Joseph Patrick Vredevelt's Answers

DUI + DWLS

In Miami the DUI court could increase your bond if the ASA finds out about the new DWLS. If you would like further consultation you can call 305.670.3119.

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How should an argument be outlined for the defense of a DUI case?

You need to show there is a reasonable explanation for everything the officer used to substantiate his/her arrest for DUI. 1. The driving pattern. You must show that the driving was no different than mistakes an unimpaired person makes everyday. 2. The roadsides. You must show they are duly unfair. 3. Refusal. For refusals you need some explanation other than it would have been over the limit. Most people refuse because the officer is a jerk or they were told by a friend not to....

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I have a video showing completly the oppisite of the police report and what the arresting police did and who he talked to.

If what you are saying is true, then you would have a civil rights claim for false arrest. Obviously you have proof that the cop is lying and he had no probable cause for the arrest. I would need to view both the video and arrest report before advising of any other possible claims. If you wish to speak about your case you can contact me any time. All My Best, Joseph Vredevelt

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What are your options when fighting a VOP?

With any VOP issue the judge can sentence the defendant up to the maximum exposure of the underlying crime which put the defendant on probation. For example: defendant was arrested for possession of cocaine which has a 5 year term of imprisonment. Defendant takes a plea which puts him on probation for 2 years. Within that 2 years he violates. The judge can now sentence him up to 5 years. Now, he does have a chance to fight this allegation in a Probation Violation Hearing. This is a...

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Vehicular manslaughter???

First and foremost, in the state of Florida the hospital would have taken a sample of Chad's blood. That blood will be tested for alcohol. The police also will either get a sample of that blood, or else get the medical blood test results to conclude their traffic homicide report. If Chad's blood contained alcohol in a concentration greater than .08 he will most likely be charged with DUI Homicide. Even if the blood contains less, the State can still charge him with the crime if it can be...

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Do DUI restricted licenses automatically carry over state to state when someone moves?

When you register with the Florida DMV they will do a national search. 9 times out of 10 any restrictions will show up. You have to understand that restriction times differ from state to state; for instance in Michigan you can loose your license indefinately for a DUI, however, in Michigan the typical time is only 12 months, thus, if one year has passed, Florida would most likely give a person a good license so long as the 12 months had passed since the Michigan restriction was started. If...

If you are charged with a firearm, wouldn't it have to have been recovered for evidence?

It sounds like you have a great case to go to trial on. They don't have the evidence they need to convict. As for the not being able to recognize the defendant, that is common with armed robbery charges since most robbers would wear a mask of some sort. You need to consider if the prosecutors have finger prints, voice detection, unusual characteristics (ie. visible tattoos), security video, etc. Don't go all in without knowing every bit of evidence the state has against the defendant....

16yo charged as an adult for burglery of occupied building, possession and selling of stolen property...what are his options?

As a juvenile in the adult system your son will hav the benefit of juvenile sanctions. However, these typically are not as good as the penalties handed out by the juvenile system. For the most part, juveniles in adult court will be given youthful offender status and given chances. It really depends on the facts of the case and the criminal history of the juvenile. If this is his first time getting in trouble, some form of pretrial intervention may be possible which will put him on probation...

Applied for an apartment and application was denied due to background check.

Under the fair housing act in florida you cannot be denied housing due to your age, sex, race, color, national origin, religion, handicap, or family situation. In your case it seems that you are being denied for your arrest record which isn't covered by the act. You do have a right to a copy of your report. If you have any further questions feel free to contact me at any time. All My Best, Joseph Vredevelt

Can a 17 year old move out on her own?

As a minor you have a legal guardian to look over you until you reach the age of 18. Now, although it seems from your question that your legal guardian(s) are not wanting to take that responsibility you would still need to legally emancipate yourself from their role. Emancipation is a legal proceeding which declares that a minor has the ability to care for themselves and is free from the control of her parents/guardian. You can go to your local court clerk and get paperwork to start this...