Archive for 'Frequently Asked Questions'

Q. “Why is it a felony DUI if my 1st DUI was 30 years ago?” A. “Here’s the answer to ‘when’ they can charge you with a ‘felony’ DUI, rather than a misdemeanor DUI,” offers Ft. Lauderdale criminal defense lawyer John M. Castellano

Posted by:

“If you have been arrested for DUI three (3) times in your life, you’re facing a FELONY DUI for your 3rd arrest, regardless of how long ago the 1st DUI occurred. Even if your 1st DUI was 30 or 40 years ago, it still qualifies as a foundational predicate DUI ‘prior,’ for purposes of felony ‘enhancement’ … meaning that the prosecutors will ‘enhance’ a new misdemeanor DUI and upgrade the new arrest to a FELONY DUI, **so long as your ...

Continue Reading →
0

Q. “I have to have at least a gram of cocaine before they can charge me with a felony amount, right?” A. “Wrong, and let me tell you how little is enough to charge you with a felony,” explains Ft. Lauderdale criminal defense lawyer John M. Castellano

Posted by:

“If you have a tiny straw in your possession with only a trace amount of cocaine residue on the end of the straw, THAT minuscule amount of cocaine is enough to get yourself charged with felony cocaine possession in Florida.” — Ft. Lauderdale criminal defense attorney John Castellano

Please feel free to call me anytime in the office at 954 766 8810, and I will be privileged to help you. I am,

Always there for you and your family,

John Castellano

 

Continue Reading →
0

Q. “They can’t just take my car and keep it, can they, just because I had marijuana in it?” A. “Oh, grasshopper,” opines Ft. Lauderdale criminal defense lawyer John M. Castellano, “you’ll be walking to my office for the full answer, but here’s a glimpse:”

Posted by:

“It’s called “CIVIL forfeiture” when they ‘seize’ and try to ‘forfeit’ or keep YOUR car for themselves, and we’ll agree here, there ain’t nothing ‘civil’ about it. You say, ‘Hey, wait, that’s MY car and I own it and I paid for it and I have the title in my name, so how can they keep it?!’ They can, and here’s how:

“The Florida forfeiture statute (laws) basically state that ‘title’ to your car vests immediately in the arresting agency the ...

Continue Reading →
0

Q. “Has crime gone up, and do you have many more clients, since the economy weakened?” A. “Yes, and no, and here is why,” explains Ft. Lauderdale criminal defense lawyer John M. Castellano

Posted by:

“The Public Defender’s clients multiply when there’s little to no money floating around the economy, as even those who used to have money, can no longer afford private counsel when they’re arrested, or if their kids get arrested.” Ft. Lauderdale criminal attorney John Castellano

“The judges routinely appoint public defenders these days without conducting the required colloquy that is necessary before making a fully informed decision on the individual’s finances, i.e., that the individual accused is ‘indigent,’ meaning, that the accused ...

Continue Reading →
0

Q. “What if I feel like cooperating with the Feds, even if I’m the target of the Grand Jury, and I get a grand jury subpoena?” A. “Read this first,” warns federal criminal defense lawyer John M. Castellano

Posted by:

Call me directly a the office and I’ll tell you the real deal on what to expect in virtually any and every scenario or situation, but until then, here is just a little heads up:

Example excerpts of a FEDERAL confirming representation letter, *IF the accused client decides to enter into a “substantial assistance” agreement and cooperate with the prosecution:

Potential cooperation; “ substantial assistance”

“To be sure, the agents and the federal prosecutor are typically quite interested in receiving a proffer ...

Continue Reading →
0

Q. “How can they suspend my drivers license for five (5) years, just for some tickets?!” A. “Here’s how easy it is to be classified as a ‘habitual traffic offender,’ and lose your license for five (5) years:” — Ft. Lauderdale criminal defense lawyer John M. Castellano

Posted by:

“This is how easy it is to become a so-called ‘habitual traffic offender, ‘ and lose your drivers license for five (5) years: Let’s say you miss your court date for a speeding ticket, as an example; and consequently, the Judge then issues what is called a D-6 which essentially suspends your drivers license … and then you’re thereafter caught driving on THAT particular ‘suspended DL’ — and then imagine a scenario wherein you’re convicted of that ...

Continue Reading →
0

Q. “They can suspend my license for two (2) years, just because I had a tiny bit of marijuana?” A. “Yes, grasshopper, and this is the new law, so check it out:” — Ft. Lauderdale criminal defense lawyer John M. Castellano

Posted by:

“It used to be, you had to be convicted of a felony drug offense — at least a felony weight of marijuana which happens to be an amount over twenty (20) grams, but that’s NOT the case anymore.” — Florida criminal defense attorney John Castellano

“The laws have changed in Florida and the judges are NOW required by statute to revoke and suspend your drivers license for two (2) years *if you are ‘adjudicated’ (i.e. fancy word for ...

Continue Reading →
0

Q. “It was only a little bit of weed, so how can they take my car?!” A. Oh, grasshopper, how the laws have changed,” and let me tell you how:” — Ft. Lauderdale criminal defense lawyer John M. Castellano

Posted by:

“You’d be right in thinking that they could only ‘seize’ and thereafter ‘forfeit’ your car — or at least institute forfeiture proceedings as against your vehicle, if you had been arrested for a ‘felony’ charge in connection with the ‘use’ of your vehicle; but ALL that has changed now.” — Florida criminal defense attorney John Castellano

The forfeiture statutes that have been upheld as constitutional, state that the ‘title’ to your vehicle ‘vests’ in the ‘arresting agency’ (Ft. Lauderdale Police Department, ...

Continue Reading →
0

Ft. Lauderdale personal injury lawyer John M. Castellano tells you straight up: “When the doc asks you how you’re doing, don’t say, ‘I’m OK,’ if in fact you’re NOT, as the docs and nurses write down everything you say.”

Posted by:

“Sounds simple enough, and yet it’s true that many people will routine and habitually say they’re ‘OK,’ just as a polite response, or because they don’t want to sound like a whiner or complainer. The problem with this rote response, is that the nurses and doctors will then write down, ‘patient states, ‘feeling OK,’ which will then be used against you LATER, when you legitimately claim to have truly injured and that you have been in pain all along. The ...

Continue Reading →
0

Q. “Why should I tell them I had an accident before — and it’s not their business to know, if I’m truly hurt in the new accident, right?” A. “Wrong,” explains Ft. Lauderdale personal injury lawyer John M. Castellano, “and here’s why:”

Posted by:

“I know you think it’s none of their (the insurance company’s) business to know of your earlier accident and earlier, historical injuries, since you were legitimately injured yet again in this new car accident, for example; BUT if you lie or omit the truth under oath when asked about historical accidents and earlier injuries (what the law calls ‘preexisting conditions’) then the adjusters (or a jury if the case is not settled) will NEVER believe you when you say ...

Continue Reading →
0
Page 2 of 7 12345...»