In America most people understand that you have a right to keep\nand bear arms. Most people also understand if you are a convicted felon that is\nnot an option unless your civil rights are restored. What most people do not\nknow is that if you plea to a domestic violence charge you could no longer be\nallowed to possess or purchase a firearm. This is based on a federal law known\nas the Lautenberg amendment. It states that anyone who has been convicted\nin any court of a misdemeanor crime of domestic violence, to ship or transport\nin interstate or foreign commerce, or possess in or affecting commerce, any\nfirearm or ammunition; or to receive any firearm or ammunition which has been\nshipped or transported in interstate or foreign commerce.
It is almost unheard of that a misdemeanor would revoke a constitutional\nright. It is actually so rare that this exact issue resulted in Supreme\nCourt Justice Clarence Thomas asking his first question in over 10 years during\noral arguments. “You’re saying that recklessness is sufficient to trigger\na violation misdemeanor violation of domestic conduct that results in a\nlifetime ban on possession of a gun, which, at least as of now, is still a\nconstitutional right. Can you think of another constitutional right that can be\nsuspended based upon a misdemeanor violation of a state law?” This\nstumped the federal prosecutor and she admitted she cannot think of another\nexample of a misdemeanor violation suspending a constitutional right permanently.
If you are accused of domestic violence in Daytona Beach your right to bear arms is in jeopardy. Daytona Beach Domestic Battery attorney Kevin J. Pitts has prosecuted and defended DV cases in Volusia County. Call 386-451-5112 today for a free case review.
Most of the charges in Florida that cannot be sealed are serious felonies. The two exceptions are domestic violence and stalking. These are the only misdemeanors that you cannot seal if adjudication is withheld. That means a plea to a DV charge will be on your record for life. DUI also cannot be sealed but for a different reason. The statute requires an adjudication of guilt.
Published by KP
in Driving On A Suspended License
· 12/12/2013 22:42:36
In Orange County, Volusia County, Polk County, Seminole County, Lake County, Osceola County and Flagler County 29,274 suspended license cases with knowledge occurred in 2012.
Daytona Beach area DUI arrests have fallen steadily for the last five years from 2,600 arrests down to 1,537.
The Bureau of Administrative Reviews recently changed the rules for getting a hardship license allowing the driver to potentially avoid the hard suspension. To avoid the hard suspension the driver must waive the right to a hearing to challenge administrative suspension from a Daytona Beach DUI. Being able to drive is beneficial for many DUI suspects but the new process also waives the right to challenge the suspension and can increase the upfront cost.
Is it better to take a Daytona Beach breath test or is it better to refuse? Here are some of the factors to consider.
Daytona Beach Bike Week is just around the corner so I thought I would discuss the types of cases we see stemming from Bike Week festivities. This is based on observations as a defense attorney and former prosecutor in Daytona Beach.
in DUI Stop
· 10/2/2013 23:36:20
A Florida DUI stop for driving on the shoulder might not be a legal basis for a stop unless the driving pattern provides reasonable suspicion that the driver is ill tired or impaired.