Archive for 'Frequently Asked Questions'

“If you have been arrested for DUI three (3) times in your life, you’re facing a FELONY DUI for your 3rd arrest, regardless of how long ago the 1st DUI occurred. Even if your 1st DUI was 30 or 40 years ago, it still qualifies as a foundational predicate DUI ‘prior,’ for purposes of felony ‘enhancement’ … meaning that the prosecutors will ‘enhance’ a new misdemeanor DUI and upgrade the new arrest to a FELONY DUI, **so long as your ...

“If you have a tiny straw in your possession with only a trace amount of cocaine residue on the end of the straw, THAT minuscule amount of cocaine is enough to get yourself charged with felony cocaine possession in Florida.” — Ft. Lauderdale criminal defense attorney John Castellano

Please feel free to call me anytime in the office at 954 766 8810, and I will be privileged to help you. I am,

Always there for you and your family,

John Castellano

“It’s called “CIVIL forfeiture” when they ‘seize’ and try to ‘forfeit’ or keep YOUR car for themselves, and we’ll agree here, there ain’t nothing ‘civil’ about it. You say, ‘Hey, wait, that’s MY car and I own it and I paid for it and I have the title in my name, so how can they keep it?!’ They can, and here’s how:

“The Florida forfeiture statute (laws) basically state that ‘title’ to your car vests immediately in the arresting agency the ...

“The Public Defender’s clients multiply when there’s little to no money floating around the economy, as even those who used to have money, can no longer afford private counsel when they’re arrested, or if their kids get arrested.” Ft. Lauderdale criminal attorney John Castellano

“The judges routinely appoint public defenders these days without conducting the required colloquy that is necessary before making a fully informed decision on the individual’s finances, i.e., that the individual accused is ‘indigent,’ meaning, that the accused ...

Call me directly a the office and I’ll tell you the real deal on what to expect in virtually any and every scenario or situation, but until then, here is just a little heads up:

Example excerpts of a FEDERAL confirming representation letter, *IF the accused client decides to enter into a “substantial assistance” agreement and cooperate with the prosecution:
…

Potential cooperation; “ substantial assistance”

“To be sure, the agents and the federal prosecutor are typically quite interested in receiving a proffer ...

“This is how easy it is to become a so-called ‘habitual traffic offender, ‘ and lose your drivers license for five (5) years: Let’s say you miss your court date for a speeding ticket, as an example; and consequently, the Judge then issues what is called a D-6 which essentially suspends your drivers license … and then you’re thereafter caught driving on THAT particular ‘suspended DL’ — and then imagine a scenario wherein you’re convicted of that ...

“It used to be, you had to be convicted of a felony drug offense — at least a felony weight of marijuana which happens to be an amount over twenty (20) grams, but that’s NOT the case anymore.” — Florida criminal defense attorney John Castellano

“The laws have changed in Florida and the judges are NOW required by statute to revoke and suspend your drivers license for two (2) years *if you are ‘adjudicated’ (i.e. fancy word for ...

“You’d be right in thinking that they could only ‘seize’ and thereafter ‘forfeit’ your car — or at least institute forfeiture proceedings as against your vehicle, if you had been arrested for a ‘felony’ charge in connection with the ‘use’ of your vehicle; but ALL that has changed now.” — Florida criminal defense attorney John Castellano

The forfeiture statutes that have been upheld as constitutional, state that the ‘title’ to your vehicle ‘vests’ in the ‘arresting agency’ (Ft. Lauderdale Police Department, ...