Legal Question in Criminal Law in Florida

At trial for criminal traffic offenses the defendant introduces an order issue by the traffic court dismissing the civil traffic infraction described by the arresting officer in his probable cause affidavit as probable cause for the criminal traffic offenses the judge reply to the introduction of this document "We are not here for that Mr. Martinez. I know I did not had a fair trial. I just don't know what to do can i write a motion to vacate on court error?


Asked on 3/25/15, 7:35 pm

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Just because one charge is dismissed does not mean you have the right to have all charges dismissed. I'm not saying you didn't have a fair trial, just that it has little relation. I suggest you hire an attorney if you want to do any kind of post trial motions and/or appeals.

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Answered on 3/26/15, 5:43 am
Jennifer Jacobs Law Offices of Jennifer A. Jacobs, LLC

If the basis for the stop was a traffic infraction that was dismissed due to lack of probable cause, the correct way to have handled that would have been to file a Motion to Suppress prior to the trial. At this point, I am not sure what remedies you have without knowing more details about your case and the trial. If you wish to file any additional motions or appeal the final judgment and sentence I would suggest you hire an attorney.

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Answered on 3/26/15, 7:31 am


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