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Criminal

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Criminal Defense

 

 

Elderly Abuse

825.103. Exploitation of an elderly person or disabled adult;  penalties

(1) “Exploitation of an elderly person or disabled adult” means:

(a) Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:

1. Stands in a position of trust and confidence with the elderly person or disabled adult;  or

2. Has a business relationship with the elderly person or disabled adult;  or

(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.

(2)(a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $20,000 or more, but less than $100,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult is valued at less than $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Traffic and Driving

 

____________________________
Geoffrey P. Golub has almost 20 years experience handling the legal matters of his clients.   His Melbourne, Florida
office serves the needs of clients in Brevard, Indian River, Orlando (Orange County), and other Central Florida locations.
His office can be reached at 772-757-6848.

 

Out-of-state Driver’s License Myth

If you do not live in Florida and do not work in Florida and your privilege to drive in Florida is not suspended then you can use a valid out-of-state Driver’s License.  Otherwise you cannot use an out-of-state Driver’s License.

 

322.01  Definitions

(34)  “Resident” means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, has registered to vote, has made a statement of domicile pursuant to s. 222.17, or has filed for homestead tax exemption on property in this state.

322.031  Nonresident; when license required.

(1)  In every case in which a nonresident, except a nonresident migrant or seasonal farm worker as defined in s. 316.003(61), accepts employment or engages in any trade, profession, or occupation in this state or enters his or her children to be educated in the public schools of this state, such nonresident shall, within 30 days after the commencement of such employment or education, be required to obtain a Florida driver’s license if such nonresident operates a motor vehicle on the highways of this state. The spouse or dependent child of such nonresident shall also be required to obtain a Florida driver’s license within that 30-day period prior to operating a motor vehicle on the highways of this state.

(2)  A member of the United States Armed Forces on active duty in this state shall not be required to obtain a Florida driver’s license under this section solely because he or she enters his or her children to be educated in the public schools of this state if he or she has a valid military driving permit or a valid driver’s license issued by another state.

(3)  A nonresident who is domiciled in another state and who commutes into this state in order to work shall not be required to obtain a Florida driver’s license under this section solely because he or she has accepted employment or engages in any trade, profession, or occupation in this state if he or she has a valid driver’s license issued by another state. Further, any person who is enrolled as a student in a college or university and who is a nonresident but is in this state for a period of up to 6 months engaged in a work-study program for which academic credits are earned from a college whose credits or degrees are accepted for credit by at least three accredited institutions of higher learning, as defined in s. 1005.02, shall not be required to obtain a Florida driver’s license for the duration of the work-study program if such person has a valid driver’s license issued by another state. Any nonresident who is enrolled as a full-time student in any such institution of higher learning is also exempt from the requirement of obtaining a Florida driver’s license for the duration of such enrollment.

(4)  A nonresident who is at least 21 years of age and who has in his or her immediate possession a valid commercial driver’s license issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986 may operate a motor vehicle of the type permitted by his or her license to be operated in this state.

322.04  Persons exempt from obtaining driver’s license.

(1)  The following persons are exempt from obtaining a driver’s license:

(a)  Any employee of the United States Government, while operating a noncommercial motor vehicle owned by or leased to the United States Government and being operated on official business.

(b)  Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway.

(c)  A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid noncommercial driver’s license issued to the nonresident in his or her home state or country, may operate a motor vehicle of the type for which a Class E driver’s license is required in this state.

(d)  A nonresident who is at least 18 years of age and who has in his or her immediate possession a valid noncommercial driver’s license issued to the nonresident in his or her home state or country may operate a motor vehicle, other than a commercial motor vehicle, in this state.

(e)  Any person operating a golf cart, as defined in s. 320.01, which is operated in accordance with the provisions of s. 316.212.

(2)  The provisions of this section do not apply to any person to whom s. 322.031 applies.

(3)Any person working for a firm under contract to the United States Government, whose residence is without this state and whose main point of employment is without this state may drive a noncommercial vehicle on the public roads of this state for periods up to 60 days while in this state on temporary duty, provided such person has a valid driver’s license from the state of such person’s residence.

Who Needs One?

If you live in Florida and want to drive a motor vehicle on public streets and highways.

If you move to Florida and have a valid license from another state, you must get a Florida license within 30 days of becoming a resident. You are considered a resident of Florida if you:

Enroll your children in public school, or

Register to vote, or

File for a homestead exemption, or

Accept employment, or

Reside in Florida for more than six consecutive months.

Who Does Not Need One?

The following persons may drive in Florida without a Florida driver license, if they have a valid license from another state or country:

Any non-resident who is at least 16 years old.

Persons employed by the United States government driving a United States government motor vehicle on official business.

Any non-resident working for a firm on a contract for the United States government. (This exemption is only for 60 days.)

Any non-resident attending college in Florida.

Persons who drive only vehicles like farm tractors or road machines temporarily on the highway may drive without a license.

A licensed driver who lives in another state and travels regularly between his home and work in Florida.

Non-resident migrant farm workers even though they are employed or place children in the public schools, providing they have a valid license from their home state.

Members of the Armed Forces stationed in Florida and their dependents, with these exceptions:

Service member or spouse claims homestead exemption (All drivers in family must obtain Florida licenses),

Service member becomes employed (All drivers in family must obtain Florida licenses),

Spouse becomes employed (Spouse and children who drive must obtain Florida licenses),

Child becomes employed (Only employed child who drives must obtain Florida license)

 

Common Legal Defenses

  • Mistake of Fact Defense
  • Momentary/Temporary Possession Defense
  • Afterthought Defense
  • Independent Act Defense
  • Willful Ignorance Defense
  • Withdrawal Defense
  • Self-Defense or Defense of Relation by Blood or Marriage
  • Defense of Home (Castle Doctrine)
  • Claim of Right Defense
  • Good Faith Defense
  • Voluntary abandonment Defense

 

Limitations on Prosecutions

 

A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time–there is no “statute of limitations” for murder and other such “high” felonies  (Florida Statutes 782).

Prosecutions for other offenses are subject to the following periods of limitation:

  • A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.
  • A prosecution for any other felony must be commenced within 3 years after it is committed.
  • (c)  A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.
  • (d)  A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.

There are exceptions to these general statutory rules sprinkled all throughout the Florida Statutes,  so you should contact my office for a free consultation and evaluation of your particular situation, and development of an action plan.

 

Limitations on civil actions

The limitations on actions governing civil lawsuits are generally as follows:

  • Within twenty years.–An action on a judgment or decree of a court of record in this state.