Criminal Law FAQs And Information

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If you have been charged with a crime, don’t hesitate to contact me, an experienced criminal defense attorney. It is important to contact a local attorney such as myself who is familiar with local rules, regulations and courts in the area. At Frank P. Bianco, P.A., located in New Port Richey in Pasco County, I am happy to answer any questions you may have during a free consultation.

Follow these links to important information, and scroll down this page for answers to commonly asked questions.

Frequently Asked Questions To Defense Attorney In New Port Richey

Should I refuse a breathalyzer test? The answer to this question depends on the situation. If you have no prior DUI arrests and have had one or two drinks, it is generally best to submit to the Intoxilyzer test. While a first refusal of the test is not a separate crime, it can exempt you from having charges dropped that you may be eligible for even if you test above the legal limit. If you have had three drinks or more in the past several hours and no prior DUI arrests it is probably best not take the test. If you have had prior DUI arrests the answer to this question is more complicated. For example, if you have a prior breathalyzer refusal, a second refusal is a separate offense. So if you have had prior refusals or DUI arrests it is important to contact me so that I can provide you with the best option for your particular circumstances.

Can text messages be used as evidence? Text messages can be used as evidence but it can be difficult to prove the actual source of a message. In any event it is wise to be mindful of what you communicate through text messages or other electronic means.

How do I get my records sealed? In a number of circumstances, if charges are dropped or if adjudication is withheld you may be eligible to have your record sealed or expunged. This is not automatic and involves a separate process. Contact me to request assistance.

What does it mean to have the “adjudication withheld”? Once you have been found guilty of a crime the court has the option to withhold adjudication — meaning that you are not convicted of the crime. This may occur due to agreement to enter a diversion program or other alternative option agreed to by the court. Having the adjudication of guilt withheld can open the option to have your record sealed or expunged under certain circumstances.

Can I get a concealed weapons permit if I have a criminal record? One of the most important reasons to hire an experienced defense attorney is to protect your rights, not just related to the immediate consequences of a crime but also to protect your future rights. Criminal arrests can prevent you from securing certain jobs, getting into certain colleges or programs and getting weapons permits. Certain crimes can prevent you from getting a concealed weapons permit even if you are not convicted or are convicted and get a “withhold of adjudication.” Some of these crimes include:

  • Felonies
  • Domestic violence
  • Charges related to drugs or controlled substances

Should I take my traffic ticket to court? Whether to take a ticket or citation to court depends on a number of factors including the type of ticket involved, your previous history and other factors. It is important to ask an experienced attorney such as myself about the best course of action for your particular circumstances.

What does a speedy trial mean and should I waive my right to a speedy trial? If you do not waive your right to a speedy trial the state must bring your case to trial within 180 days for a felony and 90 days for a misdemeanor. After the time limit for a speedy trial you have the right to ask for dismissal, but the state has a 15-day recapture window to get you into court.

If You Have Questions, Ask A Criminal Defense Lawyer In Pasco County. Contact Frank P. Bianco, P.A., For A No-Cost Consultation. Call Me At 727.843.0097!

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