court Program offers several benefits. Participation ensures access to support services and mental health treatment. It reduces the chances of future arrests and incarceration as well. This leads to improved mental health outcomes, reduction of charges or potential dismissal of cases.
By focusing on treatment and support rather than punishment, the program aims to break the cycle of recidivism, improve mental health outcomes and enhance public safety. If you or a loved one is facing criminal charges and struggling with a mental health condition, the Mental Health Court Program may be a valuable option to consider.]]>On Behalf of The Rudman Law Grouphttps://www.flatriallaw.com/?p=522972024-01-25T21:20:55Z2024-01-23T13:01:39ZSpring break frivolity often leads to bad decisions
Even typically responsible and high-performing college students might make bad choices while on spring break.
Underage students might use alcohol and get arrested. Drug use, fist fights and sexual assaults are also common crimes reported during spring break festivities in Florida. A student arrested and charged with one of these offenses could face major setbacks. Depending on the charges they face and the school they attend, their enrollment could be at risk. Criminal convictions can also affect their eligibility for financial aid. As if that weren't worrisome enough, a guilty plea or conviction usually leads to a criminal record which can forever limit someone's opportunities for employment.
Especially when the college student is from another state, they might plead guilty in the hopes of avoiding the need to return to Florida repeatedly. Doing so might be a mistake. Both college students facing criminal charges and parents of those arrested for college crimes may need to think carefully about what a conviction might mean for a young adult's future.
Ultimately, actively defending against spring break charges could make all the difference for a college student who may have made questionable decisions during their break from school.]]>On Behalf of The Rudman Law Grouphttps://www.flatriallaw.com/?p=522962024-01-12T16:28:29Z2024-01-12T16:28:29ZCommunity service
Instead of going to jail, people who break the law can spend a set number of hours working on community projects. Community service lets them give back to society. It also helps them learn about responsibility and accountability.
Electronic monitoring
Electronic monitoring uses wearable electronic devices to track where an offender goes. This helps individuals complete their sentences in the community while staying closely supervised. It is particularly useful for non-violent offenders who do not pose much risk to society. Plus, it is a cost-effective alternative to putting them in jail.
Pretrial diversion
Pretrial diversion programs allow first-time offenders to complete a set of requirements in exchange for the prosecutor dropping their charges. Requirements may include community service, counseling or educational classes. This approach recognizes that some individuals may have made a one-time mistake and can benefit more from rehabilitation than incarceration.
Drug court is a specific type of pretrial diversion that handles cases involving substance abuse. Individuals dealing with addiction problems can participate in special treatment and rehabilitation programs. These programs provide the necessary tools and support to overcome challenges related to substance abuse.
In Florida, the justice system is recognizing more and more the significance of alternative sentencing options. These alternatives play a role in making the criminal justice system more effective.]]>On Behalf of The Rudman Law Grouphttps://www.flatriallaw.com/?p=522572023-11-20T15:10:27Z2023-11-20T15:10:27ZAcknowledge and discuss the risks
There are three main types of consequences associated with alcohol abuse. People who have to acknowledge those risks might be willing to admit they need help. The first type of risk is medical. People can damage their livers and put themselves at increased risk for certain kinds of cancer by regularly consuming too much alcohol.
The second type of risk relates to social consequences, including employment issues. People who drink too much and too frequently may alienate themselves from their support networks and put themselves at risk of sudden job loss.
Finally, there are legal consequences to consider. Many people with alcohol addiction issues eventually run afoul of the law, possibly because of a driving under the influence (DUI) offense. The criminal penalties possible for a Florida DUI conviction include jail time, fines and driver's license suspension. Those who regularly drink could also end up involved in fights that lead to assault charges or petty theft in an attempt to secure funds for alcohol.
Offer support and resources
Someone struggling with alcohol addiction very likely requires counseling and social support. Loved ones can help someone connect with the right therapy or rehabilitation support when they are ready to undergo treatment. Family members may also need to help those facing DUI charges respond appropriately. Encouraging someone to undergo treatment, pursue adjudication in the DUI courts and fight back against charges could ultimately reduce the long-term harm generated by an alcohol addiction.
Offering support and guidance can help people reduce the negative impact that alcohol addiction may have on a loved one. There is absolutely no shame in asking for help.]]>On Behalf of The Rudman Law Grouphttps://www.flatriallaw.com/?p=522002023-09-20T13:28:25Z2023-09-20T13:28:25ZProve the case does not meet the statutory standard
There are two conditions that turn an assault into an aggravated assault according to Florida criminal law. The first is when someone assaults another person with a deadly weapon without an actual intent to kill them or when they engage in assault with the intention of committing a felony. A physical assault committed with the intention of stealing a car could lead to felony charges because stealing a vehicle is a felony. If someone can show that neither of those definitions for aggravated assault applies, they could avoid a conviction because the case does not meet the necessary standard according to the law.
Raise a claim of self-defense
Another common defense strategy utilized by those accused of physical acts of violence is to assert that they acted in an attempt to defend themselves. Florida does not require that someone retreat before acting in self-defense. State law will limit the ability of people to claim they acted in self-defense if they instigated the situation or broke the law prior to the situation unfolding.
Provide an alibi
Many violent criminal charges result from the police arresting individuals who meet a certain description after someone files a police report. Misidentification is a serious issue in the criminal justice system. Individuals accused of aggravated assault can sometimes prove that they were elsewhere, thereby effectively establishing that they did not assault anyone.
There are many other possible defense strategies that people could utilize depending on the exact circumstances that led to their arrest. Seeking legal guidance to better understand Florida's aggravated assault statutes is good starting point for those who want to fight against their charges.]]>On Behalf of The Rudman Law Grouphttps://www.flatriallaw.com/?p=521182023-07-17T19:57:53Z2023-07-17T19:57:53ZWhen can you be arrested for BUI?
Under Florida Statute Section 327.35, a BUI arrest can occur when either your blood alcohol concentration (BAC) is .08% or higher or the authorities suspect that you are impaired due to alcohol or drugs (or some combo of the two) based on your behavior. In addition, you can be arrested if you have a BAC of .05% or higher and the officer has other evidence that points to your impairment.
This means, for example, that if you’re caught up in a BUI sweep by the Coast Guard or local authorities, you can expect the authorities to look beyond your BAC score and at things like:
Your overall demeanor, including how cooperative you are
Whether there are obvious signs of drinking (like lots of “empties” around)
Whether you seem physically in control of yourself or are stumbling
How easily you respond to questions or are able to articulate your thoughts
Whether you are red-faced and have bloodshot eyes
Any obvious odor of alcohol on your body or breath
If you’re charged with BUI and you’re convicted, the penalties are serious. Even for a first-time offense, you face the potential of a fine of up to $1,000 and six months in jail (among other penalties). The penalties increase if you’ve caused an accident that causes serious injuries to another person or your BAC was higher than .15% and for subsequent offenses.
Because of the potential consequences of a conviction, it’s incredibly important to explore all your defense options. For example, a lack of probable cause to stop your boat for a BUI check or a poorly administered BAC test can be avenues that may lead to an acquittal. Seeking legal guidance is a good way to start building the strongest possible defense under the circumstances.]]>On Behalf of The Rudman Law Grouphttps://www.flatriallaw.com/?p=521172023-07-10T10:51:13Z2023-07-10T10:51:13ZWhat concerns have residents raised?
As the concealed weapon license goes away, authorities anticipate crime rates to decrease because they believe that knowing anybody could carry a firearm will deter criminals. However, an underlying concern is the expected spike in guns on the streets, which might compromise safety. More people who never submitted to background checks will be able to carry weapons because purchasing a firearm from a federally licensed dealer who requires a background check is no longer compulsory.
What are the key provisions of the new law?
Under the permitless law, individuals who are legally eligible to possess firearms are no longer required to obtain a concealed carry permit to carry firearms in public. However, it is important to note that certain restrictions and regulations still apply, even without the need for a permit. The law stipulates that only individuals 18 years or older can carry firearms without a permit.
But, the permitless law does not alter the existing criteria for firearm eligibility. Individuals must still meet the federal and state requirements for owning and possessing firearms. Additionally, even without a permit, individuals are prohibited from carrying firearms in certain restricted areas, such as schools, government buildings and private properties where firearms are explicitly banned.
The implementation of the permitless law marks a significant change in firearms regulations, allowing most individuals to carry weapons without a concealed-carry permit. While the law has garnered support from proponents of Second Amendment rights, concerns about public safety and potential risks have also been raised and will continue to be voiced.]]>On Behalf of The Rudman Law Grouphttps://www.flatriallaw.com/?p=521002023-05-22T11:01:20Z2023-05-22T11:01:20ZHow prevalent is drug addiction in Florida?
Statistics show that in 2021 alone, the rate per 100,000 deaths from drug poisoning in Florida was 36.7. In response to this crisis, Florida has been working to address drug addiction as a public health issue rather than a criminal issue. The court system recognizes incarceration as an ineffective solution for drug addiction. Therefore, it has shifted its focus toward rehabilitation.
One of the programs is the Florida Department of Corrections Substance Abuse Program (SAP). This program provides evidence-based treatment for inmates addicted to drugs or alcohol. Another initiative is the Florida Department of Juvenile Justice (DJJ) Substance Abuse Treatment Program. This program provides substance abuse treatment to juvenile offenders in a secure residential setting.
The impact of rehabilitation on recidivism
Research and implementation have shown that drug treatment programs significantly reduce recidivism (the tendency of a convicted criminal to re-offend) rates. Therefore, state and federal institutions are incorporating evidence-based rehabilitation strategies to address these core issues that often result in criminality.
In addition to rehabilitation, Florida has also implemented alternative sentencing programs designed specifically for addicts. For example, drug courts and diversion programs provide individuals with access to treatment and support services as an alternative to jail time. These programs are highly effective in helping individuals to better manage addiction.
Florida grapples with addiction and drug offenses’ impact on communities. Thankfully, there is a growing push to reform the court system to support rehabilitation efforts to a greater degree. Individuals facing criminal charges can seek legal guidance at any time to better understand their evolving options.]]>On Behalf of The Rudman Law Grouphttps://www.flatriallaw.com/?p=519682023-06-21T05:16:45Z2023-05-15T10:07:08ZYou could lose your commercial license
If you operate a commercial vehicle at your job, you need to have a commercial driver's license (CDL). A DUI offense while working would obviously affect your eligibility to retain your CDL. You don't even need to break the law while working. If you get arrested for a DUI in your own vehicle, that could also end your eligibility for a CDL.
You may struggle to perform your job the way you did before
Even if you don't operate a commercial vehicle at work, you might have to drive daily or at least occasionally for your work responsibilities. If you manage a restaurant, you may need to drive to the bank to get change for the cash registers. If you work in human resources, you might help transport workers to job sites or deliver them to licensing exams.
Your employer won't be able to rely on you to drive for your work when you lose your driver's license, and they may not agree to pay a higher insurance rate necessary to cover you when you have a DUI on your record.
Your employer might fire you
Even if your job doesn't involve driving in any context, your employer might terminate you because they have a zero-tolerance policy for criminal activity. The terms in your employment contract and employee handbook might give your employer the option of summarily terminating your work arrangements over a conviction that has nothing to do with your job.
When you realize that a DUI offense could affect your career, possibly for years to come, you may see the value in defending yourself. Learning more about DUI charges can help those accused of impaired driving move on with their lives.]]>On Behalf of The Rudman Law Grouphttps://www.flatriallaw.com/?p=519692023-03-28T06:03:56Z2023-03-28T06:03:56Zspecific criminal statute on the books addressing cyberstalking.
Allegations often relate to romantic relationships
Cyberstalking could involve business competitors, cousins who hate each other or coworkers with an unhealthy dynamic on the job. However, frequently cyberstalking specifically involves someone in a romantic relationship with the other party or someone who has previously had a romantic relationship or desires one with the other party.
Behaviors that constitute cyberstalking include:
sending threatening or unwanted messages
intentionally tracking people across multiple platforms
attempting to access someone else's devices or accounts
any form of electronic harassment
Using messages to intimidate someone or harass them in a sexual manner could also constitute cyberstalking. Some people go so far as to create numerous separate accounts on a single platform to continue messaging someone after they block them.
Any behavior intended to intimidate another party or make them feel unsafe could potentially constitute cyberstalking. Florida will impose criminal penalties in cyberstalking cases. Allegations of cyberstalking can also influence the likelihood of the courts granting someone an injunction for protection.
How people defend against accusations
Claims of cyberstalking could lead to an embarrassing criminal record and a court order that limits someone's personal freedoms. Providing documentation that shows they were not the one interacting with the other party could be one way of fighting back. Showing that they were responding to harassment by the person complaining could be another solution.
There are different options available depending on someone’s actions that allegedly constitute cyberstalking. Learning more about the unique Florida laws that limit someone's behavior can help people avoid mistakes that lead to criminal charges and fight back against pending allegations alongside an experienced criminal defense attorney.
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