Tampa Driving on a Suspended License Defense Lawyers
Understanding the Implications of Driving on a Suspended License in Florida: A Legal Perspective
Driving on a suspended license is a serious offense in the state of Florida. The statutes that govern this offense are found in the Florida Statutes Chapter 322, particularly in section 322.34. Florida's legislation defines the act, lays out the penalties if convicted, and stipulates the legal process a defendant can expect to undergo if charged. In this article, we'll delve deeper into these aspects and explain how a seasoned attorney can help at each stage of the criminal process.
The Offense: Driving on a Suspended License in Florida
According to Florida Statute 322.34, driving on a suspended license is a criminal offense. The violation is not merely a traffic infraction but a crime that can range from a second-degree misdemeanor to a third-degree felony depending on the circumstances and previous convictions. The law broadly categorizes this offense into two: with knowledge (the driver was aware of the suspension) and without knowledge (the driver was not aware of the suspension).
The penalties differ depending on the number of previous offenses and the driver's knowledge of the suspension. For instance, a first offense of driving without knowledge of the suspension is a noncriminal traffic infraction, punishable under the civil penalty portion of the statute. However, driving with knowledge of the suspension is a more serious crime and can lead to a second-degree misdemeanor charge.
Penalties If Convicted of Driving on a Suspended License in Florida
The penalties for driving on a suspended license in Florida are as follows:
- First offense: Deemed a second-degree misdemeanor, it carries a potential penalty of up to 60 days in jail and a $500 fine.
- Second offense: Classified as a first-degree misdemeanor, it carries a penalty of up to one year in jail and a $1,000 fine.
- Third or subsequent offense: Considered a third-degree felony, it could lead to up to five years in prison and a $5,000 fine.
- The Criminal Process
The criminal process begins when you're pulled over and ticketed for driving on a suspended license. A court date is usually set within a month of the violation.
Arraignment: The first step in the process is the arraignment, where you'll be formally charged. During this hearing, you can plead guilty, not guilty, or no contest. Pleading guilty or no contest may result in immediate sentencing, while a not guilty plea will set the case for a pretrial conference or a trial.
Discovery: If you plead not guilty, your attorney will enter the discovery phase where they'll request evidence from the prosecution. This can include dash-cam footage, officer's reports, and any other evidence related to your case.
Negotiation & Trial: Your attorney may attempt to negotiate a plea deal with the prosecution to reduce your charges or penalties. If no agreement is reached, the case proceeds to trial where your attorney will represent you, presenting your defense and challenging the prosecution's evidence.
Sentencing: If found guilty, the court will determine your sentence based on the severity of the offense, your past driving record, and any other relevant factors.
The Role of an Florida Driving on a Suspended License Defense Attorney
An experienced attorney plays a crucial role at each step of the process. They can guide you through the complex legal landscape, ensure your rights are protected, and create a solid defense strategy. They'll handle tasks like requesting discovery, negotiating with the prosecution, representing you at trial, and arguing for reduced penalties during sentencing.
Navigating this process alone can be daunting, and having a seasoned attorney from a reputable firm like Musca Law can make a world of difference. Our lawyers possess a deep understanding of Florida's driving laws and have a successful track record of defending clients in similar situations.
If you or a loved one has been charged with driving on a suspended license in Tampa, Florida, don't hesitate to contact us at (813) 362-5623. Our office is conveniently located at 625 East Twiggs Street, Suite 1000, Unit 117, Tampa, FL 33602. Let us shoulder your legal burden so you can focus on the road to recovery.
Remember, a charge does not mean a conviction. We are committed to defending your rights and working towards the best possible outcome for your case. Don't let a suspended license charge steer your life off course – take control by getting the legal representation you need today.
How to Contact Musca Law for a Free Consultation
Located at 625 East Twiggs Street, Suite 1000, Unit 117, Tampa, FL 33602, our dedicated team is ready to listen to your story, answer your questions, and develop a personalized defense strategy tailored to your unique situation. We understand the emotional turmoil you are experiencing and will treat your case with the sensitivity, confidentiality, and respect it deserves.
Don't let the fear of what lies ahead paralyze you. Now is the time to take control of your future and fight for your rights. Call Musca Law, P.A. today at (813) 362-5623 to schedule a confidential consultation with our experienced and compassionate attorneys. Let us be your guiding light through this storm, and together, we will navigate the path to justice and redemption.
Tampa Office
Musca Law
625 East Twiggs Street, Suite 1000, Unit 117
Tampa, FL 33602
(813) 362-5623