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If you are under twenty-one years at the time of sentencing you are eligible in Florida to request your criminal case be sentenced under Florida’s Youthful Offender Statute. Crimes committed in Florida by those less than twenty-one years old on the date of their sentencing can be sentenced under the Punishment Code under this statute. Prior to 2008 the statute only required that the offender have been under twenty-one at the time of the offense. For reasons best known by the Legislature, but beyond common sense, the law was amended to require that the sentencing be done before one’s twenty-first birthday. This cruelty forces young people to plead out otherwise defensible charges if the delays of court will take the case beyond their twenty-first birthday. Florida’s Youthful Offender Statute limits the sentence to six years. The Judge can combine multiple criminal sanctions (prison, probation, community control) but cannot exceed six years of any combination and permutation of these sanctions. If you are accused of a crime in Florida and you want to seek Youthful Offender status you must plead guilty or be adjudicated guilty at trail, and then ask the Judge to sentence you under the Youthful Offender statute. The obvious problem is if you are not guilty or have a legal defense you cannot pursue them. Secondly: the Judge will not tell you if he intends to sentence under the Youthful Offender statute before you plead guilty. You therefore have no assurance that the Judge will agree to limit sentencing to six years until after the guilt phase is over. Your South Florida criminal defense lawyer can ask the Judge for an indication that Youthful Offender Status will be granted but Judge’s are under no requirement to decide to grant Youthful Offender Statius until after the defendant has been found and adjudicated guilty.

Sealing and expunging criminal records is available in Florida. Florida has a method of sealing end expunging criminal records: your South Florida criminal attorney can explain the statute. Sealed records exist but cannot be viewed without a court order. An expunged record is as close to a legal deletion as can be obtained. Many people after the economic hardships which began in 2007 have paid fees and incurred the expenses of sealing and expunging criminal records in the hope that it will help them find a job. Seek a consultation with a Florida criminal lawyer before you begin what is a lengthy, expensive process which may delay your entry into the job market. Ask questions like: “What legal effect does a sealing or expungment have?”, “Can an employer find out about my history?” “What is the difference between a sealing, expungment, and what is the difference between a criminal history and a criminal record?” Since the advent of the internet much personal information is available online and is sold and re-sold by companies that, for a fee, will sell you background information about anyone. If your purpose in seeking a sealing or expungement of your criminal record in Florida is to make it “go away”…understand that nothing ever goes away once it is published on the internet. Call any South Florida criminal defense lawyer and invest the time before you spend your money.

Florida is one of very few states that have a statutory scheme for sealing and expunging criminal records. Sealing is different from expunging, and some charges cannot be sealed or expunged. The statute has been amended several times and has made it increasingly difficult to obtain a sealing or expunging. The process goes like this: first you send a fingerprint sample to the Florida Department of Law Enforcement with an application (which can be obtained from your county clerk). Then the State Attorney must be sent a formal request to either oppose or not oppose the sealing or expungement, next a motion must be filed with the clerk and a hearing set before a circuit court judge. The Florida Department of Law Enforcement will send a letter either confirming or denying eligibility for sealing or expunging your criminal record. Lastly you must set and conduct a hearing after noticing the State Attorney, Clerk, F.D.L.E. and the Judge. A sealed record exists but can only be shown to someone with a court order. An expunged record is legally deleted. Expungement is always better than sealing. The sealing and expungement statute lists those charges which cannot be sealed or expunged. Because of the complexity of the process and the effect of amendments over the years which have changed Florida’s sealing and expungment statute, most people seek the assistance of a Florida criminal attorney to handle a sealing and expungment request. Since 2006 the statute now requires that a judge sign and approve any sealing and expungement. Because setting and conducting hearings are complex, and the formalities and requirements of the sealing and expungement statute are both complex and confusing I suggest you find a South Florida Criminal lawyer for assistance. Most lawyers will gladly provide answers over the phone at no cost.

SAY NO TO POLICE app Uses e-book functionalities to answer 150 criminal law questions

14,094,634 US Arrests but no place to go for answers to criminal law questions: until now. Using advanced functionalities this app takes users from basic questions to one paragraph answers. Created by a published US criminal lawyer (author of CAN THE POLICE LIE TO ME? 2008) this Apple/Android app has easy-read explanations of law. Apple and Android Launch is November 16, 2010. Go to www://saynotothepolice.com for info and press release.

SAY NO TO THE POLICE….. Know what Cops and Judges won’t tell
Can they search you? Arrest you?
Protect yourself and know your rights with
14,094,186 Arrests last year…. Don’t become a statistic
Why you need this app….. Don’t become a statistic
• 14,000,000 Arrests in the U.S. last year
• 1 in 6 Americans will be in jail during their lifetime
• 30,000,000 Americans had “police contact” last year
• 50,000,000 traffic citations were issued to Americans last year
• You can recover from a business failure, divorce, bankruptcy….but not from a criminal record
• A criminal record effects: Job prospects – Dating – Apartment rentals – Graduate Schools – Professions
app users say:
• “Don’t waste money on lawyers… BUY THIS APP!”
 “This app will put lawyers out of work”
– The first Criminal-Law INFO-app built on Apple platform functionalities
– Written by a top criminal lawyer
– 100’s of one-sentence Question & Answers in functional-driven ‘chapters’….
• CARS & COPS
• DRUG BUSTS
• UNDER 21 CROWD
• SEARCHES
• POLICE CONTACT
• ARRESTS
• WHO DECIDES?
• BAIL
• DISCOVERY
• DEFENSES
• TRAIL
• SENTENCING
• 50 “MOST CHARGED” CRIMES DEFINED
“Why do I need this app?”
• Knowing what police, prosecutors and judges know can save you from a criminal problem and a lifetime of regret
• You can recover from a business failure, personal bankruptcy, a bad divorce
• A criminal history can ruin your future!

• Job prospects? Loans? Rentals? Dating? Graduate School? Professions?

“I know my Constitutional rights…….”
….But…. do you know the answers to these…..and 100’s of other questions?
• What is entrapment?
• What is obstruction?
• What is stalking?
• Should I “blow” at a DUI stop?
• Can I get a DUI on a bicycle?
• Can I buy or own a bong?
• Can I carry alcohol in my car?
• What is the law on fake ID?
• How do I say NO to the police?
• Can my boss or teacher look in my desk?
• Do I have to talk to the police?
Do the police need a warrant to arrest me?
• Can I rely on legal advice from a cop?
• Can the police lie to me about evidence and facts?

• Is my case dismissed if I’m not read my Miranda rights?

“I don’t have police problems because I’m smart” …Wrong!
• 1 in 6 Americans will be in jail during their lifetime
• 14,000,000 Arrests in the U.S. last year
• 50,000,000 traffic citations were issued last year
“I’m OK with the Police…I can talk my way out ….. Pretty face gets a “pass”
– The average cop spends ½ of his lifetime in a patrol car waiting to mess with you
– The average cop starts off treating you like a criminal and displays psychological problems like anger, frustration, envy
– 30,000,000 Americans had police contact…… none of it pleasant
–
With all the information overload we have….. This is THE MOST IMPORTANT INFORMATION YOU CAN POSSES
Read what pre-release users have said:
• “Puts a wooden stake in the heart of criminal law confusion”
• “Reads faster than a Texas Preacher in a burning Church “
 “More legal silver- bullets than a vampire posse”
 “This app will put more lawyers out of work than an outbreak of civil rest”
– – “This lawyer needs to be shot…Out of cannon and into your iPad… BUY THIS APP!”

Most of us are familiar with having a criminal record sealed or expunged. The process can take 3 to 6 months involves two court hearings and certified records obtained from The Florida Department of Law Enforcement. Most lawyers because of the work involved charge anywhere from 3 to 5 hours for the motions, letters, and court appearance at the hearings. Sealing and expunging has limited use today because so much of the information about our pasts is freely traded on the Internet. Having your record sealed and expunged in the courthouse is often never even found during background checks.

There is another method and it’s called administrative expunction. In many ways it is better than sealing and expunging because the net result is the record is administratively erased. Ask your South Florida criminal defense attorney to explain the distinction between an administrative expunction and a sealing and expunction.

Two years ago the law was amended to make it easier to obtain an administrative expunction. Previously you were required to obtain a letter from the police agency, which is often impossible to obtain. The amended statute permits the judge to enter an administrative expunction based on a finding that there was no basis for the arrest, or the arrest was a mistake. To have your record sealed and expunged requires only an application, but no proof of innocence; that is the critical distinction between sealing and expunging and administrative expungement.

The landmark case known as Miranda is still controversial and may come under attack and review by the present United States Supreme Court. Several cases addressing the Miranda precedent are moving up to the United States Supreme Court, and our current Court has indicated that it is willing to reconsider Miranda and may change the law. The Miranda case stands as a beacon in the criminal law field; it is a light that underpins the perception of American justice as fair. If Miranda falls then so falls 50 years of American justice. It would be a grave misfortune for all Americans if Miranda is overturned. Why? Miranda is largely symbolic in the minds of Americans.. Miranda stands for the idea that the individual has the right to hold police accountable to follow the law. Prior to Miranda there was no remedy for police bullying. Prior to Miranda the constitutional rights Americans’ hold up as a light to the rest of the world had no real meaning. The fall of Miranda is more than just a step in the wrong direction it is and will be a step backwards where the individual has no effective way to make the State follow the constitution.

The app ‘SAY NO TO POLICE’ is anticipated to be a big seller at the iTunes Store. The app is an electronic adaptation of the book CAN THE POLICE LIE TO ME. The app takes the book into the 21st century by using the functions of an e-book to make using it as fast as greased lightning. Or as a reviewer said “Faster than a Texas Pastor in a burning church”. 30 years of hearing the same questions from over 10,000 clients, attorney Behr has assembled them and answered them in easy-to-read one paragraph responses. Laws should be understandable. Everyone needs to know what is okay and what is wrong. Lawyers, Judges and Legislatures have done a job on the law by examining rules and dissecting laws until they are jelly-like and confused. This app hits nails on the head and gives you useable answers to the most asked questions. Try it; keep it on your iPhone or iPad.

Always a good question. There really is no easy answer, as it is not an easy situation. If an officer stopped you because he has reasonable belief that you are impaired…. in all likelihood the officer is going to arrest you. That is a given. Remember impairment can be caused by alcohol, which can be measured in your blood, lack of sleep, psychotropic drugs, pain pills and many many other medications, both prescriptive and available over-the-counter. Okay you’ve been arrested… But arrest doesn’t necessarily mean a conviction: to do that the government needs evidence. Evidence can come from a breath exemplar, the video of your performance on the roadside sobriety examination, the video from the police car camera, and the observations of the officer. Videos and officer testimony always exist. Breath exemplars and videos of roadside sobriety tests don’t always exist. Refusing to provide a breath exemplar, refusing to perform a roadside sobriety examination, can all lead to additional criminal charges. Some states, like Florida, make it a misdemeanor to refuse a breath exemplar on your second DUI. Florida law considers those two items as non-testimonial: that means it goes to the jury. You have no constitutional right to keep non-testimonial evidence out. Think of non-testimonial evidence as photographs, things found at a crime scene, fingerprints, your voice, your weight, things that exist without a conscious intent to communicate… Those things that should be voluntary and freely given to be considered reliable. In court rooms the issue of reliability is paramount: confessions made after a beating are generally not reliable and certainly not voluntary. All this takes you back to the question: do I blow? Do I perform the roadside sobriety tests? If you refuse, they don’t exist, they don’t go into evidence and they’re not used to convict you. Your refusal however exposes you to additional criminal problems. The choice is always yours. Lawyers can never advise you or counsel you if you are considering a law violation. It is a violation of law to refuse to provide non-testimonial evidence collected at a DUI crime scene investigation. If you need more information call your South Florida criminal defense lawyer, most of us are up days and nights waiting for the phone to ring. You can ring me up at 1-800-761-3446.

http://www.saynotothepolice.com/What is SAY NO TO POLICE? the app
• The First Criminal-Law INFO-app
• Written for iPad and iPhone users by a top criminal lawyer
• Question & Answers in iPhone/iPad functional-driven “chapters”…
• CARS & COPS
• DRUG BUSTS
• UNDER 21 CROWD
• SEARCHES
• POLICE CONTACT
• ARRESTS
• WHO DECIDES?
• BAIL
• DISCOVERY
• DEFENSES
• TRAIL
• SENTENCING
• 50 “MOST CHARGED” CRIMES DEFINED
Why do I need this app?• Knowing what police, prosecutors and judges know can save you from a lifetime of regret.
• You can recover from a business failure, personal bankruptcy, a bad divorce,
• A criminal history can ruin your future!

• Job prospects? Loans? Rentals? Dating? Graduate School? Professions?

I don’t have police problems because I’m smart…Wrong!• 1 in 6 Americans will be in jail during their lifetime
• 14,000,000 Arrests in the U.S. last year
• 50,000,000 traffic citations were issued last year
I’m OK with the Police…I can talk my way out ….. Pretty face gets a “pass”
– The average cop spends ½ of his lifetime in a patrol car waiting to mess with you
– The average cop suffers from most psychological problems like anger, frustration, envy
– 30,000,000 Americans had police contact…… none of it pleasant

I know my rights…….….BUT do you know the answers to these…..and 100 other questions?

• What is entrapment?
• What is obstruction?
• What is stalking?
• Should I “blow” at a DUI stop?
• Can I get a DUI on a bicycle?
• Can I buy or own a bong?
• Can I carry alcohol in my car?
• What is the law on fake ID?
• How do I say NO to the police?
• Can my boss or teacher look in my desk?
• Do I have to talk to the police?
Do the police need a warrant to arrest me?
• Can I rely on legal advice from a cop?
• Can the police lie to me about evidence and facts?

• Is my case dismissed if I’m not read my Miranda rights?

DON’T JUST SAY “NO”….SAY “I KNOW!” TO THE POLICE
SAY YES TO SMART…
Take the time to get it right…………….be sure………. have it in your iPad or iPhone
SAY NO TO POLICE the app

…. what some pre-release users have said:

“Reads faster than a Texas pastor in a Church fire “
“More legal silver- bullets than a vampire posse”
“Puts a wooden stake in the heart of criminal law confusion”
“This app will put more lawyers out of business than an outbreak of civil rest”
“This lawyer needs to be shot..Out of a cannon and into your iPad.. BUY THIS APP!”

Florida’s constitution is clear: the right to bond (pre-trial release) is a right, not a privilege. Our constitution says that pre-trial release (bail) cannot be denied by a judge unless he makes a finding that there are no conditions (restrictions) that can assure your appearance in court, or can assure the safety of the community. Written in the constitution, but treated lightly by the legislature and most judges. How so? Go to Florida statute 903.0471, your legislature said a judge can deny you bond if you have a new arrest while out on another charge. South Florida criminal defense lawyers, yours truly among them, have been reminding judges that bond is a right that can only be taken away if the judge makes a finding that the arrestee is a danger of flight or danger to the community. The legislature and most criminal judges in Florida avoid dealing with the constitution in a rush to judgment. It may appeal to common sense that if you are arrested once and then a second time, you may be a habitual or repeat offender. But being a repeat offender is not a constitutional basis for denying bond. I have been fighting in court, just again last week, to overturn the law that denies bond to re-offenders. Constitutional rights exist, they are there to preempt passions and imagined fears and should not be taken away easily. Contact a Florida criminal lawyer to know your rights to bail.