Officers initiated a stop on a driver without a license plate. The driver immediately exited the vehicle with his hands in his pockets against officer orders. Backup deputies were called to the scene. The defendant refused to comply with officer instructions and he was subsequently arrested. Police charged the defendant with obscured tag, resisting arrest without violence, and possession of a concealed weapon.
An obscured tag on a vehicle means a portion of your license plate is not visible, which means that the numbers or letters are not able to be seen fully. An example of this would be a license plate frame that covers part of the sticker. Caked on dirt can also cover license plates, making it hard for portions of the license plate to be seen. Cops are allowed to make a traffic stop if they cannot see the entire license plate.
Resisting Arrest Without Violence
Resisting arrest without violence is a first-degree misdemeanor in Florida. An individual can expect to spend up to one year in jail, receive 12 months of probation, and incur a fine of $1,000 if they resist arrest. Examples of resisting arrest include the following: not obeying lawful commands, refusing to sit down when asked by a law enforcement officer, refusing to be handcuffed, or giving information that is false.
Defenses to resisting arrest include:
- Disputed “resistance”
- Involuntary reaction
- Absence of lawful duty
- Illegal detention or arrest
- “On the job” police actions
- Lack of knowledge of officer status
- Excessive force used
- Failure by the officer to explain the arrest
Possession of a Concealed Weapon
Possession of a concealed weapon in Florida is a third-degree felony. It is punishable by up to 5 years in prison, 5 years of probation, and a fine of $5,000.
The defenses of possession of a concealed weapon include:
- The weapon was within sight
- The weapon was not easily accessible
- The offender had a permit
- Lack of proof about knowledge of firearm
- The defendant was not in possession of the firearm
If you have been charged with any criminal activity, an attorney can advise you on what steps should be taken to best defend yourself. Charges such as possession of a concealed firearm or resisting arrest are serious charges in the state of Florida. A skilled attorney will have many years of practice under their belt, working on similar cases such as this one throughout the state of Florida.
At Musca Law, we pride ourselves on having over 150-years of combined experience within our professional law firm. We are able to build out a strong legal defense for your case, in order to most effectively and strategically defend your rights. We offer a free, no-obligation initial case consultation with new clients, in order to determine how our services may best support you and your legal needs. We have offices throughout the state in order to serve our clients’ geographical needs. We understand that legal crises occur at all hours of the day, so we make a point of accepting phone calls 24 hours per day, 7 days a week. Call us today to see how our firm can help you!
RESULT: The defense entered into heated deliberations with the prosecution over the fate of the client. The defense persuaded the court to issue a NO CONVICTION verdict on behalf of our client.