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What Happens When You Are Arrested In Daytona Beach

When someone is arrested in Daytona Beach or Volusia County they will be taken to the Volusia County Branch Jail. When taken to jail a few different things can happen. The accused can be bonded out by posting a cash bond, the accused can be bonded out by a bondsman or the accused can stay in custody until first appearance. At first appearance the accused can be released on their own recognizance, released on their own recognizance with conditions of pre-trial release or required to post a bond to be released. In some cases (punishable by life) the accused can be held without bond. After the first appearance the next court date is arraignment. If a private attorney is retained the arraignment will be waived and the accused will not have to appear. At arraignment the accused enters an initial plea and is informed of the charges they are accused of committing. After the arraignment the case will be set on a pre-trial docket. The pre-trial basically sets the status of the case for that month. It can be continued, set for a plea, set for a motion or set for trial. Some cases might have one pre-trial and other cases could have many more depending on the complexity of the case and issues involved. Most cases have 2-4 pre-trials before being resolved or set for trial. If the case is set for a plea date it will usually be resolved on the Friday before jury selection. If the case is set for trial the accused will be required to pick a jury a Monday and the trial will be set for another date during the trial period. If you are accused of a crime in Daytona Beach contact Kevin J. Pitts. Mr. Pitts handles DUI, traffic and misdemeanor cases.

Daytona Beach Bike Week DUI Information

     Bike Week is fast approaching and we usually see an increase in traffic violations and DUI arrests. Over the years local law enforcement have become more aggressive with Daytona Beach Bike Week DUI arrests. If you are visiting Daytona Beach as a tourist you are at a disadvantage. We frequently see infractions and DUI arrest stemming from stops based on driving that can be interpreted as impairment but in reality is just unfamiliarity with the local roads and traffic patterns. Add sleep deprivation from travel and a Bike Week tourist chances of being accused of impairment drastically increase.

     Some basic DUI procedures an out of state driver needs to be aware of are that Florida is an implied consent state. A Florida driver’s consent to a breath test is implied by obtaining a driver’s license. The bizarre twist is that Florida also claims that an out of state driver has also consented by driving on the roads in Florida. This does not make sense since nobody tells you that prior to driving in Florida but that is currently the law.

     If a driver refuses a breath test or submits a breath sample above a .08% Florida will suspend their license. Unfortunately for Florida they do not have jurisdiction over an out of state driver’s license so they issue a Florida license and suspended it instead. Then the suspension is submitted to the National Driver Registry. Florida hopes that your home state will honor the Florida suspension based on the interstate compact.

     During a DUI consider if you are likely to pass a breath test. If you have a legitimate shot you should submit to the test. The administrative license suspension is longer for a refusal than a breath test regardless of how high the result is. If you decide to refuse the breath test that also has some advantages but it is best to also refuse the field sobriety exercises. If a driver stumbles around on video a refusal will not save them from a conviction if the officer follows proper procedures.

     If you are arrested you should contact Daytona Beach DUI lawyer Kevin J. Pitts as soon as possible. If action is not taken within 10 days your driver’s license will be suspended automatically. Attorney Kevin J. Pitts focuses his practice on DUI and Daytona Beach traffic ticket defense. Mr. Pitts is a former DUI prosecutor and has been focusing his practice on defending driving cases since 2010. Call 386-451-5112 to set up a free consultation.

Daytona Beach Marijuana Possession Attorney

Marijuana laws are being relaxed or eliminated in numerous states across the country. That is not the case in Florida. Florida and the federal government continue to have harsh sanctions on possession of marijuana. Possessing a detectable amount of marijuana in Daytona Beach could expose you to a year in jail, a year of probation or any combination of the two. Typically extended jail sentences are not common for Daytona Beach marijuana possession cases but for multiple drug offenses sentences around 30 days are possible. What is even more serious is the potential for collateral consequences from marijuana possession or any other drug possession case. These consequences include a two (2) year driver's license suspension, denial of federal financial aid for school, denial of federal financial assistance and for undocumented workers potential deportation as an aggravated felon ( second marijuana possession or any possession of marijuana over 30 grams or any other drug possession charge). An experienced Daytona Beach marijuana possession attorney can help you avoid the potential collateral consequences. Something as simple as getting the charge amended or negotiating a diversion agreement could save your license and student loans. Many drug possession cases have search and seizure issues and stop issues that can result in potential defenses to your case. In constructive possession cases the state must prove that you had knowledge and dominion and control over the drugs for a conviction. An experienced Daytona Beach marijuana defense attorney can contest the states evidence and might be able to get your case reduced or thrown out. If you are accused of a Daytona Beach marijuana possession contact Kevin J. Pitts today to set up a free consultation. Call 386-451-5112 today.

Daytona Beach DUI Blog

This Daytona Beach DUI Blog is intended to provide DUI information to those arrested for a DUI in Daytona Beach and the surrounding areas. The blog will focus on Florida DUI law and local court decisions in Volusia County and the Fifth District Court of Appeals. Florida offers the absolute minimum protection under the fourth amendment under the lock step doctrine. Some other states may offer additional protection under state law. Some of the principles, techniques and legal issues might apply to other states but I cannot provide advice on that because I am only a Florida DUI lawyer and do not practice in other states at this time. Any Volusia County court decisions or 5th DCA opinions might be persuasive for other states and other regions in Florida. Some 5th DCA opinions can be binding on courts out I will try to occasionally post useful information but the side of the 5th district but only in limited circumstances. I am a former DUI prosecutor in Daytona Beach. Volusia County is typically one of the top ten counties in the state for DUI arrest and convictions despite a small misdemeanor division of 12 prosecutors when fully staffed. To find out more about my DUI practice visit Daytona Beach DUI Lawyer. To learn more about my firm and the other attorneys I work with go to Daytona Beach criminal defense lawyers. We have offices in Daytona Beach and Sanford and limit our practice to Flagler, Lake, Orange, Seminole and Volusia County. 

Daytona Beach Criminal Defense Lawyer Kevin J. Pitts

Daytona Beach criminal defense attorney and Daytona Beach DUI Attorney Kevin J. Pitts at The Law Offices of Kevin J. Pitts P.A. focuses his practice on DUI and criminal defense. Felony, misdemeanor or traffic ticket Daytona Beach attorney Kevin J. Pitts can handle it all. No matter how big or how small your case may seem Mr. Pitts is prepared to take the necessary steps to achieve the best possible result in your case. Daytona Beach criminal defense attorney Kevin J. Pitts has experience in traffic court, misdemeanor court, felony court and administrative hearings. Kevin J. Pitts handles cases in Volusia, Flagler, Seminole and Orange County.

What To Avoid When Hiring A Daytona Beach DUI Attorney

I spend a great deal of time talking with potential clients on the phone and in my office. Something that I am hearing more often from potential clients is that Daytona Beach DUI attorney so and so guaranteed me that he/she could beat my case. If an attorney ever guarantees a result ask them to put it in writing. A common trick in the criminal defense business is to promise high, deliver what you can and back pedal like crazy when the promise is not achieved. Some attorneys will try to blame it on the fact that they were not aware of some minute detail. Implying that you left something out when they made the promise. A responsible Daytona Beach DUI lawyer will not promise results during an initial consultation. A skilled defense attorney knows that the minute details can make or break a case. 

Another problem with promising the result is that the prosecutor, Judge and/or jury play a role in the outcome of the case. The prosecutor has the ability to make the case go away. A skilled defense attorney can help negotiate your case prior to trial to encourage the prosecutor to reduce or drop the case. The prosecutor will typically make a reasonable decision based on the facts in front of them. In the end it is the prosecutor’s decision not the defense attorney’s. If the prosecutor is not willing to give a reasonable offer a Daytona Beach DUI attorney can file defensive motions or set the case for trial. The judge decides legal matters in motions to suppress, motions in limine and motions to dismiss. Attorneys spend a great deal of time in front the local judges but it is never a good idea to promise what someone else will think or do. This is even more reckless when the attorney makes the promise before engaging in the discovery process. Some cases are better than others for a jury trial. To guarantee that a jury of six unknown people will acquit you prior to reviewing the discovery packet is foolish. 

An ethical Daytona Beach criminal defense attorney will discuss your case with you. From that discussion they will be able to spot potential legal issues. A few weeks after representation begins the attorney should receive all the states documents that will be used at trial or that are favorable for the defense. At this point the attorney has a much clearer picture of the issues in the case. I would recommend to anyone looking for an attorney to never hire someone based upon what they promise. If the promises sound too good to be true they probably are. Finally if someone promises that they will beat your case during an initial consultation that would be a good time to look for an honest attorney. Attorney Kevin J. Pitts will never promise you a result. We will discuss the law and facts of your case with you. Once retained our attorneys will leave no stone unturned to get the best possible resolution in your case. If you want to be told your case will magically go away we are not the firm for you. If you want a straight forward evaluation of your case call Daytona Beach criminal defense attorneys Kevin J. Pitts at 386-451-5112.