Thursday, June 15, 2017

Why I Do What I Do

I am often asked one of several questions by people with no understanding of what I do:
I am very proud of what I do.  I work each and every day to protect people and their Constitutional rights.  I protect them from an overzealous government.  I protect innocent people and people who have made mistakes.  And make no doubt about it, everyone makes mistakes.  

I have always been a public servant. I worked for over ten years as a public school teacher.  There did come a point however, when I decided I needed to do more.  I saw kids that I could not reach. They were not going to do their homework for me or learn from me when they weren't safe at home (think back to Maslow's hierarchy of needs).  

When I started law school, I immediately became an intern at the Public Defender's Office.  My first week on the job I saw a ten-year old in handcuffs. I cried.  This wasn't justice.  I knew at that moment, that this area of the law was what I was meant for.  

It was also through my work at the Public Defender's Office that I met James Bain.  Through a joint effort of the PD's office and the Innocence Project, he was exonerated after 35 years in prison for a crime he did not commit.  He is such a wonderful man. He has no hate in his heart.  It is truly amazing.

I have represented people who have been harassed for no reason by our government simply because they looked different or poor or "like trouble."  I have represented people whom I know were completely innocent of what they were accused of, yet their lives were potentially ruined because of the stigma.  

And yes, I have represented people whom I have no idea if they were guilty or not.  But that is not my job.  My job is to protect their rights.  Every person in this country has certain rights and protections guaranteed by our Constitution. The Constitution is not a technicality.  These rights are not only given to innocent people--they are given and guaranteed to all people.  If those protections are eroded, our country as a whole has lost. Whose rights will they come after next?

If you are in need of a criminal defense attorney, contact Heather Bryan Law online, or call her today at 863-825-5309.


Tuesday, June 6, 2017

Common Offenses With Driver's License Suspensions and Revocations

Offense
Suspension
Murder resulting from operation of a motor vehicle; DUI manslaughter where conviction represents a subsequent DUI-related conviction; 4th DUI (See section 322.26, Florida Statutes)
Permanent revocation
Any felony where a motor vehicle is used; failure to stop and render aid when required in a crash resulting in death or personal injury; perjury to the Department under 322.26; conviction of 3 charges of reckless driving within 3 months; conviction of lewdness or prostitution with the use of a motor vehicle; conviction of any offense where there is the use of a motor vehicle and the Court feels it warrants the revocation of driving; fraudulent insurance claims (See section 322.26, Florida Statutes)
Indefinite revocation
DUI; Refusal (See section 316.193, Florida Statutes)
Anywhere from 6 months to permanent revocation
Fleeing/Eluding law enforcement (See section 316.1935, Florida Statutes)
Anywhere from 1 year to 5 year suspension
Possession of Controlled Substances (See section 322.055, Florida Statutes)
1 year suspension
Theft (See section 812.014, Florida Statutes)
Anywhere from 6 months to 1 year suspension
Racing on Highways (See section 316.191, Florida Statutes)
1 year suspension
Habitual Traffic Offender (HTO) (See section 322.264, Florida Statutes)
5 year suspension
Suspended until paid

If you have been given a citation or charged with a crime, or need help getting a hardship license, you need the help of an experienced attorney to stand beside you.  Contact Heather Bryan Law today for your confidential consultation, at 863-825-5309

Friday, June 2, 2017

You Have A Right To Remain Silent...Use It!



Our founding fathers very specifically crafted the protection against self-incrimination located in the Fifth Amendment with a purpose.  The protection dates back to English common law when the courts sought to prohibit the use of inquisitorial methods of interrogation.  By the late 1700's, Parliament had begun to recognize the presumption of innocence.  Of course, these ideas were carried over into colonial America and adopted into our Constitution. Through decisions of our Supreme Court, the protection of the Fifth has been well grounded and preserved.  Justice Frankfurter, in Ullmann v. United States, 35 U.S. 422 (1956), stated:

"This constitutional protection must not be interpreted in a hostile...spirit. Too many, even those who should be better advised, view this privilege as a shelter for wrongdoers. They too readily assume that those who invoke it are either guilty of crime or commit perjury in claiming the privilege. Such a view does scant honor to the patriots who sponsored the Bill of Rights as a condition to acceptance of the Constitution by the ratifying States."

There is no shame or presumption that a person must have done something wrong or must have something to hide just because someone utilizes his or her constitutional right to remain silent.

In fact, I would advise you to never speak to law enforcement without having a lawyer present. Far too often, your words will get turned in such a way that you never intended.  People tend to believe that since they are innocent and have nothing to hide, it is okay to speak to law enforcement.  Then the next thing, they know, they are in handcuffs, being charged with a crime that they did not commit.  You have the protection of the Fifth Amendment for a reason. Use it!

If you have been charged with a crime, or need experienced representation for a legal matter, contact Heather Bryan Law online or call 863-825-5309 for a consultation.


Tuesday, May 16, 2017

To Blow or Not to Blow...

If you have been pulled over for a DUI, failed the field sobriety exercises, and told you are under arrest, the next step is submission to a breath test.  You will be asked if you will submit to a breath test.  You can refuse.  You have to determine if this is the best choice for you in the moment.  

If you refuse to submit to a breath test, your driver's license will automatically be suspended for a year in Florida.  If it is your second refusal, the Department will suspend your driver's license for 18 months and the State Attorney's office can charge you with a first-degree misdemeanor just for the refusal.  Driving is considered a privilege in Florida, not a right.

DUIs can be proven without a BAC, blood alcohol content level. The statute reads that a person is guilty of driving under the influence if the person:

1) is in actual physical control of a vehicle, AND

2) a) the person is under the influence of alcoholic beverages, any chemical substance in section 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;

   b) the person has a blood alcohol level of 0.08 or more; OR

   c) the person has a breath alcohol level or 0.08 or more.

Therefore, in addition to number 1, only a, b, or c needs to be met.  If you find yourself in this situation, it is imperative that you hire an experienced defense attorney to help you defend against your DUI charges. There may be issues with your traffic stop to begin with.  Did the officer have probable cause to pull you over?  Is there a motion to suppress issue?  If you did submit to a breath test, were there any technical issues with the machine?  These are all issues that an experienced DUI attorney can help you with.

Contact Heather Bryan Law today at 863-825-5309, or online, for your consultation.  We are here to help!

Thursday, May 4, 2017

Think Before You Post

Documenting our lives on social media has become second nature.  When an event occurs, we immediately take a picture and post it to some sort of social media account.  Most people do not consider the legal consequences of what they put on their social media accounts.

I recently put a meme on Instagram that read, “Dance like no one is watching; email like it may one day be read aloud in a deposition.”  I would apply this quote to all social media outlets.  If you would not want what you are about to post to be read aloud in a deposition or shown to a jury one day in open court, it is probably best not to post it.

The courts have had to rule on privacy issues when it comes to Facebook and other social media outlets.  The trend has been, in federal courts and in Florida, that if you choose to post something on social media, you are waiving your privacy, even if you have your privacy settings set to the most private.  The courts have rationalized that you are putting it out there for the world to see; and therefore, you are waiving your constitutional privacy rights.

For example, if you have been injured in a car accident and are involved in personal injury litigation, defense counsel will more than likely request that you produce all social media pictures from the date of injury to present.  The courts have ruled this request is relevant as it can show whether in fact you are injured.

Courts have issued similar rulings in all types of litigation from family cases to criminal cases.  There must be a finding of relevance, which is not hard to do.

One final piece of advice, if you know you are preparing for litigation, it is a very bad idea, to think, “I need to clean up my social media accounts.”  If you start deleting posts and pictures, you are destroying potential evidence.  This could get you into more trouble, and is potentially illegal.  Keep your accounts to the most secure settings, and just think before you post.

Heather Bryan is an experienced criminal and family lawyer.  Contact us online or call us at 863-825-5309 for your consultation.

Tuesday, April 25, 2017

Is It Possible to Reinstate My Driver's License After A DUI Conviction?

Yes, for most people it is possible to reinstate your driver's license.

If you make a mistake and only have one DUI conviction, Florida statute requires the revocation of your driver’s license for 180 days to 1 year.  Sometime prior to the expiration of the revocation period, you may apply for hardship license.  In order to be approved for a hardship license, you must first complete DUI School and treatment, if required.

If you have a second DUI conviction outside of a five-year period, Florida statute requires the revocation of your driver’s license for 180 days to 1 year.  Unfortunately, you are NOT permitted to reinstate early for a hardship license.  You must wait the full period of time in which the judge suspends your license before applying for reinstatement of your driver’s license.

If you have a second DUI conviction within a five-year period, Florida statute requires the revocation of your driver’s license for 5 years.  You are permitted to apply for a hardship license after one year from the effective revocation date.  All required treatment and DUI School must be completed and you must have a recommendation from the Special Supervision Services Program.

If you have a third DUI conviction within a ten-year period, Florida statute requires the revocation of your driver’s license for 10 years.  You are permitted to apply for a hardship license after two years from the effective revocation date.  All required treatment and DUI School must be completed and you must have a recommendation from the Special Supervision Services Program.

If you have a fourth DUI conviction, Florida statute requires the permanent revocation of your driver’s license.  You are permitted to apply for a hardship license after five years from the effective revocation date.  All required treatment and DUI School must be completed and you must have a recommendation from the Special Supervision Services Program.

If you are convicted of DUI Manslaughter, Florida statute requires permanent revocation of your driver’s license.  You are permitted to apply for a hardship license after five years from the effective revocation date.  All required treatment and DUI School must be completed and you must have a recommendation from the Special Supervision Services Program.

If you are convicted of DUI Manslaughter after a prior DUI conviction, Florida statute requires a permanent revocation of your driver’s license and you are NOT permitted to apply for a hardship license.

If you never apply for a hardship license and just wait to reinstate your license, you will still be required to show proof of enrollment in the DUI school and treatment.  If you fail to complete school and treatment within 90 days, the Department of Motor Vehicles can suspend your driver’s license.

Also, when you are reinstated, you must take the required driver’s exam, pay all fees, and provide proof of bodily injury liability insurance in the amount of $100,000 per person and $300,000 per occurrence and property damage liability insurance in the amount of $50,000.

If you have been charged with a DUI, you need an experienced DUI attorney as your advocate. Contact Heather Bryan Law online or call 863-825-5309 for your personal and confidential consultation.

Monday, April 17, 2017

Defending Against Domestic Violence Charges

Domestic Violence abuse is a serious allegation and nothing to joke about.  The unfortunate truth is that many innocent people are falsely accused each year of domestic violence crimes. The reason is because all it takes is a phone call to 911 and an allegation, and someone is going to jail.

For example, the definition of domestic violence battery is any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person (a family or household member).  As you can see, nowhere in the definition does it say that the alleged victim must have actually been harmed.  The statute uses the word "or."  Because of this language, a "he said / she said" situation may occur, and someone ends up getting arrested and charged with domestic violence battery.

In addition, the decision to prosecute is not up to the alleged victim.  That decision is ultimately up to the State Attorney's office.  The State of Florida, and in particular, Polk County, aggressively pursues these charges.  The prosecutor may still file charges against a defendant and prosecute a defendant even if the alleged victim signs a waiver of prosecution. The State has even been known to go after alleged victims for not being cooperative.  If an alleged victim does not show up for court, the State may have the police pick them up and hold them in contempt for not abiding by a subpoena.

If you have been falsely accused of a domestic violence crime, it is imperative that you have an experienced criminal defense attorney by your side to fight for your rights.  In Florida, even if the judge withholds adjudication, with a guilty or no contest plea, you cannot seal or expunge your arrest, per Section 741.28.  The only way for the arrest to be expunged is for the charges to be dropped.

Contact Heather Bryan Law online today or call us at 863-825-5309 for your free and confidential consultation.  Let us fight for you.

Tuesday, March 28, 2017

You Can Say No

Many people are taught growing up that they must be respectful to police officers and submit to their authority.  Police officers do come into harm's way quite frequently and work hard to protect society as a whole.  However, respecting police officers does not equate giving up your rights.

You have a right to privacy that is specifically protected by the Florida Constitution.  You also have a right to freedom from unreasonable search and seizure .  This right is fundamental as it is guaranteed by the U.S. Constitution's Fourth Amendment.  The police cannot violate this right without a warrant unless one of the following circumstances occurs:

1.  You have given the officer consent to search,
2.  The officer has probable cause to believe there is evidence of a crime in your vehicle (probable cause must come from specific facts and circumstances, rather than simply from the officer's gut feeling or suspicion),
3.  The officer reasonably believes a search is necessary for their own protection, or
4.  You have been arrested and the search is related to that arrest.

If you are stopped and a police officer asks to search your person or your vehicle, you can say no. Now, I highly suggest doing so in a non-threatening, respectful manner.  I might say something such as, "Officer, with all due respect, I am utilizing my 4th Amendment right and denying your request to search my car."  I would then follow up this statement by asking the officer two very important questions: 1) am I being detained, and 2) am I free to leave.

It is important to note, that if you tell the officer he or she cannot search your person or the vehicle, the officer, in Florida, might request a K-9 dog sniff unit to the scene.  Florida law permits the officer to detain you for a very short amount of time to conduct a dog sniff if there is probable cause for the traffic stop in the first place.  However, the amount of time that the officer is allowed to conduct the dog sniff is the amount of time that it takes to write a traffic citation.  It has been found to be unconstitutional for officers to hold you any longer than that and is the grounds for exclusion of evidence.

By staying calm and remembering your rights, you can have successful interactions with police officers.

If you are in need of an experienced criminal defense attorney, contact Heather Bryan Law at 863-825-5309 for your consultation

Tuesday, March 21, 2017

Yes You Can Videotape the Police, But Take Precaution

By now many of you have probably seen the video of the Uber driver/lawyer who was pulled over by police and told he could not record the officer.  The police officer told the lawyer to turn it off or he'd take him to jail.  The police officer also told the lawyer that it was a new law that was recently passed. None of these statements made by the police officer, however, were true.

The lesson here is that the police can lie to you at a traffic stop.  It is important for you to know your rights and remain calm and respectful to prevent unnecessary charges, an arrest, or something worse.

In Florida, you can videotape the police, if they are on duty, in public, and you are not interfering with their ability to do their job.  The Eleventh Circuit Court of Appeals has ruled that people have a First Amendment right to record police in public unless they infringe on an investigation.  There is one gray area, however, and that is with audio.  State law requires consent for audio recordings when there is a reasonable expectation of privacy.  Most experts agree that this requirement pertains to wiretapping and does not apply to the videotaping of police officers that is permitted while they are on duty and in public. But because there has not been a specific ruling for this issue, the Florida Chapter of the ACLU recommends that if an officer tells you not to record audio, turn off the audio.

It is important to remember that just because the law allows you to videotape the police, this does not mean the police will be happy about it or cooperative.  They may even harass or lie to you, as the officer did to the lawyer in the video above.  It is imperative that you remain calm and respectful throughout the encounter.  You want to to show that you are not a threat. The officer will probably ask you what you are doing or why you are recording him or her.  It is best to respond with something such as, "Officer, it is my understanding of Florida law that I am permitted to record on duty police officers in public areas."  If your immediate response is aggressive, you will likely end up on your stomach in handcuffs or worse.

It is also important that you keep a safe distance and do not make any sudden movements. Remember that the law allows you to record only if you do not interfere with the officer's job. Police officers are performing a dangerous jobs and do deal with very real threats.  If you know your rights, know the law, and remain respectful, you can fully exercise your rights with success.

If you need legal advice on a criminal or family law matter, contact an experienced attorney who can help.  Call Heather Bryan Law at 863-825-5309 for your consultation.