Jansen & Davis, P.A.Jansen & Davis, P.A.2026-05-28T04:41:11Zhttps://www.jansenlawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1504654/2022/03/cropped-jansen-davis-site-icon-32x32.pngOn Behalf of Jansen & Davis, P.A.<![CDATA[Can you seal your criminal record in Florida?]]>https://www.jansenlawoffice.com/?p=2561072026-03-05T15:53:05Z2026-03-04T08:30:27ZA past arrest can follow you long after your case ends. If you completed your sentence or had charges dismissed, you may qualify to limit who can see your criminal record in Florida. State law offers a path to sealing certain records, but you must meet specific rules and eligibility standards.
Understanding how the process works can help you decide what steps may make sense for your situation.
Understand who may qualify for record sealing
Under Florida Statute 943.059, you may qualify to seal a record if you meet several requirements. In general, eligibility often includes:
No prior convictions: You generally must not have received an adjudication of guilt for any criminal offense in Florida
One time opportunity: Florida law generally allows you to seal or expunge a record only once in your lifetime
Favorable case outcome: You may qualify if the court withheld adjudication or dismissed the charges
In addition, you must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This certificate serves as preliminary confirmation that you appear to meet the statutory requirements before you file your petition in court.
Know the difference between sealing and expunging
People often use the terms sealing and expunging as if they mean the same thing. However, Florida law treats them differently. When a court seals a record, the public generally cannot access it. Still, certain agencies such as law enforcement, courts and some government employers may see that the record exists.Expungement typically provides a higher level of privacy. In many cases involving dismissed charges or cases where prosecutors never filed charges, expungement may offer broader relief. The FDLE destroys certain records related to the case, although some limited information may remain with government agencies. The right option often depends on how your case ended and whether you meet the legal criteria.
Review limits and disqualifying offenses
Not every offense qualifies for sealing. Florida law lists several disqualifying offenses that courts cannot seal, even if the judge withheld adjudication. These often include serious or violent felonies such as aggravated assault, robbery and certain high level drug offenses. Many sex related crimes also remain ineligible.Driving under the influence (DUI) cases present another common issue. Florida law generally does not allow judges to withhold adjudication for DUI offenses. As a result, a DUI conviction usually stays on your record and does not qualify for sealing under current law.Because the list of excluded offenses can change, reviewing the specific statute and your court records may help clarify your options.
Follow the process in Leon County
If your arrest occurred in Tallahassee or elsewhere in Leon County, you will file your petition with the clerk of court in that county. The process often includes:
Applying for a Certificate of Eligibility from the FDLE
Filing a petition with the Leon County Clerk of Court
Waiting for review by the State Attorney’s Office and the judge
If the State Attorney does not object, the judge may sign the order without a hearing. In some situations, the court may schedule a hearing to address questions about eligibility.Small paperwork errors can slow the process. Careful preparation may reduce delays and help your petition move forward more smoothly.
Consider what sealing may mean for you
Sealing a criminal record may improve access to employment, housing and professional licensing opportunities. Although sealing does not erase every trace of your past, it can significantly reduce public visibility and give you a stronger foundation for moving forward.If you would like a clearer understanding of your eligibility and the steps involved, you may consider reaching out to [nap_names id="FIRM-NAME-1"] for an eligibility review and assistance with preparing your sealing petition. Careful review and thoughtful preparation may help you approach the process with greater confidence and clarity.]]>On Behalf of Jansen & Davis, P.A.<![CDATA[Dealing with Title IX proceedings as a student or parent]]>https://www.jansenlawoffice.com/?p=2560202025-07-28T04:30:18Z2025-07-28T04:30:18ZTitle IX is a federal law that forbids individuals and educational institutions from committing sex-based discrimination at schools that receive federal funding. This includes colleges in Tallahassee. If you're accused of a Title IX violation, your school may launch a formal investigation into these allegations.
One claim can put your education, reputation and future at risk. Whether you’re a student or a concerned parent, immediate action is needed. The steps you take now will shape what happens next.
What triggers a Title IX investigation?
Title IX addresses claims involving sexual misconduct, stalking, harassment and dating violence. When someone reports a possible violation, the school must investigate, even if the person chooses not to appear or submit a report informally.A Title IX coordinator will notify you, explain the process and request your formal response. At that point, the school collects statements, reviews all relevant documents and decides whether to proceed with a formal complaint or hearing.This early phase is important. Your response can influence how the school views your side and handles your case.
What rights do you have?
Although the investigation happens within your school, you still have important legal rights. These protections help ensure a fair process and protect your standing as a student.Here's what you are entitled to during a Title IX investigation:
Notice of allegations: Know the exact claims made against you
Access to evidence: Review all materials the school will use
Right to respond: Submit documents and name your witnesses
Advisor or attorney: Bring someone with you to every meeting
Live hearing: Participate in a hearing with cross-examination
Using these rights at the beginning gives you a stronger chance of defending yourself effectively.
How a criminal defense attorney can help
Some Title IX cases also involve criminal allegations. If prosecutors file charges, the consequences become much more serious. A criminal defense attorney can guide you through the campus process and any legal proceedings.A defense lawyer can help you in:
Statement preparation: Organize your account and supporting evidence
Procedure challenges: Identify and respond to unfair school processes
Deadline management: Ensure timely responses to school or legal actions
Rights protection: Safeguard your legal and procedural rights throughout
Case strategy: Keep you informed and focused every step of the way
With the right legal support, you can protect your future, take the right steps and stay in control of your case. Legal representation gives you a clear plan and dependable guidance from start to finish.
Handle the situation early to stay in control
Title IX cases move on a short timeline. Schools often require immediate responses, and delays can limit your ability to defend yourself. Missing a deadline or failing to present key evidence can affect your future in ways you might not expect.If you are facing a Title IX investigation in Tallahassee, now is the time to undertake the necessary actions to protect your rights and interests. Consider seeking the advice of an experienced Title IX defense attorney who can guide you through the process and help safeguard your academic career and future opportunities.
]]>On Behalf of Jansen & Davis, P.A.<![CDATA[What are potential consequences of a DUI conviction in Florida?]]>https://www.jansenlawoffice.com/?p=2557892025-04-21T05:16:16Z2025-04-24T05:16:01ZFlorida DUI penalties
Facing a DUI charge in Florida is daunting, as impaired driving is both a criminal offense that goes through the court system and an administrative matter handled by the Florida Department of Highway Safety and Motor Vehicles.
For a first-time DUI conviction, you could face:
Fines ranging from $500 to $2,000 (higher if your BAC was 0.15% or above)
Up to six months in jail
License revocation for six months to a year
50 hours of mandatory community service
Vehicle impoundment for 10 days
Installation of an ignition interlock device
Probation for up to a year
Mandatory DUI education courses
Florida's "implied consent" law means refusing a breath test carries an automatic one-year license suspension. Additionally, these penalties become significantly harsher with each subsequent offense, potentially leading to felony charges.
Consequences can be far-reaching
The impact of a DUI extends well beyond court-ordered penalties and can affect nearly every aspect of your life.
A DUI conviction may result in:
Dramatically increased auto insurance rates or policy cancellation
Job loss, especially if driving is essential for work
Difficulty finding new employment with a criminal record
Loss of professional licenses in fields like health care, law or education
Rejection from college programs or loss of scholarships
Housing application denials
Travel restrictions to certain countries
Public embarrassment and damage to your reputation
These collateral consequences often last much longer than the court-ordered penalties and can create barriers to opportunities for years to come.
Understand your rights to protect your future
Not every DUI charge results in a conviction. You can exercise your rights to fight these charges. DUI arrests are dismissed due to improper traffic stops, faulty breathalyzer equipment, improper handling of evidence or violations of your constitutional rights.
It’s advisable to work with a skilled DUI defense attorney who can review the circumstances of your arrest, challenge improperly obtained evidence and negotiate with prosecutors. You have only 10 days after arrest to request a hearing to contest your license suspension, making quick action essential.]]>On Behalf of Jansen & Davis, P.A.<![CDATA[What you should know about having a clean criminal record]]>https://www.jansenlawoffice.com/?p=2557482025-02-06T04:46:45Z2025-02-11T18:28:17Z
employment opportunities (disqualification from jobs)
inability to secure government-sponsored university loans
using a professional license
applying for certain housing
If you have a conviction, you should know that all is not lost. Florida provides a pathway to potentially erase certain criminal records through a process known as expungement or sealing (of the record.)
What is expungement?
The process of legally destroying or sealing certain criminal records through an official process. However, not all offenses are eligible for expungement. Minor offenses like minor misdemeanors and cases that do not result in a conviction may also qualify.
How do I clean up my criminal record?
If you have been convicted and sentenced, and the offense you committed is of public domain, your attorney can inform you if you qualify for expungement, depending on your case and criminal history,
Expungement is not the easiest process, but it can be done, and there are many advantages to it if you have a criminal record.
]]>On Behalf of Jansen & Davis, P.A.<![CDATA[Common misconceptions about police searching your vehicle]]>https://www.jansenlawoffice.com/?p=2557322024-11-29T13:18:26Z2024-11-29T04:48:32ZPolice can search your vehicle anytime
This is false. Officers cannot search your car just because they feel like it. The Fourth Amendment protects against unreasonable searches. Generally, police need one of three things to conduct a legal search: your consent, a warrant, or probable cause.
For example, if you’re stopped for a broken taillight, that alone doesn’t allow a vehicle search. Yet, if the officer sees drugs in plain view, this might establish probable cause.
You must always consent to a search
You have the right to say no if an officer asks to search your car. Consent must be given voluntarily. Many people feel pressured, but you are under no obligation to agree.
If you refuse and the officer searches anyway without valid justification, the evidence may not hold up in court. Judges often exclude evidence obtained from illegal searches.
A traffic violation automatically allows a search
Not every traffic stop leads to a legal search. Minor violations, like speeding or running a stop sign, don’t justify a search unless there’s probable cause.
Yet, if you are arrested during a traffic stop, officers can search your vehicle as part of the arrest process. This is known as a “search incident to arrest”. For example, if you’re arrested for DUI, police can check your car for open containers.
If a vehicle search leads to criminal charges, consulting a lawyer is recommended. An attorney can review the circumstances of the search and determine if it was legal. They can also challenge any evidence obtained through illegal searches, potentially strengthening your defense.
Police have limits on when and how they can search your car. Understanding your rights is crucial. If you believe a search violated your rights, speak with a criminal defense attorney. They can help ensure your case gets fair treatment in court.]]>On Behalf of Jansen & Davis, P.A.<![CDATA[5 FAQs on white-collar crimes]]>https://www.jansenlawoffice.com/?p=2557132024-10-01T08:41:21Z2024-10-04T08:40:40ZWhat should I do if I am accused of a white-collar crime?
The most advisable course of action is to seek legal advice. An experienced attorney can guide you through the legal process and help protect your rights. Do not speak to law enforcement or your employer without your attorney being present.
Document any relevant information and gather evidence that may support your case. It is crucial to understand the charges against you and the potential consequences. Working closely with a legal team gives you an advantage.
Can I defend myself against the charges?
You can defend yourself against white-collar crime charges, but it requires a strategic approach. Common defenses include demonstrating a lack of intent to commit the crime or proving that you were unaware of the illegal activities.
You might also argue that you were following orders from superiors or that the actions in question were standard business practices. An effective defense often involves scrutinizing the prosecution’s evidence for inconsistencies or procedural errors.
How do federal and state authorities handle white-collar crimes?
Authorities can prosecute white-collar crimes at both federal and state levels. Federal agencies like the FBI and IRS often investigate large-scale financial crimes. These agencies have the resources and expertise to conduct extensive investigations. State authorities also handle cases like embezzlement and credit card fraud. Due to the large sums involved, white-collar crimes usually result in felony charges.
What are the penalties for white-collar crimes?
Penalties for white-collar crimes can be severe. They include lengthy prison sentences and hefty fines. For example, tax evasion can lead to up to five years in prison and fines up to $100,000 for individuals. The severity often depends on the amount of money involved and the impact on victims.
White-collar crimes have extensive impacts on businesses, investors, and the economy. If you find yourself accused of one, it is essential to seek experienced counsel and understand your rights and options.]]>On Behalf of Jansen & Davis, P.A.<![CDATA[What is considered probable cause for police to search my vehicle?]]>https://www.jansenlawoffice.com/?p=2556872024-08-05T05:38:41Z2024-08-08T05:38:12Zprobable cause, to search your vehicle.
When can police conduct a search?
Police typically can search your car if you give them permission or if they have a valid warrant. However, there are other situations where a search might be legal:
Probable cause: If the officer believes there's evidence of a crime in your vehicle, they can search it without a warrant.
Incident to arrest: If police arrest you, they can search your car to ensure their safety and find evidence related to your arrest.
Plain view: A search can ensue if illegal items are easily visible from outside the vehicle.
Exigent circumstances: In emergencies, such as preserving evidence, police can search without a warrant.
Inventory searches: If police impound your car, they can search it to list its contents.
Knowing these circumstances can help you understand your rights.
How can I prevent an illegal search?
To prevent an illegal search, always stay calm and respectful. Clearly state that you do not consent to a search. This can help protect your rights, though it may not stop the search from happening. Do not argue or become combative with officers. This can escalate the situation and lead to other issues.
If you believe the police violated your rights, contact an experienced defense attorney. They can review your case, protect your rights and defend you against illegal searches or seizures. A skilled attorney can ensure that prosecutors cannot use illegally obtained evidence against you in court.
By knowing your rights and taking the proper steps, you can better protect yourself during interactions with law enforcement.]]>On Behalf of Jansen & Davis, P.A.<![CDATA[Can authorities charge me with both state and federal offenses for a crime?]]>https://www.jansenlawoffice.com/?p=2556792024-07-18T04:07:07Z2024-07-23T04:06:21ZThe dual sovereignty doctrine
The dual sovereignty doctrine permits state and federal governments to prosecute the same individual for the same act. This might seem like a violation of the Double Jeopardy Clause of the U.S. Constitution.
Yet the Double Jeopardy Clause only prevents multiple prosecutions by the same "sovereign." Since state and federal governments are separate entities, they can each pursue charges for the same crime.
Why both jurisdictions get involved
A crime can break both state and federal laws for several reasons. For example, white-collar crimes like fraud, often involve activities crossing state lines. Consider a case where someone commits securities fraud impacting investors in multiple states. Both state and federal authorities might want to prosecute the offender.
Real world examples
The case of Michael Vick illustrates how both state and federal authorities prosecuted the same crime. Federal authorities charged Vick for running an interstate dogfighting business. He was sentenced to 23 months in federal prison. Later, Virginia prosecuted him for the same dogfighting ring. Though it might seem like double jeopardy, it was not, because federal and state courts are distinct.
Committing a white-collar crime can lead to charges in both state and federal courts. If you face such charges, it is advisable to consult an attorney with experience in state and federal laws to manage the complex legal situation successfully.]]>On Behalf of Jansen & Davis, P.A.<![CDATA[How long does a drunk driving charge stay on your criminal record?]]>https://www.jansenlawoffice.com/?p=2556752024-07-18T04:07:14Z2024-07-23T04:05:26ZHow long will a DUI be on your record?
In Florida, a DUI conviction is not just a temporary mark on your driving record; it has very long-term implications. A DUI conviction will remain on your driving record for 75 years, essentially making it a lifelong entry for most people.
The longevity of the record can have various consequences. For instance, it can affect your insurance premiums, where insurers may charge higher rates due to the perceived risk associated with insuring someone with a DUI conviction. Moreover, the conviction can impact job prospects, especially for positions that require driving as a core component of the job duties.
Can you get a DUI charge removed from your record?
When it comes to expunging or sealing DUI records, the state of Florida has specific regulations that limit these options for DUI convictions. Under Florida law, a DUI conviction cannot be expunged or sealed. This rule applies regardless of the circumstances surrounding the case, which means that once the court finds you guilty, the DUI will remain on your record for 75 years.
However, if the DUI charge did not lead to a conviction you might have the opportunity to get the record sealed or expunged. This might be an option if the prosecution dropped the charges against you, the judge dismissed the case or you were acquitted. Sealing a record essentially makes it inaccessible to the general public, although certain government entities will still be able to see it. Expungement goes a step further by removing the record as if the incident never occurred, although, like sealing, certain exceptions apply for government access.
Because of the impact that a drunk driving charge can have on your life, it is important to build a strong DUI defense when you face charges. The right legal strategy can protect you from the long-lasting impact of a conviction.]]>On Behalf of Jansen & Davis, P.A.<![CDATA[What is bank fraud and what are possible defense strategies?]]>https://www.jansenlawoffice.com/?p=2555922024-03-25T13:30:00Z2024-03-22T05:04:17Zbank fraud and familiarizing yourself with possible defense strategies can help ensure you know the best course of action if you ever face such charges.
What is bank fraud?
Federal bank fraud, as defined in 18 U.S.C. § 1344, prohibits any attempt to execute a scheme to defraud a financial institution knowingly. Essentially, the crime entails obtaining money, funds, credit, assets or securities from a financial institution through false pretenses. Bank fraud can encompass a wide range of activities, including submitting false loan applications, using stolen checks or credit cards, engaging in check-kiting schemes or making false statements to secure loans or lines of credit.
The potential penalties of bank fraud
Being convicted of bank fraud is a felony offense that carries hefty penalties. These penalties can include steep fines and long prison sentences. The judge overseeing a fraud case may also order restitution. This is essentially being ordered to repay the defrauded financial institution.
Possible defense strategies for bank fraud charges
If you are facing bank fraud charges in Florida, it's critical to familiarize yourself with criminal defense options that could work in your case. The most lucrative defense strategy is arguing a lack of intent. The burden of proof lies with the prosecution; they must prove that you intended to defraud the bank. Therefore, the defense team may argue that you did not have the necessary criminal intent.
Another possible defense strategy is claiming a mistake of fact. Perhaps you unknowingly provided inaccurate information. If this was an honest mistake, it could be a strong defense. Moreover, if you were forced to commit bank fraud under threat of violence or harm, this could be grounds for dismissal.
Consult a bank fraud attorney to discuss your specific situation and explore the best course of action. This way, you can better safeguard your interests and place yourself in a strong position to make informed decisions moving forward.]]>