Ninety (90) Day Florida Driver's License Suspension for 18 points within 18 months

Suspended License Clearwater, Pinellas County

Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:

• Past successes do not guarantee future results.
• The facts and circumstances of your case may differ from the cases discussed in our recent case results.
• Not all results are provided.
• The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.

I do not agree.

A Tampa woman received a letter from the Florida Department of Highway Safety and Motor Vehicles (DHSMV) which notified her that her driving privilege was about to be suspended by the State of Florida for a period of three (3) months or ninety (90) days because she received eightteen (18) points on her driving record within 18 months under Florida Statutes Section 322.27(3).

One of the underlying tickets that caused the 90 day suspension of the driver's license was a speeding ticket with four (4) points from Pinellas County Traffic Court, North County Branch, 29582 U.S. 19 N., Clearwater; FL 33761. The Tampa woman had paid the ticket for the speeding not knowing that those four points would later cause the three month suspension. The Tampa woman travels for her work and is required to rent vehicles for business purposes. The three month suspension would have presented serious problems for the Tampa woman's ability to travel and perform her job.

Just one week after the Tampa woman hired the Sammis Law Firm, on February 23, 2009, a judge in North Pinellas County Traffic Court granted the Tampa woman's motion to vacate the conviction that caused the 3 month or 90 day suspension. The client was able to avoid the three month suspension for having 18 points in 18 months. The Tampa woman did not have to appear in court, and through her attorney, was able to resolve her case with a "withhold of adjudication" which did not put any points on her license, the same fines and costs already paid, although she is now required to take a four hour on-line driving improvement class within the next 30 days.

---

Information Upon Request Zone

The Florida DHSMV will not impose the suspension (if it has not already become effective) or will immediately lift the suspension (if it has already become effective) upon receiving a copy of the order that vacates the conviction. If your Florida driver's license is about to be suspended for excessive points, contact an experienced post-conviction attorney to discuss filing a motion to vacate one of the underlying offenses in Hillsborough County, Pinellas County, Polk County or Pasco County. Click here to find out more information about avoiding a suspension of your driver's license in Florida.

If you have received notice from the Florida DHSMV that your driver's license is about to be suspended because of too many points on your driving record, call 813-250-0500 to discuss your case with an attorney that focuses on helping Florida driver's protect their driver's license.

Polk County Terminates Child Abuse Probation Early, In Part, Due to Sentencing Error

Early Termination of Probation in Florida

Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:

• Past successes do not guarantee future results.
• The facts and circumstances of your case may differ from the cases discussed in our recent case results.
• Not all results are provided.
• The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.

I do not agree.

The client hired the Sammis Law Firm because he wanted an attorney to file and litigate a motion to terminate probation early in Polk County, Florida. In 2002 the man entered a "no contest" plea to two counts of third degree child abuse pursuant to Florida Statutes Section Section 827.03. The Polk County Circuit Court Judge sentenced the man to 5 months in county jail plus 10 years probation for the two child abuse charges which were to be run concurrent (run together at the same time).

After the client had served more than six years of the ten years of probation, the client's original motion for early termination was denied by the Court in Polk County, FL. The court reasoned that since the underlying charges related to child abuse, he was not inclined to terminate probation early. Ms. Sammis then filed an amended motion for early termination and a "Motion to Correct Illegal Sentence Pursuant to Florida Rule 3.800(a) Where the Error is Apparent on the Face of the Record."

The Florida Rule 3.800(a) motion showed that the client's plea to two third degree felonies for child abuse under Florida Statutes Section 827.03 were punishable by a maximum of five years in prison unless the Criminal Punishment Code (CPC) score sheet exceeded the statutory maximum. See Florida Statutes Section 921.0024(2), Fla. Stat. (2004). In this case, the lowest permissible prison sentence indicated on the CPC score sheet was 19.5 moths which was well below the statutory maximum. Therefore, the maximum sentence in this case for each count was 5 years in Florida State Prison.

The actual sentence imposed in the case was illegal for two reasons, and that illegality was apparent on the face of the record. First, the sentence was illegal because the maximum sentence for a third degree felony such as child abuse under Florida law would be five years probation on each count with credit for time served instead of 10 years probation. Second, the Polk County written order states that the jail sentence of 5 months was to be served prior to the term of probation beginning which extended the sentence on each third degree felony to 10 years and 5 months.

The negotiated sentence was for a "concurrent" sentence on each count. Any sentence in excess of 5 years was in error and illegal. The fact that the sentence was part of a negotiated plea does not affect the illegality of the sentence. See Acres v. State, 925 So.2d 435 (5th DCA 2006), review dismissed, 940 S0.2d 427, rehearing denied.

The client took the position that he wanted the probation terminated early as quickly as possible. When the case went before the court the second time, the prosecutor still objected to terminating the probation early, but conceded that the form of the sentence was incorrect. The court granted the motion to terminate probation early, specifically stating on the record that the reason for granting the motion was because of the error in the form of the sentence. Because the Court granted the motion to terminate the probation early, the sentencing error became a moot issue. The client was pleased with the result and relieved to walk out of the courtroom a free individuals who was no longer on probation.

---

Information Upon Request Zone

If you are currently serving a felony probationary sentence in Florida and are considering filing a motion to terminate your felony probation early, contact an experienced criminal defense attorney to discuss your case.

Read here for more information on hiring an attorney for child abuse charges in Bartow, Polk County, FL.

Felony Charge of Aggravated Battery with a Deadly Weapon in Tampa, Hilsborough County, FL

Case Results in Aggravated Battery Case with a Deadly Weapon in Tampa, Hillsborough County, FL

Women can be the victims of false claims of domestic violence. These false claims are often motivated by a desire to control a situation improperly, or gain an advantage in a future child custody or child support hearing. These claims are particular difficult to defend because the alleged victim may go to extraordinary lengths to actively encourage the prosecution and may offer false testimony in an attempt to convict an innocent person of a crime they did not commit. Continue reading if you would like to see more information about a recent case result we obtained in a Tampa Aggravated Battery with a Deadly Weapon Case prosecuted in Hillsborough County, FL.

Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:

• Past successes do not guarantee future results.
• The facts and circumstances of your case may differ from the cases discussed in our recent case results.
• Not all results are provided.
• The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.

I do not agree.

All Charges Dropped After Demand for Speedy Trial

In a recent case, a Tampa woman and mother of two was charged with the felony offense of Aggravated Battery with a Deadly Weapon in violation of Florida Statutes 784.045(1)(a)(2) in Hillsborough County, Florida. The arresting officers arrested her for this serious felony offense after her former boyfriend, the father of her two children, alleged that she attempted to run him over with her car after an argument. The Hillsborough County State Attorney's office filed charges against her for "intentionally causing bodily harm" with a deadly weapon, the motor vehicle.

The alleged victim (the man) alleged that he was walking to the woman's house to watch their two children while the woman went to work. The alleged victim (the man) alleged that as he was walking on the sidewalk towards the woman's house he saw the woman driving her car towards him. He reported that he saw the woman swerve the car toward him and actually caused the vehicle to strike him on the arm at a high rate of speed as he tried to jump out of the way. The alleged victim (the man) alleged that he had a bruise on his arm and was injured during the incident.

The officer then questioned the woman about the accusations. She denied striking the man with her vehicle, and said that she had pulled her vehicle over to speak with the alleged victim (the man) because he was late arriving at the house to watch the children, which was going to make her late to work. She said that as she pulled off, she heard a large thud, and though the man had kicked the back passenger side of her vehicle in a fit of rage. She told the officer that she and the alleged victim (the man) had been arguing earlier in the day about his demand that she reduce the amount of child support that he had been ordered to pay. After the incident, she told the officer that the man called and threatened to call the police and take the children away from her. Despite the inconsistencies in the evidence, the officer arrested the woman for Aggravated Battery with a Deadly Weapon.

The day after the incident the Tampa man filed a petition and then received an ex parte temporary domestic violence injunction against the woman and was awarded temporary custody of the two young children. The woman hired attorney Leslie Sammis and filed a cross-complaint for a domestic battery injunction against the man because she believed that she was the true victim of domestic violence by the man on several occasions leading up to the false accusation against her.

Attorney Leslie Sammis represented the mother at the domestic violence injunction hearing for a restraining order on August 5th, 2008 before the Honorable Cheryl Thomas. The judge granted each party an injunction (or restraining order) against each other but awarded temporary custody of the children to the mother and did not award any specific visitation to the father.

Although the incident with the vehicle occurred in July, the State Attorney's Office took nearly six months to make a filing decision before deciding to file the charges against the Tampa woman. After taking depositions of the state's witnesses, an attorney at the Sammis Law Firm filed a notice of expiration of speedy trial on February 2, 2009. The notice of expiration of speedy trial forced the prosecution for the State of Florida to conduct a hearing within 5 days, and then begin the trial within 10 days after the hearing. A hearing on the notice of expiration of speedy trial was held on February 6, 2009. At that time, the Honorable Denise A. Pomponio, Judge of the Circuit Court of Hillsborough County schedule a pre-trial conference on February 11th and the jury trial on February 16th (within 10 days of the speedy trial hearing).

On February 11, 2009, the Hillsborough County State Attorney's Office announced that because of discrepancies in the case and the fact that the Tampa woman had taken an eight (8) hour anger management class on-line, that the State of Florida would drop or "nol pross" the charge of Aggravated Battery with a Deadly Weapon. The Tampa woman walked out of the courtroom a free woman exonerated of the felony aggravated domestic battery charge.

---

Information Upon Request Zone

Ms. Sammis, a Tampa criminal defense attorney, represents both men and women charged with domestic violence, including aggravated battery in Hillsborough County, Pinellas County, Polk County and Pasco County. Women can be particularly vulnerable to false claims of domestic violence, which can have a huge impact in future child custody cases.

If you have been falsely accused of domestic violence, it is important to speak with an attorney immediately about protecting your rights and securing evidence that might otherwise be lost with the passage of time. If you have been arrested for domestic battery, aggravated battery or aggravated battery with a deadly weapon, contact an experienced Tampa Domestic Violence Attorney at the Sammis Law Firm to discuss your case today at 813-250-0500.

New Plant City Courthouse Construction to Begin This Summer

Misdemeanor Criminal Cases in Plant City, Florida

Construction of the new Plant City Courthouse may begin as early as July of 2009. Many lawyers practicing criminal defense in Plant City, Florida, expect the newly constructed courthouse to help revitalize the area and stimulate additional office development nearby.

The new two story courthouse may open as early as the summer of 2011. The new courthouse will be constructed in the grassy parking lot area across the street from the current Plant City Courthouse located at 302 North Michigan Avenue.

The current plans for the new courthouse include four courtrooms and will be more than 60,000 square feet which could provide enough room for misdemeanor and felony jury trials. Felony cases are currently transferred from Plant City to the Tampa Courthouse because of a lack of holding facilities. It is still unclear whether any additional cases will be transferred to the Plant City Courthouse after construction is complete.

At the moment, the only criminal cases heard at the Plant City Courthouse are for misdemeanor offenses such as DUI, driving on a suspended license, racing, reckless driving, suspended license charges, violation of probation, domestic violence, assault and battery, trespass, petit theft

shoplifting, and possession of marijuana.

If you have been arrested for any misdemeanor criminal offense in Hillsborough County, contact a criminal defense attorney for Plant City to discuss your case today.

At the Sammis Law Firm, we represent individuals charged with misdemeanor offenses in Plant City, Florida, including violation of probation, DUI, shoplifting, petit theft, driving while license suspended or revoked, reckless driving, and domestic violence battery.

Tampa Domestic Violence Attorney

If you have been arrested for a Domestic Violence crime in Florida, you are charged with a very serious offense. A conviction will cause a life time ban of your right to carry a firearm. Even if you enter a plea of "no contest" and adjudication is withheld, you will not be eligible to have your record sealed. If you need an experienced Tampa Domestic Violence Attorney contact the Sammis Law Firm to speak with an attorney about your case. We handle Domestic Battery and Domestic Violence cases throughout the Tampa Bay Area including Hillsborough County, Polk County, Pinellas County, Pasco County, Manatee County, and Sarasota County.

Under a federal statute known as the Lautenberg Act, it is a crime for any person who has ever been convicted of a "misdemeanor crime of domestic violence" to possess a firearm. See 18 U.S.C. Section 922(g)(9). The Lautenberg Law was enacted by Congress in 1996. Violation of this statute is a federal offense that carries a maximum sentence of 10 years in federal prison. See 18 U.S.C. Section 924(a)(2). Under these federal criminal provisions, any conviction for domestic violence, domestic battery, domestic assault, or any similar charge makes it illegal to possess, own, buy, or sell a firearm.

Many people who enter a plea to a domestic violence charge, even a misdemeanor, are not aware that they are losing this important civil right. Unfortunately, the federal provisions of the Lautenberg Act provide for a life time ban of your right to possess a firearm.

Similar provisions apply to person who are currently subject to a domestic violence restraining order. Under Florida law, a domestic violence protective order or restraining order will contain a provision that the subject of the order may not possess a firearm. Section 741.30(1)(a), Florida Statute. If the alleged victim in the case alleges that you possess a firearm, the Sheriff's Office will usually send a law enforcement officer to seize the firearm. Additionally, judges usually impose a similar ban on possessing a firearm as a condition of bond for domestic violence charges well before any conviction occurs.