The Lewin Law Firm, PLLC Lewin Law Firm, PLLC 2026-06-30T16:51:06Z https://www.lewinlawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1204619/2019/10/cropped-Favicon-32x32.png On Behalf of The Lewin Law Firm, PLLC <![CDATA[Can pleas to lesser charges prevent domestic violence penalties?]]> https://www.lewinlawfirm.com/?p=49976 2026-06-30T16:51:06Z 2026-06-30T16:51:06Z Federal rules take plea deals into account The Second Amendment consequences of a domestic violence conviction come from federal policy, not just state law. Federal lawmakers long ago enacted a statute prohibiting those convicted of domestic violence from lawful firearm ownership. The intent is to prevent the escalation of domestic violence. Lawmakers have since expanded the rule so that it applies to not just felony domestic violence convictions but to any violent criminal offense associated with domestic violence. A misdemeanor charge accepted as part of a plea deal can still carry the same Second Amendment rights as a more serious domestic violence charge. Those who plead guilty to a violent crime to avoid prosecution for a more serious domestic violence allegation could end up facing firearm charges in the future. They may permanently lose their right to lawfully own firearms without realizing it. Working with a criminal defense attorney to fight domestic violence charges is often a better solution than pleading guilty. An attorney can help defendants understand their options and the potential consequences of different approaches.]]> On Behalf of The Lewin Law Firm, PLLC <![CDATA[Boating under the influence penalties in Palm Beach County]]> https://www.lewinlawfirm.com/?p=49975 2026-06-23T08:04:55Z 2026-06-23T08:04:55Z Statutory penalties for a first BUI offense A conviction for a maritime offense carries severe statutory consequences. Specifically, for a first offense, the court imposes a fine between $500 and $1,000 (current as of June 2026). You also face up to six months in jail. Additionally, the judge will order 50 hours of community service and will impound your vessel for 10 days.

The legal standard of actual physical control over a vessel

Law enforcement officers do not need to see your vessel in motion to make an arrest. The state defines operation based on a strict standard: physical control matters more than movement.
  • You can face charges while anchored if you possess the keys.
  • Officers evaluate your proximity to the steering mechanisms.
Consequently, you can face handcuffs even while resting at a local marina.

Blood alcohol limits and chemical test dynamics

Florida enforces a strict legal limit for operators on the water. The blood alcohol threshold is 0.08%, current as of June 2026. Exceeding this legal limit triggers an automatic escalation of your jail exposure and statutory fines. For example, a reading of 0.15% or higher results in a fine between $1,000 and $2,000, current as of June 2026.

Collateral consequences for your professional career

A criminal record impacts your life far beyond the courtroom. In fact, local employers regularly perform background checks that reveal misdemeanor convictions. Furthermore, if you hold a professional license, a conviction can trigger an administrative review. Your reputation and your livelihood remain at stake.

Protect your future after a maritime arrest

Fortunately, navigating the legal system allows for an aggressive evaluation of the evidence. Officers frequently utilize specialized testing techniques that fail to account for wave action. Challenging these maritime testing protocols can uncover critical flaws in the case of the prosecution. A meeting with a criminal defense attorney is an excellent step to protect your rights.  ]]> On Behalf of The Lewin Law Firm, PLLC <![CDATA[It is possible to challenge a breath test?]]> https://www.lewinlawfirm.com/?p=49974 2026-06-18T19:48:19Z 2026-06-18T19:48:19Z challenge a breath test. It certainly does not guarantee a conviction. It is just one piece of evidence in your case.

Training and mistakes

First and foremost, an officer needs proper training to know how to administer a breath test correctly. Maybe you believe that the officer made clear mistakes that compromised the integrity of the test. Maybe there is evidence that they were never properly trained, so it is unclear if they administered the test correctly or not.

Issues with the device

In some cases, you may question the functionality of the breath test itself. One common issue is when routine maintenance has not been carried out and the breath test has not been calibrated recently. It may be true that the test claimed you were over the legal limit, but was that reading even accurate?

Your legal defense options

It is natural to feel concerned about the future when you are facing serious DUI charges. But as you can see, there are often legal options you can explore, even with a failed breath test. It can help to work with an experienced criminal defense attorney in Florida accordingly.]]> On Behalf of The Lewin Law Firm, PLLC <![CDATA[Could a fat-loss diet explain a failed breath test?]]> https://www.lewinlawfirm.com/?p=49971 2026-06-04T10:26:37Z 2026-06-04T10:26:37Z How diet affects body chemistry The keto diet has been popular in recent years due to its ability to help people burn stubborn fat. People intentionally push their bodies into a state of ketoacidosis by controlling the macronutrients they ingest. Ketoacidosis prompts the body to burn fat. The byproducts of fat burning include water and also acetone. The body gets rid of those byproducts through the breath. People exhale acetone and other chemical byproducts during fat loss. For most people, that is not a problematic bodily function. For those subject to a breath test, acetone can cause a false positive or can drastically increase the blood alcohol concentration (BAC) calculated by a chemical testing device. If people on a specialized fat-burning diet fail a chemical test and cannot understand why, their diet could be part of the explanation. Reviewing medical records with a skilled legal team could help those concerned about a failed breath test plan a DUI defense strategy. An alternate explanation for a failed test can reduce the likelihood of a criminal conviction.]]> On Behalf of The Lewin Law Firm, PLLC <![CDATA[Arrested for drugs found in someone else’s car in Florida?]]> https://www.lewinlawfirm.com/?p=49970 2026-06-01T14:00:34Z 2026-05-28T04:28:18Z Actual vs. constructive possession under Florida law To secure a conviction for drug possession, Florida prosecutors must prove your guilt beyond a reasonable doubt using one of two legal doctrines:
  • Actual possession: This occurs when the controlled substances are found directly on your physical person, such as in your pockets, in your hands, or inside clothing you are actively wearing.
  • Constructive possession: When drugs are discovered inside a borrowed vehicle, the state must rely on constructive possession. This requires the prosecution to prove that you had knowledge that the drugs were present and that you had the direct dominion and control over the space where they were hidden.
Because Florida law presumes you know a drug is illegal once its presence is established, your defense must actively raise the "lack of knowledge of the illicit nature" as an affirmative defense to defeat the charge.

Strategic defenses to defeat the state’s case

Florida case law explicitly establishes that your mere proximity to a controlled substance in a borrowed vehicle is completely insufficient to prove constructive possession. If the vehicle is not registered to you, the legal presumption of knowledge disappears, forcing the state to provide independent, corroborating evidence connecting you directly to the hidden contraband. Dismantling a constructive possession charge requires an evidence-driven defense strategy:
  • Fourth Amendment violations: If the police lacked reasonable suspicion to pull you over, or if they searched the vehicle without your consent, a warrant, or true probable cause, a judge may suppress the discovered drugs entirely.
  • Forensic and chronological gaps: Your defense can highlight the complete absence of your DNA or fingerprints on the packaging, alongside text records proving the vehicle was exclusively utilized by its registered owner prior to your drive.
Unless the state can present fingerprints, text messages, or confessions proving you knew the hidden compartment contained contraband, mere presence in a borrowed car cannot sustain a conviction. Reviewing the statutory defense rules for Florida drug charges will help you understand your immediate legal options. Do not let someone else’s illegal items dictate your future freedom. Contact an experienced lawyer to secure a dedicated legal defense and protect your clean record.]]> On Behalf of The Lewin Law Firm, PLLC <![CDATA[Can you bring legal marijuana products into Florida?]]> https://www.lewinlawfirm.com/?p=49969 2026-05-26T03:48:57Z 2026-05-26T03:27:07Z medical marijuana, as we’ve discussed here before. However, a person must have a qualifying condition and obtain a medical marijuana card. Not everyone can simply walk into a dispensary and purchase products. In other states, however, that is exactly how it works. A number of states have legalized recreational marijuana, so adults who are at least 21 years old can buy it from licensed dispensaries.. What Floridians sometimes wonder is whether they can legally purchase these products in another state and then drive back to Florida with them.

2 significant issues

There are two primary reasons why you should not do this, even if the initial purchase was legal. The first is that crossing state lines with marijuana products is still a federal offense. If you bought products in Michigan and started driving back to Florida, you would break federal law as soon as you crossed into Ohio or Indiana. If you had a large quantity of products, you could even face accusations of drug trafficking when transporting them across state lines. Secondly, even if you successfully bring the products into Florida without being stopped, Florida law still applies once you are here. You could face charges for illegal drug possession. Just because you purchased the products legally in another state, that does not mean you are allowed to possess or use them in Florida. If you do find yourself facing drug charges, with the possibility of fines, incarceration and other penalties, it is important to understand what legal defense options you have.]]> On Behalf of The Lewin Law Firm, PLLC <![CDATA[How to use your right to remain silent in Florida]]> https://www.lewinlawfirm.com/?p=49966 2026-05-11T19:15:13Z 2026-05-11T19:15:13Z If you face arrest in Florida, you do have certain rights. These are often referred to as your Miranda rights. They include the right to remain silent and the right to an attorney. It is typically best to inform the police officers that you intend to use your right to remain silent. Technically, you could simply refuse to answer any questions, and you do not have to say anything, understanding that any statements you make could be used against you in a court of law. But the trouble with simply not cooperating is that the police may continue to interrogate you or ask you questions. This can be a stressful and fatiguing process, and they may be hoping that they wear you down until you answer. But if you tell them that you are going to use your right to remain silent, then they know that you do not intend to give any answers and the questioning typically stops.

Your right to an attorney

At this time, it is also important to consider the right that you have to legal counsel. You may eventually agree to answer questions from the officers, but you may simply want to tell them that you are not going to do so until you have talked to your attorney. Just like your right to remain silent, this is a way to protect yourself. The police cannot force you to answer any questions without your attorney present. Going through an arrest can certainly be stressful, and you may have concerns about the potential ramifications, including incarceration, financial fines and a long-term impact on your future. It can help to work with an experienced criminal defense attorney to protect your rights and explore your options.  ]]> On Behalf of The Lewin Law Firm, PLLC <![CDATA[Do people regain firearm rights after serving a Florida sentence?]]> https://www.lewinlawfirm.com/?p=49959 2026-04-22T19:17:47Z 2026-04-22T19:17:47Z Petitioning for restoration is necessary There is no automatic Second Amendment restoration process in Florida. Those who commit crimes serious enough to warrant the loss of their Second Amendment protections must follow a formal petition procedure. They must avoid any criminal convictions for at least eight years and then petition the Board of Clemency. The failure to follow the appropriate procedure could lead to firearms charges against people who might assume that they are in compliance with the law. Even the continued ownership of a firearm acquired before a criminal conviction could potentially lead to new charges against a person who has previously served a sentence for a major criminal offense in Florida. Understanding how the state restricts Second Amendment rights after a serious criminal conviction can help people avoid subsequent criminal charges. Unlawful firearm possession after a criminal conviction could potentially lead to new charges and additional penalties for someone who has previously served a criminal sentence.]]> On Behalf of The Lewin Law Firm, PLLC <![CDATA[Possession vs. trafficking: How weight shapes your charges]]> https://www.lewinlawfirm.com/?p=49958 2026-04-22T14:08:16Z 2026-04-22T14:08:16Z Weight thresholds that define your charges Florida law treats drug possession and trafficking as fundamentally different offenses. Simple possession generally involves having a controlled substance without the intent to sell, manufacture or deliver it. Trafficking, by contrast, does not require proof that you sold or distributed anything. It is based on the amount of the substance alone, meaning you can face a trafficking charge even without any evidence of a transaction. The thresholds vary by substance. For cocaine, trafficking begins at 28 grams. For cannabis, the threshold is 25 pounds, while some opioids such as fentanyl trigger results in charges at just 4 grams. The weight calculation can also include the total mixture, not just the pure drug. If a substance is diluted or combined with other materials, the entire weight of the mixture may count toward the trafficking threshold.

Penalties that escalate with every gram

Simple possession of a controlled substance is generally a third-degree felony in Florida, carrying up to five years in prison and  $5,000 in fines. Judges in possession cases often retain discretion to consider alternatives such as probation or pretrial diversion, particularly for first-time offenders. For trafficking charges, the state imposes mandatory minimum sentences that a judge cannot reduce or waive, regardless of your background or the circumstances of the offense. For example, carrying 28 to under 200 grams of cocaine can result in a mandatory minimum of three years in prison and a $50,000 fine. These penalties escalate further depending on the specific substance involved and the total amount in question.

Defense strategies that apply to both charges

One of the most common defenses in weight-based drug cases involves questioning the accuracy of the measurement itself. Officers must follow strict procedures when they weigh seized drugs. Problems with calibration, handling or chain of custody records can cast doubt on the stated weight and weaken the prosecution’s case. Constitutional challenges also play a role in these cases. If law enforcement seized the drugs during an unlawful search, a court may suppress the evidence entirely. Fourth Amendment protections against unreasonable searches apply whether the amount involved falls under possession or trafficking.]]> On Behalf of The Lewin Law Firm, PLLC <![CDATA[At what point does drug possession become trafficking?]]> https://www.lewinlawfirm.com/?p=49954 2026-04-13T17:06:39Z 2026-04-13T02:53:49Z Under Florida law, drug trafficking is primarily based on the quantity or weight of the substance in your possession. Even if your drugs are for personal use, exceeding certain statutory thresholds can automatically trigger trafficking charges. Some of these thresholds include:
  • Cannabis: 25 pounds or 300 plants
  • Cocaine: 28 grams
  • Heroin: 4 grams
  • Fentanyl: 4 grams
  • Methamphetamine: 14 grams
  • Oxycodone/Hydrocodone: 7 grams
It’s worth noting that prosecutors don’t have to prove you sold drugs, intended to sell them or even knew how much you were carrying to bring a trafficking charge. This means you could be charged with trafficking even if you never sold a single gram.

Why it matters

Florida trafficking laws carry strict mandatory minimum sentences. A judge cannot go below these minimums, even if they want to. For instance, at 28 grams of cocaine, you’re already looking at a minimum three-year prison sentence and a $50,000 fine. At higher quantities, those numbers escalate sharply.

Building a defense

Facing a trafficking charge doesn’t mean conviction is inevitable. Law enforcement sometimes make mistakes that can help your defense. If your rights were violated during a search and seizure or if there were errors in how police handled the evidence in their custody, such issues can significantly weaken the case against you. Reaching out for early legal guidance when facing such serious charges in Florida can help protect your rights, identify any weaknesses in the prosecution’s case and build a strategic defense strategy  from the outset.]]>