Florida Attorney Answers Client Criminal Law Questions

Domestic violence
Photo by Sydney Sims on Unsplash

Serving clients in Fort Myers, Florida, Derek Tyler is an experienced criminal defense attorney who emphasizes exceptional representation of clients in a wide range of legal situations. Attorney Derek Tyler spent time to provide actionable answers to potential Florida clients on domestic matters.

One question involves a victim whose husband was arrested by the police while in possession of a machete. When the husband was charged with a felony, the wife signed a “no prosecution” order, intending to have the charges dropped.

The fact that the police witnessed the defendant with the machete means that the State does not typically require the victim’s cooperation in taking him to trial. That said, the victim is free to both speak with the plaintiff’s lawyer and hire her lawyer to take on an advocacy role.

Another question centered on a woman who placed a restraining order on the abusive father of a child several years ago when he threatened to kill her. More recently, she had taken a new partner and the father had started following her again, but a restraining order request was denied.

A recommended course of action was to talk to a lawyer and explain the issues whether the father is within the jurisdiction of the court that issued the original restraining order and whether it is still in effect. It is also important to ascertain which court has jurisdiction over time-sharing and other parenting arrangements.

Marijuana Penalties under Florida Law

An attorney based in Fort Myers, Derek Tyler provides Florida clients with experienced representation in cases spanning juvenile delinquency, domestic violence, and other criminal charges. Attorney Derek Tyler also has extensive knowledge of drug crimes and provides Florida defense support designed to obtain clients the best possible results. 

Drug crimes in Florida have some of the harshest penalties in the United States. While numerous states have legalized or decriminalized the possession of marijuana for medical and recreational uses, Florida is not one of them. In a 2014 vote, 58 percent of Floridians voted in favor of medical marijuana legalization, just short of the 60 percent required for initiative passage.

At the present, marijuana-related charges, including sale or possession of bongs and rolling papers, can bring jail time and fines of up to $5,000, as well as loss of business, job, or driver’s license. In cases of “intent to sell,” the potential fine reaches $200,000 and the maximum prison term is 30 years. 

Given these severe penalties, it makes sense for a person charged with a related crime to work with an attorney experienced in defense strategies such as police entrapment, as well as Fourth Amendment rights violations involving unconstitutional search and seizure.