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What Happens If I Get a New Charge While on Probation?

When you’re charged with a crime, having a criminal defense lawyer by your side can help you avoid lifelong consequences like a lengthy prison sentence, in trade for probation. This is a great alternative because you’ll be doing so outside of prison, though under supervision by a probation officer. 

But what happens to this freedom if you get a new charge while on probation? You’ll likely need to consult a probation attorney to understand your rights and help you fight the new charges.  

How Does Probation Work?

Probation is a form of sentencing different from parole where the accused serves time out of prison but under certain strict guidelines, including supervision by a probation officer. These rules are set by the court and will mostly depend on the criminal offense in question. 

Breaking any of these rules leads to a violation of probation, which can worsen your case, including serving time in prison for both charges. 

Normally, the judge will determine whether you qualify for probation and read it in the sentencing ruling. Probation might be granted after serving part of your sentence in prison or as your entire sentence without any prison or jail time. 

A seasoned probation attorney wants the best outcome for you and will strive to provide the defense you deserve for the latter outcome.     

What Happens When You Get a New Charge?

Among the terms and conditions of probation sentencing is an agreement to stay out of trouble. Getting a new charge while on probation is a violation of probation.

You will then be required to appear in court for a probation violation. This hearing allows you an opportunity to either admit to the violation or deny that it occurred. 

If admitted to, the judge can impose a sanction, which can include an extension of probation time, additional community service, jail time, and even revocation of probation. 

If you deny the violation, another hearing will be scheduled where the state will have the burden to prove the violation occurred.

Nevertheless, it’s a legal battle that you don’t want to fight alone because of what’s at stake.

After filing the petition, adjudication proceedings will commence for your new charges, separate from the offense you were convicted to probation for. This means you stand to serve two separate sentences should you be convicted of the new charges. 

Consulting a lawyer immediately when you’re charged with an offense while on probation can improve the outcome of your case and, ideally, get your probation reinstated.    

Seek Legal Defense from a Probation Lawyer

Facing new charges while on probation, whether convicted or not, is a threat to the freedom you enjoy outside of prison. You face probation revocation, not to mention possible additional charges should you be convicted of the second offense.

For the most favorable outcome possible, you’ll need qualified and experienced legal representation from a probation lawyer. Your attorney from Hersem Law understands the law and the best possible defenses to use against the new charges.  

Get started with a free strategy session regarding your case by calling 813-251-7291 or filling out the contact form at the bottom of this page. For more quick answers, check out our criminal defense FAQ page.

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Do I Have to Go to Traffic School If I’m Ticketed?

The thought of attending traffic school doesn’t sound so pleasant for most drivers. It’s understandable. From school, to work, a young family to take care of, and so on, you might not have the time to spare. 

However, it’s important to consider your circumstances carefully before making a decision. Whether or not you have to go to traffic school will depend on the violation you were cited for and how strong of a case you can build.  

This can be challenging to decide, especially when you’re not well versed with the legal repercussions of each choice you have. You can start by discussing your case with a traffic ticket lawyer to determine and build the best strategy for your case.

When Is Traffic School Mandatory if I’m Ticketed?

To retain your driving privileges after a ticket, traffic school is compulsory if:

  • You were cited for racing, reckless driving, running a stop sign or red light, or failure to stop for a school bus 
  • An accident occurred, you were at fault, and one or more victims were taken to hospital
  • You’ve been in two accidents in two years whose property damages exceeded $50.

In all other cases, you don’t have to go to traffic school but it might be the only option to get your ticket dismissed. 

What Happens When You Go to Traffic School?

Upon being ticketed, you’re required to notify the court that you’ll be going to traffic school within 30 days. The course is a 4-hour long training that recements a driver’s knowledge on safe driving skills and road safety in general. 

What are the benefits of going to a traffic school?

  • The court dismisses your traffic ticket and any associated points on your record
  • Your insurance company cannot hike premiums or deny you a policy
  • You might receive a discount on your fines
  • You don’t have to go to court. 

Other Options for Your Traffic Ticket

Choosing not to attend traffic school leaves you with two other options.

The first one is admitting to the charges, paying the fine, and moving on with your life. Sounds easy, right? Except it’s not that straightforward. Paying the fine is an admission of guilt, which will go on your drivers record and accumulate traffic points.

Alternatively, you can choose to fight the ticket charges by pleading “Not Guilty” in court. Here, you’ll need sufficient evidence for a dismissal, lest you still pay the set fines and resulting court fees. Your attorney will advise you whether this is the best option and come up with a defense strategy for your charges as well. 

Consult a Traffic Ticket Lawyer

A traffic ticket can not only result in hefty fines, but also the suspension of your drivers license and high auto insurance premiums. Fortunately, there are various approaches you can take to minimize your charges or even dismiss the ticket altogether, including attending traffic school.

Speak with a traffic ticket lawyer from Hersem Law to ensure that you’re going with the most favorable option on the table. Call 813-251-7291 or complete the contact form below for a free strategy session.

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Can I Really Do Jail Time for My Traffic Violation?

It is not a stretch to say most cops won’t hesitate to ticket you when they catch you breaking a traffic law. Tickets can lead to the suspension of your driver’s license. Yet most people don’t realize that being convicted of a traffic violation can carry serious consequences and even jail time.

Minor violations can result in hefty fines and points on your license. However, Major traffic violations can have you peering out from behind bars.

Traffic Violation Types

A quick traffic violation search will produce two types: minor, which are also called traffic infractions; and major, which are called traffic crimes. Let’s take a deeper dive into the meaning of each and their consequences. Minor traffic violations include:

In essence, minor traffic violations are not good, but usually don’t seriously hurt anyone. On the other hand, criminal traffic violations in Florida are treated very seriously. Some examples are:

Thanks to popular movies, street racing is alive and well, but a tragic event led to the death of a young mother and prison time for an illegal street racer. Beautiful Bayshore Waterfront is frequented by families, like Jessica Reisinger Raubenolt and her daughter. They were attempting to cross the street when they were hit by Cameron Herrin, who was drag racing.

Herrin was clocked at 102 MPH. The speed limit in the area was 45 MPH. Herrin faced a sentence of up to thirty years in prison. This is a sad story, but what most people don’t realize is you don’t have to kill somebody to do prison time.

Harsh Penalties for Traffic Crimes in Florida

Not only can a DUI land you in jail or even prison for a third offense, but other major traffic crimes also have severe penalties:

  • Fleeing from or eluding the police: If you’re ordered to stop your vehicle by a cop but refuse, you could face a minimum of three years and up to a maximum of fifteen years in prison.
  • Driving with a suspended license: Up to sixty days in county jail and/or fines exceeding $500. For a second offense, the perp can spend as much as one year in federal prison. A third offense can get you up to five years of prison time.
  • Leaving an accident scene: If a person was seriously injured in an accident you caused and you flee the scene, you could face up to five years in prison.

Try Your Best to Avoid Jail Time. Call a Lawyer

If you’ve been arrested and wonder, can I really do jail time for my traffic violation? It’s time to stop pondering and call a lawyer. Accidents happen. Smart people sometimes make mistakes.

The attorneys at Hersem Law are your best shot at avoiding jail time. Give us a call at 813-296-6214 or fill out our online form to find out how we can help.

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Penalties for Speeding in a Construction Work Zone

When workers are present in a construction zone, they’re at a higher risk of being struck and injured or killed during their work day. Because of this, Florida laws are stricter about speeding in these zones. Unfortunately, that means you may have been pulled over for speeding in a work zone. 

Paying off that ticket may lead to bigger problems, too. If you’ve been pulled over for speeding in a construction work zone, reach out to a Tampa speeding ticket attorney for help. 

Fines May Be Higher 

When you’re pulled over for speeding, you may already be expecting to pay a fine if you were to plead guilty. These fines can be costly, leaving you to dig into your savings or money that could have gone to food or rent. 

But speeding in a construction zone is worse. In these cases, your fines may be doubled as compared to a speeding ticket elsewhere. You may even be expected to attend driving school, which only adds to the time and money you’ve spent on a traffic ticket. 

That’s why your lawyer is focused on getting your ticket reduced or even dismissed, when possible. Construction zone speeding tickets may take a larger toll than you realize. Luckily, we’re here to reduce that impact. 

Points on Your License 

When you’ve been accused of speeding in a construction zone, you may also need to worry about the points on your license. If you’re pulled over more than once in a short period of time, these points can impact your license and your ability to drive. This is how speeding puts your license at risk.

For example, speeding in a construction work zone may net you three points on your license if you choose to plead guilty and pay the fine. If you receive twelve points in as many months, your license may be suspended for thirty days. If this speeding ticket isn’t your first offense, it’s more important than ever to seek help defending your case in the courtroom. 

Can I Lose My License for Speeding in a Work Zone? 

Unfortunately, points on your license can add up quickly. While your license may not be automatically suspended for speeding in a work zone, cumulative penalties can lead to serious consequences. 

For example, you may have accrued several points over time. Twenty-four points within thirty-six months can leave you without a license for a year. That’s a long time to rely on public transit or family and friends. 

But avoiding a license suspension may be possible, even if it feels difficult for you on your own. Your speeding ticket lawyer has the tools and experience you need for your defense. 

Talk with a Traffic Ticket Defense Attorney Before Your Court Date 

When you’re accused of breaking the law and endangering others, it can have a big impact on your future. 

Fortunately, your lawyer at Hersem Law wants to help you overcome these penalties. During your free strategy session, we’ll discuss your options for defense and how we can represent you in the courtroom. To learn more about our services and get your speeding ticket–related questions answered, reach out by calling 813-251-7291 or by completing the online contact form below. 

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Florida Drugged Driving Penalties

Driving under the influence of drugs is a serious offense, and a conviction can hurt more than your license. It can hurt your future. 

But what exactly are the serious repercussions for a drugged driving conviction? If you’re not sure what penalties you may be facing, review the details below, then speak with a Florida DUI lawyer at Hersem Law so you know what to expect and how we could help you avoid conviction. 

Penalties for Your License 

For a first-time offense, your license may be suspended for six months to a year. That’s in addition to the one-year administrative suspension if you refused to provide a breath, urine, or blood sample on the night in question. If you’re a working adult, that’s a significant amount of time to take a rideshare or public transportation. Worse, if you drive for a living, which may be the case for taxi and delivery drivers, truckers, and rideshare drivers, among others, you may have to seek other forms of transportation and even employment. 

If you have previous convictions, your license may even be revoked. That means you won’t just pay a fine to get it back. You’ll need to retake your driving test and pay your fines to get your license reinstated. 

Even if your case is reduced to a reckless driving charge, you will face penalties like points on your license if you’re convicted. 

Criminal Penalties 

Drugged driving will net you more than a traffic ticket. A DUI is also a misdemeanor, which means you may be facing criminal charges on your own if you don’t seek out a lawyer from Hersem Law. 

Even if this is your first offense, you may face a maximum of six months in jail for impaired driving. That’s a long time to be away from your family, your pets, and your home. 

You may also face financial penalties, which may include fines ranging from $500 (misdemeanor) to $5,000 (felony). There will be additional court costs and other outside expenses on top of the fines, so the financial penalties can total close to $10,000 even for a first DUI. 

Finally, you may also be expected to complete DUI school and community service hours before your sentence is complete. 

Impacts on Your Criminal Record 

It’s not just your license that will suffer—it’s your criminal record. Even if you pay your fees, serve any jail time, and get your license back, a criminal conviction will remain on your record for the rest of your life. That record is also public for those performing a background check. 

Let’s say you’re seeking a new job in the future. Your potential employer can see the drugged driving conviction on your record, and they may avoid hiring you. This issue can happen for those seeking housing, a loan, and other important services. 

That’s why it’s important to avoid the charges now rather than deal with their fallout later. If you don’t defend your case now, you can have trouble overcoming the penalties for drugged driving. 

Get a Strong Defense with a Drugged Driving Lawyer 

The penalties for driving while intoxicated can leave you struggling to get your life back on track. But what can you do to prevent these penalties? 

The lawyers at Hersem Law can help you act now to protect your future. If you’ve been accused of drugged driving, your lawyer can review the facts and build a defense to potentially get your charges reduced or even dropped. When you’re ready to learn more, reach out by calling 813-251-7291 or by filling out the following online contact form.