Under Florida Statutes Section 322.2616, law enforcement officers are allowed to test any underage individual suspected of alcohol use, regardless of whether or not a guardian or parent is present. Any individual under the age of 21 found to have a blood alcohol concentration greater than 0.02 is immediately issued a hard license suspension for…
The Fourth Amendment of the US Constitution ensures that each Citizen of the United States is free from ‘unreasonable searches and seizures’ by the US government. However, the term ‘unreasonable’ is not well-defined in this doctrine, granting the government latitude to conduct searches under the guise of public protection. However, the US Supreme Court Justices…
Drug trafficking is a serious charge, with Florida state and federal prosecutors taking an aggressive stance against alleged criminals in an effort to combat the drug epidemic sweeping the country. Trafficking charges can result in imprisonment, expensive fines, and a blemish on your personal and professional life. In order to prove guilt, a trafficking charge…
The terms ‘manslaughter’ and ‘murder’ are sometimes used interchangeably (and wrongly) by the general public. Understanding the difference between these two is important for those facing charges or who know someone facing charges. The Definition of Murder by Common Law Murder is defined as the intentional killing of another human, with malice, in the absence…
Florida takes allegations of video voyeurism seriously, conducting aggressive and thorough investigations. Sometimes, these overly aggressive investigations can result in innocent suspects being arrested. Don’t Speak to the Authorities You have a constitutional right to remain silent. Ask to speak to an attorney and to have one present before questioning. Do not offer up any…
Public defenders provide a critical service to the criminal justice system, representing those individuals who are unable to afford representation for their cases. But is a public defender the right choice for you? Turns out, there are three key areas where hiring a public defender may put you at a disadvantage. 1. Heavy Caseload It’s…
1. What Do I Say if the Officer Asks me Questions? Give them your name, license, and registration. Politely state that you intend to cooperate fully, but that you would like a lawyer present for any official questioning. 2. Did the Officer Even Have a Reason to Pull me Over? Officers generally pull over drivers…
You see lights in your rearview, your heart starts to pound as you pull over. After providing your license and registration the officer asks to search your vehicle. What should you do? What are your rights in the state of Florida? Can Police Search Your Vehicle Without a Warrant? The Fourth Amendment of the US…
State legislators in Florida and around the country pass laws that both define criminal statutes within their respective states, as well as the punishments for violations of those statutes. Similarly, Congress does the same for federal laws. Jurisdiction Matters The vast majority of crimes are violations of state law. Such crimes include theft, burglary, robbery,…
Under Florida law, those convicted of sex crimes are classified as sex offenders. Within that designation, there are several unique classifications ranging from 1-3, with each level delineated by the severity of the crime. Level I Sex Offender The least serious of sex crimes, such a designation is often given to those offenders whom the…
CHARGES: DUI SECOND OFFENSE DETAILS: The client was charged with a second DUI. The state offered jail, and my client opted to exercise her Constitutional right to a jury trial. DATE: November 2013 OUTCOME: Jury returned a verdict of “Not Guilty” at trial.
CHARGES: AGGRAVATED BATTERY ON A PREGNANT PERSON DETAILS: The client was arrested after his best friend’s fiancé accused him of striking her. He was charged with a third degree felony punishable by up to five years in prison. DATE: October 2013 OUTCOME: Jury returned a verdict of “Not Guilty” at trial.
CHARGES: AGGRAVATED BATTERY ON A PREGNANT PERSON DETAILS: The client was arrested after his best friend’s fiancé accused him of striking her. He was charged with a third degree felony punishable by up to five years in prison. DATE: October 2013 OUTCOME: Jury returned a verdict of “Not Guilty” at trial.
Atty Mark Germain was so very helpful getting my Early Probation Release completed. I am extremely grateful for his kindness, knowledge and help during this hard time in my life. He accomplished in two days what others couldn't in over a month.”
D.Q., a Google User
I wil be forever grateful to Attorney Germain for representing my brother. He was patient, confident, and compassionate. He has excellent judgment and understood what needed to be done in my brother's case. Attorney Germain is a dedicated lawyer.”
Charlene, an Avvo User
Mark Germain is more then just a great attorney, he actually cares about his clients and will always do what’s best. I’ve known Mark for over ten years and I can attest that he is a winner in the courtroom. I would trust him with my life!"