Legal Question in Criminal Law in Florida

resisting arrest non violently-florida

My 23 yr old son was charged with above and open container violation ,alcoholic beverage,by a public road in Florida.(he was not in vehicle).

What are the likely penalties as a first time offender for the above 2

charges.


Asked on 9/02/08, 12:11 pm

1 Answer from Attorneys

Leland Garvin Garvin Law Firm

Re: resisting arrest non violently-florida

The open container will not carry too much weight, but the resisting without violence might have a bit more teeth to it.

To better answer your question I will need a bit more information.

How was he resisting, did he run?

Does he have any prior arrests?

He will most likely be looking at a term of probation, all of the courts in this area are now imposing probation on even the smallest misdemeanor.

If he has no priors he may be eligible for the Misdemeanor Diversion Program which would result in the charges being dismissed.

Your son will most likely be able to avoid jail but the charge could have some long term consequences.

I was a prosecutor here in Broward county, please give me a ring when you get a chance and we can further discuss his options.

-Leland, 954.524.2424

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Answered on 9/03/08, 2:51 pm


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