Pretrial Diversion programs are available usually only to first-time offenders to resolve their cases and successful completion results in the State dropping the charges. The qualifications for these programs do differ from county to county. First and foremost, the crime the defendant is accused of usually must be a misdemeanor. In Polk County, the most common charges that defendants are offered diversion for Read More
Body and Dash Cameras
One of the first conversations I usually have with my clients that hire me for their criminal case here in Polk County usually involves something like, “get the body camera or dash camera footage; it will show you what happened.” Unfortunately, here in Polk County, there are no body cameras or dash cameras. Our Sheriff has made it abundantly clear that he does not support such technology. However, the National Read More
Why I Do What I Do
I am often asked one of several questions by people with no understanding of what I do: Why do you defend criminals? How can you do it when you know they are guilty? Don't you feel bad winning when you know you got them off on a technicality? I am very proud of what I do. I work each and every day to protect people and their Constitutional rights. I protect them from an overzealous government. I protect innocent Read More
Common Offenses With Driver’s License Suspensions and Revocations
If you have been given a citation or charged with a crime, or need help getting a hardship license, you need the help of an experienced attorney to stand beside you. Contact Heather Bryan Law today for your confidential consultation, at 863-825-5309 Read More
You Have A Right To Remain Silent…Use It!
Our founding fathers very specifically crafted the protection against self-incrimination located in the Fifth Amendment with a purpose. The protection dates back to English common law when the courts sought to prohibit the use of inquisitorial methods of interrogation. By the late 1700's, Parliament had begun to recognize the presumption of innocence. Of course, these ideas were carried over into colonial America Read More
To Blow or Not to Blow…
If you have been pulled over for a DUI, failed the field sobriety exercises, and told you are under arrest, the next step is submission to a breath test. You will be asked if you will submit to a breath test. You can refuse. You have to determine if this is the best choice for you in the moment. If you refuse to submit to a breath test, your driver's license will automatically be suspended for a year in Florida. Read More
Think Before You Post
Documenting our lives on social media has become second nature. When an event occurs, we immediately take a picture and post it to some sort of social media account. Most people do not consider the legal consequences of what they put on their social media accounts. I recently put a meme on Instagram that read, “Dance like no one is watching; email like it may one day be read aloud in a deposition.” I Read More
Is It Possible to Reinstate My Driver’s License After A DUI Conviction?
Yes, for most people it is possible to reinstate your driver's license.If you make a mistake and only have one DUI conviction, Florida statute requires the revocation of your driver’s license for 180 days to 1 year. Sometime prior to the expiration of the revocation period, you may apply for hardship license. In order to be approved for a hardship license, you must first complete DUI School and treatment, if Read More
Defending Against Domestic Violence Charges
Domestic Violence abuse is a serious allegation and nothing to joke about. The unfortunate truth is that many innocent people are falsely accused each year of domestic violence crimes. The reason is because all it takes is a phone call to 911 and an allegation, and someone is going to jail. For example, the definition of domestic violence battery is any actual and intentional touching or striking of another person Read More
You Can Say No
Many people are taught growing up that they must be respectful to police officers and submit to their authority. Police officers do come into harm's way quite frequently and work hard to protect society as a whole. However, respecting police officers does not equate giving up your rights. You have a right to privacy that is specifically protected by the Florida Constitution. You also have a right to Read More