Legal Question in Criminal Law in Florida

reading of rights and search of vehicle w/o permission

stopped for reckless driving handcuffed and put in police car.he searhed vehicle and then placed me under arrestw/o my rights being read to me.prior to arret,when i stopped my veh.he hit me with his car and chared me with assult on leo and resisting arrest when i was detained as soon as i got out of vehcle.what can you get for a type of felony like this?i am also on probation with 2mo.left.please help by answering any of these questins for me.


Asked on 10/20/02, 11:18 am

1 Answer from Attorneys

Eric Dirga Eric J. Dirga, PA

Re: reading of rights and search of vehicle w/o permission

I'LL REPLY IN ALL-CAPS:

stopped for reckless driving handcuffed and put in police car. THIS IS A MISDEMEANOR - MAX SENTENCE 365 DAYS IN JAIL.

he

searhed vehicle and then placed me under arrestw/o my rights

being read to me. YOUR RIGHTS NEED NOT BE READ TO YOU - ONLY IF THEY QUESTION YOU.

prior to arret,when i stopped my veh.he hit me

with his car and chared me with assult on leo and resisting

arrest when i was detained as soon as i got out of vehcle.what

can you get for a type of felony like this? ASSAULT ON LEO IS 3D DEGREE FELONY - MAX SENTENCE 5 YEARS. RESISTING ARREST (ASSUMING IT IS WITHOUT VIOLENCE) IS A MISDEMEANOR - MAX SENTENCE IS 365 DAYS JAIL.

i am also on

probation with 2mo.left.please help by answering any of these

questins for me. I AM ASSUMING THERE IS A QUESTION HERE. IF FOUND TO HAVE VIOLATED YOUR PROBATION YOU CAN BE SENTENCED TO WHATEVER YOUR ORIGINAL CHARGE ALLOWS. YOU MUST BE GIVEN CREDIT FOR ANY PROBATION YOU HAVE DONE (FOR ANY NEW PROBATION ORDERED - NOT CREDITED TOWARDS JAIL/PRISON). IF YOU WERE ON PROBATION FOR A 3RD DEGREE FELONY YOU ARE LOOKING AT A MAXIMUM 5 YEARS IN PRISON FOR THE VIOLATION.

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Answered on 10/21/02, 10:23 am


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