Recent Posts in Criminal Defense Posted By Law Offices of Robert Stepniak 30-Sep-2019 Volusia County Pretrial Services Part 4: Veterans Court U.S. military veterans are trained to selflessly serve their country, respect authority, and even perform missions and tasks in warzones and other hostile environments. Unfortunately, the rigors and stress of military service can lead to ... Continue Reading Posted By Law Offices of Robert Stepniak 23-Sep-2019 Volusia County Pretrial Services Part 3: Teen Court If a minor commits a crime in Florida, he/she will often be subject to the juvenile court system. Unlike the criminal court system that is designed to punish adults, the purpose of the juvenile court system is to rehabilitate juvenile offenders to ... Continue Reading Posted By Law Offices of Robert Stepniak 16-Sep-2019 Volusia County Pretrial Services Part 2: DUI Court A conviction for a first-time DUI offense carries a jail sentence of up to six months, a maximum $1,000 fine, and driver’s license suspension for up six months. A second or third DUI offense can lead to harsher penalties and even a felony ... Continue Reading Posted By Law Offices of Robert Stepniak 9-Sep-2019 Volusia County Pretrial Services Part 1: Drug Court Criminal offenses in Florida can lead to serious penalties, whether it’s a misdemeanor or felony offense. A conviction is punishable by a long jail or prison sentence, costly fines, and a permanent mark on your criminal record. Since most ... Continue Reading Posted By Stepniak & Park 12-Jun-2019 Can Pouring Ketchup on a Loved One Lead to Criminal Charges? When you think of misdemeanor domestic battery, assault and even verbal abuse often come to mind. However, you could also add pouring ketchup on someone to bring such criminal charges. A man from Pinellas Park, Florida, is facing a misdemeanor charge ... Continue Reading Posted By Law Offices of Robert Stepniak 30-May-2019 Robert Kraft Gets Video Evidence Suppressed in Solicitation Case A couple of weeks ago, a Florida judge ruled that surveillance video and other evidence in the prostitution solicitation case against New England Patriots owner Robert Kraft are inadmissible in court. This is considered a huge victory for Kraft, who ... Continue Reading Posted By Law Offices of Robert Stepniak 23-May-2019 Florida House Passes Bill to Make Voting Harder for Ex-Felons Although Florida voters passed Amendment 4 that restores the right for ex-felons to finally vote in Florida, the House passed the Voting Rights Restoration Act in early May, requiring these individuals to pay all financial obligations before they can ... Continue Reading Posted By Law Offices of Robert Stepniak 16-May-2019 Deportable Crimes in Florida A conviction of a criminal offense is punishable by jail or prison time, fines, and even a permanent criminal record. However, if an immigrant—including those with lawful permanent residency—is convicted of a crime, he/she could face ... Continue Reading Posted By Law Offices of Robert Stepniak 15-Apr-2019 Is Revenge Porn a Crime in Florida? In today’s society, individuals who are involved in romantic relationships share their affection for one another through texts, e-mails, and even messaging services on social media platforms such as Facebook or Instagram. In some instances, ... Continue Reading Posted By Stepniak & Park 23-Mar-2019 Patriots Owner Robert Kraft Charged with Solicitation in Florida In late February, New England Patriots owner Robert Kraft has been charged with two counts of soliciting prostitution after visiting the Orchids of Asia Day Spa in Juniper, FL on two occasions. The charges come after months of investigation into a ... Continue Reading Posted By Stepniak & Park 21-Mar-2019 Florida Legalizes Smokable Medical Marijuana Medical marijuana in smokable form is now legal in Florida. Although voters initially approved the legalization of medical marijuana in 2016, Governor Rick Scott signed a law which bans smoking cannabis (while allowing edibles, oils, pills, and ... Continue Reading Posted By Stepniak & Park 27-Feb-2019 What Age Can Juveniles be Tried as Adults in Florida? If your child has been arrested in Florida for allegedly committing a crime, he/she will most likely face the juvenile court system. The Florida Department of Juvenile Justice will recommend the next steps in the minor’s adjudication to the ... Continue Reading Posted By Stepniak & Park 25-Feb-2019 Hate Crimes in Florida According to a report released by the Federal Bureau of Investigation (FBI) in November, there have been 7,175 reported hate crimes in 2017 compared to 6,121 in 2016, which is the third year in a row a spike in hate crimes has occurred. The Southern ... Continue Reading Posted By Stepniak & Park 8-Jan-2019 Have You Been Arrested While Vacationing in Florida? Half of the country is covered in snow during the winter season, which is why millions of Americans travel to Florida because it is sunny and warm all year round. From amusement parks to beaches, there is an abundance of fun activities in the state. ... Continue Reading Posted By Stepniak & Park 16-Nov-2018 Certain Ex-Felons are Now Allowed to Vote in Florida In the aftermath of the midterm elections held last week, Florida voters approved Amendment 4 which automatically restored the voting rights of convicted felons once they complete their sentences (i.e. prison term, parole, and probation). However, ... Continue Reading Posted By Stepniak & Park 31-Oct-2018 Florida Cannabis Laws in 2018 Although legalizing the recreational use of marijuana throughout the United States has been gaining ground during the past decade, not all states are on board. In Florida, cannabis still remains illegal unless it is used for medical purposes. In ... Continue Reading Posted By Stepniak & Park 26-Oct-2018 Your Social Media Activity Can Negatively Affect Your Criminal Case From sharing photos and thoughts to friends and family to keeping up with current news stories, social media has become part of our daily lives. Facebook, Twitter, Instagram, and other platforms have made the world more connected than ever before. ... Continue Reading Posted By Law Offices of Robert Stepniak 21-Sep-2018 5 Common Mistakes Police Officers Make In our last post, we discussed the five common mistakes people make after a DUI arrest. However, it is not uncommon for law enforcement to commit errors during the investigation. If an officer fails to follow strict protocol, it is possible for the ... Continue Reading Posted By Stepniak & Park 13-Aug-2018 What is a Motion to Suppress Evidence? If the prosecution’s case rests on a specific piece of evidence--no matter if that evidence is an item(s) or the defendant’s own words--and there is a concern that the defendant's rights are violated during the collection of evidence, ... Continue Reading Posted By Stepniak & Park 24-Jul-2018 Does Your Child Legal Counsel during Divorce? At Law Offices of Robert Stepniak, one of the most common questions our Daytona Beach divorce attorney receives is, “Does my child need a lawyer?” The answer: it depends. If you and the other parent agree on custody and visitation, your ... Continue Reading Posted By Stepniak & Park 10-Jul-2018 Supreme Court Rules on Cellphone Location Data Collection In a 5-4 ruling on June 22, the Supreme Court restricted the ability of law enforcement to collect cellphone location history of criminal suspects in a significant win for privacy rights in the digital era and a drawback for police. Led by ... Continue Reading Posted By Stepniak & Park 3-Jul-2018 Florida Fireworks Laws On the Fourth of July, millions of Americans will celebrate the birth of our nation by grilling delicious burgers and hot dogs, hosting pool and beach parties, watching extravagant parades, and setting off fireworks. However, the fireworks laws in ... Continue Reading Posted By Stepniak & Park 15-Jun-2018 How a DUI Conviction Can Affect Your Future The serious consequences of a DUI conviction do not end in the courtroom. In fact, having a drunk driving conviction on your criminal record can have a negative impact on your employment and educational opportunities. DUI & Employment Whether a ... Continue Reading Posted By Stepniak & Park 11-Jun-2018 Can I Get Charged with "Wet Reckless" Rather than DUI? If you are charged with a DUI in Florida, you could face jail time, fines, license suspension, and a host of other penalties if convicted. Additionally, having a DUI conviction on your record can affect the opportunities you have in life, such as ... Continue Reading Posted By Stepniak & Park 16-Apr-2018 Florida Mandatory Minimum Sentences For certain criminal offenses, mandatory minimum sentences apply. This law is considered to be a “one size fits all” approach and does not allow judges to use their discretion upon sentencing. The amount of time for each sentence is based ... Continue Reading Posted By Stepniak & Park 9-Apr-2018 Florida Self-Defense Laws In Florida, one of the most common defenses defendants use when facing assault or homicide charges is self-defnse. Such a claim aims to prove that violent retaliation was “reasonably necessary” to prevent imminent use of unlawful force by ... Continue Reading Posted By Stepniak & Park 23-Mar-2018 Am I Eligible for Expungement or Record Sealing? In Florida, a person acquires a “criminal history record” when they have been arrested and fingerprinted. You may be wondering how an individual can have a criminal record, even if their charges were dropped or dismissed. The Florida ... Continue Reading Posted By Stepniak & Park 22-Feb-2018 What to Wear for Your First Criminal Court Appearance Whether it’s a job interview or a first date, first impressions are always important. This statement is especially true when it comes to the courtroom. Since the defendant typically never testifies at trial, the judge, jury, and everyone else ... Continue Reading Posted By Stepniak & Park 29-Dec-2017 Why You Should Fight Your Traffic Ticket Instead of Paying It Almost all drivers will get at least 1 ticket during the course of their lifetime. Whether it’s a parking ticket or a citation for speeding, it’s common to feel overwhelmed by the cost of the violation. Not only will you have to pay high ... Continue Reading Posted By Stepniak & Park 12-Dec-2017 Preparing for Your First Criminal Court Appearance Most people are nervous about the first time they appear in court after being arrested for a crime, particularly if they have no criminal record. If you’re feeling anxious or dread the day, you’re not alone. You will probably continue to ... Continue Reading Posted By Stepniak & Park 30-Nov-2017 Your Rights During a Search & Seizure As an American citizen, you have the right to be free from unreasonable “searches and seizures” by law enforcement under the Fourth Amendment of the Constitution. If the police show up to your doorstep claiming they would like to look ... Continue Reading Posted By Stepniak & Park 11-Oct-2017 How Do Bail & Bonds Work? If you or a loved one has been arrested for a criminal offense, especially a serious crime, you will most likely need to secure a bail bond to be released from jail. Most people’s knowledge of bail stems from TV shows and feature films, as well ... Continue Reading Posted By Stepniak & Park 20-Sep-2017 Handling Your DUI with a Past Conviction A first-time DUI conviction in Florida can result in severe consequences, such as jail time, fines, and license suspension. However, if you get pulled over and charged with another DUI while a DUI conviction is still active on your criminal and ... Continue Reading Posted By Stepniak & Park 2-Aug-2017 The Difference Between Manslaughter and Murder If someone is killed as a result of another’s actions, most people might generally consider this act a murder, but the law is not quite as straightforward. An individual can face either murder or manslaughter charges, both of which can result ... Continue Reading Posted By Stepniak & Park 14-Jun-2017 What Constitutes Criminal Trespassing? Trespassing is unlawfully entering or staying on the property of another after you’ve been warned that your presence is unwelcome. There are many different circumstances that can constitute trespassing, but all cases center on the fact the ... Continue Reading Posted By Stepniak & Park 25-Apr-2017 Who Carries the Burden of Proof in an Expungement Case? Every court of law has a burden of proof. This refers to proving specific elements of the crime beyond a reasonable doubt, in either side’s favor. In some instances, the prosecution carries a burden of proof, which means they will have to prove ... Continue Reading Posted By Stepniak & Park 11-Apr-2017 How a DUI Can Impact Your Life DUIs are one of the most debilitating charges one can ever face, as even one time can lead to severe consequences you will have to endure for the rest of your life. Your personal and professional lives are both at risk, as is your reputation. If you ... Continue Reading Posted By Stepniak & Park 26-Aug-2015 Investigator for State Attorney's Office Arrested for DUI, Resigns Mark Edward Moore is facing criminal charges following a vehicle collision on the evening of March 7th. Moore was charged with DUI, DUI property damage, and DUI causing serious bodily injury. Moore, of Cape Coral, was an investigator with the state ... Continue Reading Posted By Stepniak & Park 5-Aug-2015 Guns Stolen from Police Vehicles Although police officers are prohibited from leaving guns in their cars, it happens. Apparently it happens often enough that now, breaking into a police car and stealing guns has become a trend. A pattern of thefts has taken place in Central Florida ... Continue Reading Posted By Stepniak & Park 20-Jul-2015 3 DUI Arrests in One Week A Florida woman is in legal trouble after being arrested 3 times within a 6 day period. The woman was pulled over on suspicion of DUI on April 30 and refused to take a blood test. She posted bail and was released from jail. The next day, she was ... Continue Reading Posted By Stepniak & Park 22-Jun-2015 Florida Pilot Arrested for DUI After Causing Minor Crash A pilot in Melbourne, Florida, was arrested and taken to jail after crashing into an airport communications tower with his twin-engine Cessna plane. Police stated that the man smelled very strongly of alcohol and that his speech was slurred. On the ... Continue Reading Posted By Stepniak & Park 23-Feb-2015 Gainesville Man Arrested After Damage to Child Support Office Christopher Whetstone, age 43, was arrested when he allegedly caused $1,000 worth of damage to a Florida Department of Revenue Child Support Enforcement Office. The incident happened on February 3rd, 2015. Along with being arrested and booked on a ... Continue Reading Posted By Stepniak & Park 6-Oct-2014 Sex Crime Task Force: More Than Prevention College sexual assault statistics have reached epidemic proportions in recent years. The White House is now spearheading efforts to combat the problem – September marked the official launch of “It’s On Us,” a campaign designed ... Continue Reading Posted By Stepniak & Park 23-Sep-2014 Do Diversionary DUI Tactics Work? We all know stiff penalties and consequences are in place for those charged with driving under the influence – that much is common knowledge. Can anyone honestly tell you whether DUI diversionary tactics like checkpoints and classes are ... Continue Reading Posted By Stepniak & Park 17-Jul-2014 Understanding the Compassionate Medical Cannabis Act Florida is one of the latest states to introduce new medical marijuana laws. This landmark change will introduce no shortage of questions, including who will actually supply the cannabis nurseries with marijuana. Providing the marijuana is not a ... Continue Reading Posted By Stepniak & Park 6-Apr-2014 Officially, Florida State Troopers Have No Incentive to Write Tickets The Historic City News publishes the proposed policy for you to read. Department executives “clarify” that performance bonuses are not tied to writing tickets. Policies aside, let’s remember that in the real world, every traffic ... Continue Reading Posted By Stepniak & Park 24-Mar-2014 "24/7 Sobriety" to Help Repeat DUI Offenders in Florida? It all depends on your point of view. And it’s not a simple, one-dimensional issue. Florida House Bill HB 7005 would create an alternative to DUI Interlock devices. Instead, or in addition, a judge could require that drivers convicted of DUI ... Continue Reading Posted By Stepniak & Park 27-Jan-2014 Marijuana: Is Florida Next? Karl Man of CBS 12 News has an interesting 2 minute video, asking questions in the wake of Colorado’s recent changes, which went beyond medical usage, and made the weed legal for recreational use in that state. Florida is not one of the 20 ... Continue Reading Posted By Stepniak & Park 17-Jun-2013 Kissimmee Bank Robbery Suspects Arrested A bank in Kissimmee was robbed by two suspects on Monday afternoon. Kissimmee police detectives report the First Southern Bank at 910 West Vine Street was robbed when two men entered the bank, with one man handing a teller a note demanding money ... Continue Reading Posted By Stepniak & Park 3-Jun-2013 Director Stealing from Cape Canaveral Festival On a tip that a Cape Canaveral top recreation leader may be stealing from city-run street parties, the Brevard County Sheriff’s Department set up a surveillance camera, which captured footage of the employee skimming money from the Friday Fest ... Continue Reading Posted By Stepniak & Park 19-May-2013 Florida Mall Purse-Snatching Suspect Caught A man who is suspected of violently accosting women in mall parking lots and grabbing their purses is behind bars today according to law enforcement authorities. On Friday, authorities say they caught Oscar Villagran the suspect who was snatching ... Continue Reading Posted By Stepniak & Park 21-Apr-2013 Low-Level Criminals Participate in Work Farm Program A program that allows low-level criminals to be productive members of the community in Central Florida is the Work Farm Program. The participants in this program are non-violent offenders, who grow and pick vegetables, and then ship these vegetables ... Continue Reading Posted By Stepniak & Park 10-Mar-2013 Man Sentenced in Hit-and-Run Death of Girl In 2009, an 11-year-old girl, Ashley Valdez, stepped off her school bus, crossing the street after the bus driver dropped her off on the wrong side of the street. Tragically while crossing the street, she was struck and killed by a driver who fled ... Continue Reading Posted By Stepniak & Park 3-Feb-2013 Florida Residents Turn in Guns in Buyback Programs In the wake of recent gun massacres, such as the one at Sandy Hook, law enforcement agencies across the nation are offering gun buyback programs. In Florida, many law enforcement agencies across the state are participating in these programs. U.S. Rep ... Continue Reading Posted By Stepniak & Park 2-Sep-2012 Daytona Man Jailed After Fleeing Fatal Crash One of the most common causes of motor vehicle accidents is making a left turn in front of oncoming traffic. The left hand turn is considered a dangerous maneuver because the left turning vehicle enters the lane of traffic for other vehicles. In most ... Continue Reading Posted By Stepniak & Park 26-May-2012 Man Arrested for Stalking and Taping Little Girls Jonathan Davis, a retired chiropractor in Florida, was arrested for stalking and taping little girls. He approached children in Ross and K-Mart in Hollywood and in Burlington Coat Factory in Hialeah. Police say he often made a “pssst” ... Continue Reading Posted By Stepniak & Park 19-May-2012 Tampa Man Pleads Guilty in DUI Manslaughter Case On April 25, 2010, Scott Sciple, a decorated marine, drove his car the wrong way on the I-275 freeway. He hit a Chevrolet Malibu driven by forty-eight-year-old Pedro Rivera. Rivera was killed in the collision and his passenger, fifty-three-year-old ... Continue Reading