Destin DUI & Criminal Defense Attorney

by TimF on December 29, 2010

Serving Residents, Vacationers & Military Personnel in Destin, Defuniak Springs, Santa Rosa Beach, Fort Walton Beach, Crestview, Niceville, Okaloosa County,  Santa Rosa County & Walton County, Florida

Know Your Options After An Arrest In The Destin, Florida Area!Destin Criminal Defense Attorney for Out of State Residents

What if you got stopped in Destin for a DUI?

What if you were arrested for a felony or misdemeanor?

Perhaps you are not from Florida but you, or someone in your family, was arrested while vacationing in the area.

What should you do? It’s a fair question because not many people know what to do.Arrested In Destin and in the Military?

No matter what your situation is, I’d like to offer some help.

I’m Tim Flaherty and I am a DUI & Criminal Defense Attorney in Destin, Florida.

Over the years, I have had the opportunity to help hundreds of clients – from the Destin area and from out of town as well.

All of my clients agree that being arrested and put in jail is a horrible experience.  But it’s just the tip of the iceberg when it comes to an event that has the potential to impact the rest of your life.

Along with the arrest, there is the possibility of jail time, heavy fines and a criminal record that will haunt you or your family member for years.  Having a record seriously affects many aspects of your life, including keeping your current job and prospects for a future one.

How does the criminal process work in Florida?Need To Arrange Bail After An Arrest in Destin Florida

After an arrest and bail is arranged, you have 14 days to make a decision.  During this time period, the most important decision you have to make is…. who will represent you at court.

You can rely on a Public Defender with a backlog of cases looking to make the best deal they can with the prosecutor - or you can hire a professional defense attorney.

These are your ONLY two choices.

And anyone who has been through this process will tell you, it is an important decision.  Before you make your choice, I’d ask that you do one thing – give me a call.

I would like the opportunity to answer all of your questions – most folks have a lot of them.  And I’ll probably ask you a few questions too.

This call is FREE and there will be no pressure to do anything.  I just want to answer your questions, ask you a few questions, and let you know what to expect.

Then you can make your choice – a Public Defender or professional defense attorney.

While you’re here, why not do this – look just to the right and you will notice a few links highlighting some of the areas I can help you, or that  provide general advice.  Go ahead and see if I have any information related to the charge against you or your family member.  By looking at this information, you’ll have a better idea of what to expect.  And if you are from out of town, or a family member has been arrested in the area, there is a special section for you called Arrested in Destin and a Non-Resident.

You can even type a question into the search box and any information I have on this website that applies to that question will be shown.

When you’re ready to speak with a professional Destin DUI & Criminal Defense Lawyer,  give me a call at (850) 654-6097.  You can reach me 24 hours a day, 7 days a week, 365 days a year.

What Cases Do I Handle?

As a Destin criminal defense attorney, I can assist with numerous state criminal offenses, which include, but are not limited to, the following:

My website also has more specifics about DUI including information on the field sobriety test, blood alcohol content, the DUI breath test and DUI penalties.

Call Me Today For Your FREE Consultation

Criminal offenses are serious and when you are charged with one, who you choose as your defense attorney can have a serious impact on the outcome of your case.

If you are looking for a defense attorney:

  • whose only focus is your criminal cases;
  • who will fight for your rights and be your strongest advocate;
  • who will treat you with the personal attention you deserve and keep you informed on the progress of you case;
  • who is an experienced trial lawyer and who uses his skills and knowledge to get the job done….

Please pick up the phone and call me today at (850) 654-6097

Office Address:

4012 Commons Dr W
Suite 104
Destin, Florida 32541

Phone:

(850) 654-6097

When it’s time to put a professional Destin Florida DUI & Criminal Defense Attorney to work for you, call me at (850) 654-6097.  I can be reached 24 hours a day, 7 days a week, 365 days a year.

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Possession Of Drug Paraphernalia In Destin

by TimF on May 2, 2012

One of the most common criminal charges that we see as Destin criminal defense attorneys is the charge of Possession of Drug Paraphernalia or Drug Contraband. Sometimes it comes as a second count to a primary drug possession offense like Possession of Marijuana or Possession of Cocaine. The law is so broad now that just about any item that contains drug residue can be considered Drug Paraphernalia.

What is the potential penalty for Possession of Drug Paraphernalia?

It is a First Degree Misdemeanor, punishable by up to one year in jail and/or 1 year probation.

What types of items are defined as Drug Paraphernalia?

Some of the objects categorized as paraphernalia are things like pipes and bongs; but even common household items like silverware and coat hangers can be considered paraphernalia within certain contexts. Because the context and placement of the item in question is so important, Law Enforcement will almost always attempt to question the suspected owner as to the item’s prospective use among other factors like the proximity of the object to a controlled substance.

Are there any defenses available for a charge of Possession of Drug Paraphernalia?

Yes. While the Statute is extremely broad, there are grounds to establish a legal defense to the charge of Possession of Paraphernalia in Okaloosa County. In certain situations, a Motion to Dismiss could be filed to challenge the validity of the charge. In the following cases, the Courts have held in the Defendant’s favor:

An otherwise common item with a many common uses is not necessarily Drug Paraphernalia. And when an item has a legitimate common use, something  more than just the item by itself is required in order to find that the officer had probable cause in order to arrest for possession of drug paraphernalia.  Baggett v. State, 562 So.2d 359, 362 (Fla. 2d DCA 1990), holding that when an item has a common use, a police officer must have something more before probable cause arises. See also Walker v. State, 514 So.2d 1149 (Fla. 2d DCA 1987).

Not even a pipe which is specifically produced to smoke a controlled substance, and having no other legitimate purpose, without more evidence, is paraphernalia.  Goodroe v. State, 812 So. 2d Fla. 4th DCA 2002), Subuh v. State, 732 So. 2d 40 (Fla. 2d DCA 1999).

What should I do next?

Drug charges in Destin, Niceville, and throughout Okaloosa County are serious and need to be handled with care and expertise.

At Flaherty Defense Firm, we have a proven track record of success defending our clients accused of drug charges. We know what it takes to win these kinds of cases.

An experienced defense team on your side can make ALL the difference. Entrust Flaherty Defense Firm with your case, and you can be assured that you will be defended with passion and purpose.

If you or a loved one has been charged with Possession of Drug Paraphernalia in Destin, Freeport, Santa Rosa Beach, or anywhere in Okaloosa County or Walton County, call us today at (850) 654-6097 for a free consultation. We are available 24 hours a day, 7 days a week.

 

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Capital Sexual Battery In Destin Okaloosa County.

January 22, 2012

Over the last several weeks, I have blogged about Sexual Battery, Lewd and Lascivious Molestation, and Lewd and Lascivious Conduct charges in Destin, Defuniak Springs, and throughout Okaloosa County and Walton County. This week, I will discuss the most serious sexually related offense in the State ofFlorida: Capital Sexual Battery. What is a Capital Felony [...]

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Lewd and Lascivious Conduct In Destin Okaloosa County.

January 3, 2012

Over the last few blog posts, I’ve discussed Sexual Battery as well as Lewd and Lascivious Molestation. Today’s post will discuss Lewd and Lascivious (L & L) Conduct. L & L Conduct is similar to Molestation in that it involves inappropriate sexual contact with a child. All allegations of L & L Conduct are felonies [...]

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Lewd and Lascivious Molestation in Destin-Okaloosa County

December 19, 2011

Last week’s blog post discussed Sexual Battery. This week, I want to talk about a different sexual offense, Lewd and Lascivious (L & L) Molestation. L & L Molestation, commonly known as sexual molestation or fondling, involves inappropriate sexual contact with a child. All allegations of L & L Molestation are felonies in Okaloosa County [...]

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Charged With Sexual Battery in Destin Okaloosa County.

December 7, 2011

Sexual Battery, commonly known as rape, is a devastating allegation that begins to ruin a reputation before your side of the story has been heard. All allegations of sexual conduct are felonies in Okaloosa County and throughout the State of Florida. What are the different types of Sex Offenses in Florida? This blog post will [...]

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How Can I Get My Name Off The Sex Offender Registry?

November 21, 2011

Want Your Life Back? Florida’s Romeo and Juliet law may be able to help. Being convicted of a sexually related offense is bad enough. Having to carry around a Sex Offender designation can quite literally ruin your life. Here at Flaherty Defense Firm, we feel it is grossly unfair to lump everyone into the same [...]

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Felony Battery in Destin-Okaloosa County.

November 11, 2011

There are several types of Battery offenses that qualify as felonies. The Florida legislature has given the State Attorney’s Office a lot of power to charge a Battery as they see fit, that is–in order to leverage the highest charge possible with the most sentencing exposure possible. With the stakes being so high, it is [...]

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Felony DUI In Okaloosa County With Injury Or Death.

October 25, 2011

CAN I BE CHARGED WITH FELONY DUI IF I HAVE AN ACCIDENT? Most of the time, DUI’s are considered misdemeanor offenses. But there are some circumstances in which a DUI could be elevated to a felony. There are four categories of felony DUI: 1) 3rd DUI within 10 years of the last DUI conviction. 2) [...]

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Felony DUI In Okaloosa County.

October 7, 2011

FELONY DUI: Your past can come back to haunt you. Can I be charged with Felony DUI if I have prior DUI/DWI convictions? The prospect of being charged with an enhanced DUI based on prior offenses is a scary thing to consider. In Florida, if your current DUI is a third offense overall, and it [...]

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Aggravated Assault in Destin Okaloosa County.

September 26, 2011

What is Aggravated Assault? Aggravated Assault is a serious felony offense under Florida Law. Using the most basic terminology, it is threatening someone by using a deadly weapon. Prosecutors in Okaloosa County love to use this charge as kind of a “catch-all” charge when there was perhaps a criminal disturbance, but no one was injured [...]

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