Legal Question in Criminal Law in Florida
DWLS in another state
my friend is on probation for dwls in florida. His supervision was transferred to texas. He was arrested for dwls in texas, served time and resolved it. However, this resulted in a VOP. how will the court look at this since the charge was in texas and dwls is not a felony in texas? Will it still be looked at as a felony since it happened in another state?
2 Answers from Attorneys
Re: DWLS in another state
Your friend actually has two problems: DWLS AND a pattern of behavior which is consistent with Attention Deficit Disorder. I raise this issue because the prior answer by Jay Rooth is accurate. However, if your friend keeps getting arrested, there is a reason for it.
Bechtman and others have studied driving behaviors of ADD patients extensively. Repeat DWLS is almost always caused by a brain illness, specifically, one of six variants of ADD.
I believe in doing more than just delivering great legal service: Clients are not case numbers, neither is your friend. He or she (most likely a 'he') probably has a brain illness serious enough to cause legal problems but nowhere near serious enough to cause your friend to be 'crazy.'
This is why we founded One Stop Therapy: Solve the legal problem AND the problem behavior that led a client to become one.
This is never popular with criminal defense practice managers - they want us to have repeat business as a way to get rich. I believe that this is morally wrong, and that lawyers must have the courage to tell a client something that they may not want to hear, yet must hear in order to change their lives for the better. Repeated arrests are not fun for the defendant, their friends, not their family.
Re: DWLS in another state
Your friend will have a VOP for the original DWLS charge in Florida. If that original charge in FL was a misd, then it will be a misd VOP. Your friend may also want to be concerned about a warrant being issued for his arrest in the State of Florida. Many times this will be set at $0 bond, especially with a new case violation. If you contact my office I will look into this matter more extensively. We offer a free consultation.
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