Legal Question in Criminal Law in Florida

I received a criminal violation 320.261 for putting my old tag from previous vehicle on my new vehicle. I did not know that this was illegal at all. I was informed that I have to set up a court date. What are the consequences? And will this effect my record? I have never had a criminal record so will I need an attorney? And should I plead guilty or no contest?


Asked on 3/24/15, 10:23 am

1 Answer from Attorneys

Jennifer Jacobs Law Offices of Jennifer A. Jacobs, LLC

The charge of attaching tag not assigned is actually a crime. It is a 2nd degree misdemeanor punishable by a maximum of 60 days jail or 6 months probation and a $500 fine. However, it is also a crime that is extremely difficult for the State to prove and is not as easy as introducing evidence that the wrong tag was on your vehicle. They have to prove that you were the person who actually attached the tag to your vehicle and that you did so knowing that it was not the correct tag. Unless you made an admission to these facts the State is unlikely to be able to prove this charge. That being said, many ASA's and many Judge's don't realize all that is required to prove this type of case- so it is in your best interest to hire a criminal defense attorney to represent you. If you go to the arraignment without an attorney you should plead not guilty.

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Answered on 3/24/15, 10:41 am


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