Aiken & O'Halloran FindLaw IM Template 2026-05-15T14:31:47Z https://www.aikenohalloran.com/feed/atom/ WordPress /wp-content/uploads/sites/1403580/2022/08/cropped-AOH-site-icon-32x32.png On Behalf of Aiken & O’Halloran <![CDATA[The impact of drug crime charges on future employment]]> https://www.aikenohalloran.com/?p=47051 2024-04-20T04:02:52Z 2024-04-20T04:02:52Z Challenges in securing employment Employers often conduct background checks before hiring new staff. A drug crime charge on your record can be a significant deterrent. Industries that are particularly sensitive include healthcare, education and government roles, where clean records are often mandatory. Even if the charge did not lead to a conviction, the mere appearance of the charge can cause potential employers to hesitate.

Legal rights concerning background checks

It's important to know your legal rights regarding background checks. Some states have laws that allow individuals to not disclose certain types of criminal charges after a certain period has passed. Understanding these laws can help when applying for jobs, as you might legally withhold that information from potential employers.

Impact on professional licenses

Drug crime charges can also impact professional licensing. Many licensing boards require disclosures of any criminal charges and can deny or revoke licenses based on criminal history. This can affect careers in fields such as nursing, law and pharmacy.

Strategies to improve employability

Understanding some of the strategies used to help people get jobs after being charged with a drug crime can be helpful.
  • Expungement: In some cases, you can apply to have your record expunged, which means the charges get removed from public records.
  • Rehabilitation programs: Participating in drug rehabilitation programs can demonstrate to potential employers that you have taken steps to address any past issues. This can sometimes mitigate their concerns.
  • Honesty: Being honest about your past when it is necessary to disclose can sometimes work in your favor. Employers often value transparency and the ability to own up to past mistakes.
While drug crime charges can undoubtedly complicate job searches, understanding your rights and available options can help improve your chances of securing employment.]]> On Behalf of Aiken & O’Halloran <![CDATA[3 things you may not know could violate your probation]]> https://www.aikenohalloran.com/?p=47049 2024-03-11T21:33:17Z 2024-03-11T21:33:17Z 1. Associating with known felons One often overlooked probation condition is the prohibition of associating with known felons. This means you cannot have any contact, whether in person, over the phone or through social media, with individuals convicted of a felony. Even if the person is a close friend or family member, associating with them could result in a probation violation.

2. Failing to report a change of address

If you move to a new residence while on probation, it is your responsibility to notify your probation officer within a specified timeframe, usually within a couple of days. Failing to report a change of address can qualify as a violation of your probation, even if you did not intend to deceive anyone. Make sure to keep your probation officer informed of any changes in your living situation.

3. Traveling across state lines

Depending on the terms of your probation, you may have travel restrictions. These restrictions often prohibit traveling outside your county or state without prior permission from your probation officer. In those cases, you must request and obtain approval before making any travel plans, even if it is for a short trip or an emergency. Failing to do so could violate your probation. Since probation violations often result in jail time, you should make every effort to avoid these instances and protect your freedom.]]> On Behalf of Aiken & O’Halloran <![CDATA[Recent Florida drunk driving statistics]]> https://www.aikenohalloran.com/?p=47047 2024-02-27T16:26:21Z 2024-02-27T16:26:21Z Overview of DUI stats Alcohol-related fatalities account for a significant portion of total traffic deaths. According to recent data, there were 814 alcohol-impaired driving fatalities in 2019. This represents 26.7% of all traffic fatalities in the state.

DUI arrest statistics

Law enforcement agencies are actively combating drunk driving through DUI arrests. In 2019 alone, there were 24,015 DUI arrests across the state. These arrests are a testament to the ongoing efforts to identify and apprehend individuals who choose to drive under the influence of alcohol.

Underage drinking and driving

Underage drinking and driving presents a particularly concerning aspect of current DUI statistics. In 2019, there were 4,116 underage DUI arrests in the state. This figure illustrates the importance of education and prevention efforts targeting young drivers to deter them from making dangerous choices behind the wheel.

Consequences of a DUI

The legal ramifications of a DUI charge are certainly severe. Individuals convicted of driving under the influence face a range of penalties, including fines, license suspension, mandatory DUI education programs and even imprisonment for repeat offenders. Recent drunk driving statistics underscore the ongoing challenge of combating impaired driving. They also make it apparent that anyone can face a DUI-related traffic stop and the possibility of DUI charges at any time.]]> On Behalf of Aiken & O’Halloran <![CDATA[4 ways illegal search and seizures happen]]> https://www.aikenohalloran.com/?p=47043 2023-12-07T20:22:45Z 2023-12-07T20:22:45Z 1. Absence of a warrant One common way illegal searches transpire is when law enforcement proceeds without obtaining a search warrant. The Fourth Amendment generally requires officers to acquire a warrant from a judge, based on probable cause. If no warrant is available during a search, it could be illegal, providing a solid defense for the accused.

2. Lack of probable cause

Probable cause is the linchpin for lawful searches. In Florida, if law enforcement lacks sufficient evidence or reasonable belief that a crime occurred, is occurring or will occur, any ensuing search may be illegal. Demonstrating the absence of probable cause becomes a potent defense strategy for those facing criminal charges.

3. Overstepping the scope

Even with a valid warrant, law enforcement must adhere strictly to its stipulations. Straying beyond the boundaries specified in the warrant renders the search illegal. If a person charged with a crime can prove that the search exceeded the authorized limits, it constitutes a viable defense.

4. Consent coercion

Obtaining consent for a search is a common practice. However, coerced consent, whether through intimidation or misinformation, invalidates the search. Individuals facing criminal charges can use this as a defense by demonstrating that their consent was not freely given. In 2021, Florida Law enforcement made 508,490 arrests. Although a stressful and overwhelming event, leveraging the right defenses can help individuals charged with a crime seek justice within the bounds of constitutional protections.]]> On Behalf of Aiken & O’Halloran <![CDATA[What crimes are eligible for expungement in Florida?]]> https://www.aikenohalloran.com/?p=47041 2023-11-07T17:32:46Z 2023-11-07T17:32:46Z Non-conviction records If you experienced an arrest but were not convicted of a crime, your record may be eligible for expungement. This means that if the court did not find you guilty, you can apply to have your record expunged. Be aware that there are criteria and waiting periods associated with non-conviction records.

Juvenile records

In Florida, juvenile records are often eligible for expungement under certain conditions. Juvenile records can include offenses committed when an individual is under the age of 18. Expunging a juvenile record can help young individuals move forward in life without the burden of a criminal history.

Certain misdemeanors

Generally, less serious misdemeanors are more likely to be eligible for expungement. Check the eligibility criteria for the misdemeanor in question and wait for the provided period before applying. According to a study conducted by the National Institute of Justice, 9 out of 10 people who sought expungement were able to clear their criminal records completely. If your Florida criminal record is eligible for expungement, then it is likely in your best interest to move forward with the process.]]> On Behalf of Aiken & O’Halloran <![CDATA[Consequences of a DUI conviction]]> https://www.aikenohalloran.com/?p=47039 2023-10-16T18:05:27Z 2023-10-16T18:05:27Z Legal consequences Did you know that 13,384 people died in drunk-driving incidents in 2021? As a result of the dangers inherent in this behavior, you could face fines, probation, mandatory alcohol education programs and jail time. These legal penalties vary depending on the severity of the offense and whether it is your first conviction.

Driver's license suspension

A DUI conviction often results in the suspension or revocation of your driver's license, making it challenging to get to work, school or other important places. Reinstating your license usually requires attending alcohol education programs and paying hefty fines.

Increased insurance costs

Insurance companies view DUI convictions as high-risk behavior, so your insurance premiums will likely skyrocket if the company continues to insure you at all. This can strain your finances for years, and you may find it more challenging to find and afford coverage.

Employment consequences

Your reputation can suffer as a result of a DUI conviction. Friends, family and colleagues may view you differently, and the stigma associated with drunk driving can linger for a long time. In fact, many employers perform background checks and a DUI on your record may make you less desirable to potential employers, especially for jobs that involve driving or handling sensitive tasks.

Immigration issues

For non-U.S. citizens, a DUI conviction can lead to deportation, visa revocation or difficulties obtaining legal status in the future. The best option for avoiding these consequences includes assigning a designated driver or calling for a ride if you have imbibed.]]> On Behalf of Aiken & O’Halloran <![CDATA[When can you expunge your criminal record in Florida?]]> https://www.aikenohalloran.com/?p=47035 2023-09-03T04:35:10Z 2023-09-03T04:35:10Z Eligibility criteria Not all criminal records are eligible for expungement. The state of Florida outlines specific eligibility criteria that you must meet:
  • First-Time Offenders: If you were a first-time offender and you received a withheld adjudication, you might be eligible for expungement. Withheld adjudication means that although the court found you guilty, a conviction was not formally entered.
  • No Convictions: Your criminal record is only eligible for expungement if you received no formal conviction of a crime. This includes both felony and misdemeanor convictions.
  • Waiting Period: There is usually a waiting period after the closing of a case before you can apply for expungement. This waiting period varies based on the outcome of your case.
If you do not meet any one of the necessary criteria, the crime in question is not eligible for expungement.

Juvenile records

For individuals who were minors at the time of the offense, there is a separate process to expunge juvenile records. In Florida, certain juvenile records are eligible for expungement once the individual turns 21, or after a specified period from the resolution of the case. The Florida Department of Law Enforcement reports that 255,213 arrests took place in 2020. Though this number is surprisingly high, a large amount of those arrests will become eligible for expungement if they were for misdemeanor crimes.]]> On Behalf of Aiken & O’Halloran <![CDATA[Understanding your rights in consent searches]]> https://www.aikenohalloran.com/?p=47024 2023-07-11T04:41:46Z 2023-07-11T04:41:46Z protect your rights when law enforcement asks to search without a warrant.

Consent is voluntary

Remember that you have no obligation to consent to a search. Consent is voluntary and you have a right to refuse that search. If enough evidence exists, the officer should have grounds for a warrant, so you are well within your rights to refuse consent.

Consent is fluid

Another important factor to consider with search consent is the fluid nature of that consent. You not only have the right to revoke your consent at any time, but you also have a legal right to restrict what your consent applies to. You may provide consent for an officer to search one room and not the rest of the house, for example.

Consent refusal is not punishable

Given the voluntary nature of consent searches, your right of refusal is not punishable. For example, refusing consent should not result in arrest or detainment. Document your refusal whenever possible to protect your rights. Protecting your rights starts with understanding those rights. Consent search is often misunderstood and misinterpreted. Remember that you have the right to refuse a search without a warrant and can even revoke consent after giving it.]]> On Behalf of Aiken & O’Halloran <![CDATA[Understanding the process of expunging charges in Florida]]> https://www.aikenohalloran.com/?p=47022 2023-06-15T22:16:02Z 2023-06-15T22:16:02Z What does expungement mean? Expungement refers to the process of legally erasing a criminal record or a specific charge from a person's record. It means removing the charge from public view, making it as though the crime never occurred. It is important to note that in Florida, expungement does not erase the record entirely but seals it from public view.

Who is eligible for expungement?

Eligibility for expungement in Florida depends on several factors. These include the type of crime, the outcome of the case and whether the person has any prior convictions. Individuals who received a not-guilty verdict, had charges dropped or dismissed or completed a pre-trial diversion program may be eligible for expungement.

Are there some charges you cannot expunge?

Florida law maintains that you cannot expunge certain crimes. These include, but are not limited to, violent crimes such as murder and kidnapping. Other crimes like arson, aggravated assault and certain child abuse charges are also typically not eligible for expungement.

How long does the expungement process take?

The length of the expungement process varies, but it usually takes several months. The process involves obtaining a certificate of eligibility from the Florida Department of Law Enforcement and filing a petition in court.

Does expungement erase the record completely?

While an expungement seals a record from public view, certain agencies such as law enforcement and the court can still access these records in specific situations. For example, if the person commits another crime, these agencies may access the records. Although it is a complex process with specific eligibility requirements, expunging charges in Florida can provide a fresh start for individuals with a criminal record.]]> On Behalf of Aiken & O’Halloran <![CDATA[Under what circumstances can police conduct a warrantless search?]]> https://www.aikenohalloran.com/?p=47018 2023-05-13T19:04:44Z 2023-05-13T19:04:44Z unreasonable searches and seizures by the government. However, in certain circumstances, police can legally conduct a warrantless search and not violate the Fourth Amendment.

1. After obtaining consent

If a person gives their consent entirely voluntarily, the police can conduct the search without a warrant. It is important to note that the consent must not result from coercion or intimidation by the officer.

2. When evidence is in plain view

If the police officers are legally present in an area and see evidence of a crime in plain view, they can seize it without a warrant. For example, if the officer is legally in a person's home and they drugs and paraphernalia on the kitchen table, they can seize the drugs without a warrant.

3. After a lawful arrest

Police can conduct a warrantless search incident to arrest. This means that when they lawfully place a person under arrest, the police can search the person and the area immediately surrounding them without a warrant.

4. In exigent circumstances

Exigent circumstances refer to situations where an immediate threat to public safety or imminent destruction of evidence exists. In these moments, the police can conduct a warrantless search to prevent harm or loss of evidence. While the Fourth Amendment generally requires police to have a warrant before conducting a legal search, warrantless searches may occur in certain circumstances.]]>