Brian P. Gabriel

What is the difference between probation and parole in Florida? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 If you're placed on probation, that is a level of supervision that the Department of Corrections, again, is supervising you, and, generally, a person is placed on probation when they do not go to jail or prison: instead they're placed on a period of probation, to be monitored, to be watched and to complete a list of different conditions that a court may impose. A person who is on parole is an individual coming out of prison that, again, is at the end of their sentence, and the court system is setting a lightening of the security, or a lightening of the supervision of that individual; and it's going to let them out of prison, and, instead, is going to let them be reporting through a parole officer and following those rules. If you have any questions about the differences between probation and parole in Florida or specific details about your case, visit our page at http://www.gabriellawteam.com/faqs/pr... for more information and a free consultation.

What is the DNA registry? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 In Florida if you're convicted of a felony, the court would generally require an individual to submit to a DNA sample. That sample is then given to the Florida Department of Law Enforcement so they can enter that information into the registry. Again, that is a huge data bank of DNA samples. When law enforcement is doing an investigation and they have a DNA sample, they have something of known value to compare their DNA sample against. That is how they match a DNA from a crime scene to a potential individual that maybe in the registry. If you have questions about the DNA registry, visit our page at http://www.gabriellawteam.com/ for more information and a free consultation.

What is the penalty for violation of a restraining order in Florida? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 Punishment for violation of restraining order in Florida depends upon the history that an individual has for domestic violence, and why that protective order comes about. I see a lot of times where an individual has been arrested for a domestic violence crime, they've been placed on a probationary period and that the victim will also have a protective order entered. Later during the probationary period there may be the allegation that there was some form of improper conduct or improper contact of the 2 individuals. Depending upon what level of contact and what that conduct was, the court from those pieces of evidence will determine what would be an appropriate punishment. I have seen where the court has not done much punishment at all, and I have seen where the court has just warned individuals "Don't do it again," and I have seen where courts have sentenced individuals to rather lengthy jail term sentences. If you have any questions about penalties for violating restraining orders then visit our page at http://www.gabriellawteam.com/faqs/re... for more information and a free consultation.

What is the point of a suspended sentence? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 When a Court suspends a sentence, it is giving an individual a second shot. It is saying, "I am not going to impose that sentence at this point in time. Instead, I am going to suspend it. Place you generally on a probationary period. Give requirements that you must complete. As long as you complete the requirements and stay out of trouble, pick up no new arrests, then the Court will not impose that suspended sentence." Again, it gives the Trial Judges the ability to motivate an individual to stay out of trouble by suspending a worse punishment over their heads. If you have questions about what a suspended sentence entails or matters pertaining to your case, visit our site at http://www.gabriellawteam.com/ for more information and a free consultation.

What is the role of the prosecutor? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 A prosecutor works for the state attorney's office, and will be the individual prosecuting or advocating for the state against you. Their the individual that your attorney has to work with, to determine whether or not the case can be resolved through some type of resolution. Or, if it's going to be a trial, they're going to be the attorney on the other side. It is always imperative to have your attorney have a good working relationship with these state prosecutors. If you have questions about the role of a prosecutor in your case, visit our site at http://www.gabriellawteam.com/ to find out more information and receive your free consultation.

What kinds of actions are considered domestic violence in Florida? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 Florida statute defines a domestic crime and it gives a list of crimes such as the crime of an assault, the crime of battery, the crime of stalking, the crime of sexual battery, or the attempts of those crimes, when you are in a domestic relationship. If you're in a domestic relationship, then the classification of those crimes changes to being domestic in nature. If you have questions about domestic violence, visit our page at http://www.gabriellawteam.com/faqs/do... for more information and a free consultation.

What kinds of breath test machines do law enforcement officers use? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 In Florida at this time there is only one approved breath testing device, and that is the Intoxilyzer 8000. It is manufactured in Kentucky, and it has been being used in Florida for the last fifteen to twenty years. Again, there's the possibility that Florida may be changing to the new device that that manufacturer is making, but that has not yet occurred. If you have questions about your case or the types of breath test machines used by law enforcement, visit our page at http://www.gabriellawteam.com/faqs/du... for more information and a free consultation.

What makes a DUI or DWI a felony? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 In Florida the DUI offense can become a felony crime if an individual has prior convictions for DUI, or if individuals are seriously injured, or if individuals are killed during an accident resulting from a DUI crash. If you have questions about your DUI case, visit our site at http://www.gabriellawteam.com/faqs/ge... for more information and a free consultation.

What rights do I have in Florida when a law enforcement officer asks me questions? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 When law enforcement officers are questioning you, you do have the right to have the assistance of an attorney present with you during those questions. You do not have to answer any questions by law enforcement officers. You have the right to again insist that you have counsel with you prior to answering those types of questions dealing with the outlining crime. If you have questions about your case or your rights when an officer asks you questions, visit our site at http://www.gabriellawteam.com/faqs/pe... for more information and a free consultation.

What should I do if I am asked to take a field sobriety test in Florida? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 When law enforcement make a traffic stop, and they request an individual to perform field sobriety exercises, it is up to that individual to make a determination whether or not he wishes to do it. In Florida, it is not against the law to refuse to do those tests, because they are designed to determine whether or not a person's normal faculties are impaired. Absent that evidence, a lot of times the state will not have sufficient evidence to end up convicting you, so a lot of times it may be in your best interest to not perform those exercises. If you have questions about your DUI case or what to do if you are asked to take a field sobriety test, visit our page at http://www.gabriellawteam.com/faqs/du... for more information and a free consultation.

What should I do if I get a call that a loved one has been arrested? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 When you receive that call, your first concern is to see about getting that individual out of the custody of the sheriff's office. Generally speaking, you need to contact a good attorney and a bondsman. Those two individuals working together will be able to determine what the charges are, whether or not a bond is allowed, and if it is allowed, to get that posted so that release of that individual can occur, generally within a couple hours. That person can get home and then be able to meet with both the attorney and the bondsman again, to outline the different facts that occurred. If you have questions about a criminal case for Brian Gabriel visit our site at http://www.gabriellawteam.com/faqs/ar... for more information and a free consultation.

What should I do if I have been charged with a third or fourth DUI? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 Individuals charged with a third or fourth DUI have to take into effect that there is a high probability that the state of Florida will up those charges to a felony offense. In Florida, an individual that has been charged with a third DUI, that has priors within the last ten years, can sometimes be classified as a felony offense, and for a fourth time offense, will routinely be classified as a felony offense. Again, looking into and being prepared for those actions to happen means that your attorney would assist you in being able to gather the significant pieces of evidence that are going to be needed for an offense of that type of severity, because you're going from a simple misdemeanor traffic crime DUI to now a felony offense DUI that certain circumstances can subject you to five to fifteen years in prison. If you have any questions about your DUI case visit our page at http://www.gabriellawteam.com/faqs/ha... for more information and a free consultation.

What symptoms and behavior is the officer looking for during the initial detention at the scene of a DUI? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 When an individual is stopped for a DUI, law enforcement will initially look for physical characteristics showing that a person may have consumed alcohol or illegal substances. That would be odors of alcohol, blood shot eyes, problems with balance, odors of other drugs. They're also going to look for cognitive impairment, and that is whether or not a person is acting appropriately, responding with the appropriate level of respect to law enforcement, whether or not their physical skills are diminished in providing paperwork. Law enforcement has been trained to look for those clues and repetitively will always be looking for those clues initially upon a traffic stop. If you have questions regarding your DUI case visit our page at http://www.gabriellawteam.com/alcohol... for more information and a free consultation.

What type of counseling could I be required to attend? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 If you're accused of a domestic violence crime, the court may make requests and sometimes requirements of you to attend domestic violence counseling, or some type of alcohol or drug abuse counseling, or some type of anger management counseling, but generally speaking, the counseling is designed to address one of those three to four different components. If there's children involved, it may deal with parenting issues, but there are different programs that are set up to address all those issues in one, or different programs and counseling classes that address them individually. If you have questions about what type of counseling you are required to attend then visit our page at http://www.gabriellawteam.com/practic... for more information and a free consultation!

What types of punishments do I face if convicted of a crime in Florida? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 In Florida, if you're convicted of a crime, you can be sentenced to a probationary period where the court fashions a punishment in the form of either community service hours, monetary fines, treatment or counseling, educational programs, suspension of licensing issues. The court imposes that type of a sentence. If your criminal activity is more severe or your record of criminal activity is more robust, then you can be sentenced to an incarcerated period of time. That can be a period of time up to one year in the county jail or for serious enough offenses, time in state prison. If you have questions about the different types of punishments given out for those who are convicted of a crime in Florida, visit our page at http://www.gabriellawteam.com/faqs/cr... for more information and a free consultation.

What types of sentences are there for crimes in Florida? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 For criminal actions in Florida, these sentences can be anything from a probationary period to an incarcerated period of time. That can either be in county jail or state department of correction in a state prison, or again it can be through probation. The court can fashion different types of activity that you must complete, special conditions of probation during that probationary time. The other type of a sentence can be strictly a monetary fine. The court sometimes will just impose sentences that include a fine and court costs. Once you've paid those fines and court costs, you're done and over with your case. If you have questions about Florida sentencing visit our page at http://www.gabriellawteam.com/faqs/cr... for more information and a free consultation.

When do the police have to read me my rights in Florida? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 According to Florida law, an individual is entitled to have his Miranda rights read to him when law enforcement is going to conduct what's called custodial interrogation. Custodial interrogation is when you are in a custodial situation. Being arrested is a simple example, but a lot of times it's prior to you being arrested. You must be in that custodial situation and you must be being questioned or interrogated by law enforcement. Again, if you have those two components, then every individual is entitled to have those Miranda rights read to them to see whether or not they wish to invoke those rights and remain silent, or waive those rights, answer the questions of law enforcement and see where the chips fall from there. If you have any questions about Florida law visit our page at http://www.gabriellawteam.com/faqs/ar... for more information and a free consultation.

When do the police have to read me my rights in Florida? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 According to Florida law, an individual is entitled to have his Miranda rights read to him when law enforcement is going to conduct what's called custodial interrogation. Custodial interrogation is when you are in a custodial situation. Being arrested is a simple example, but a lot of times it's prior to you being arrested. You must be in that custodial situation and you must be being questioned or interrogated by law enforcement. Again, if you have those two components, then every individual is entitled to have those Miranda rights read to them to see whether or not they wish to invoke those rights and remain silent, or waive those rights, answer the questions of law enforcement and see where the chips fall from there. If you have any questions about Florida law visit our page at http://www.gabriellawteam.com/faqs/ar... for more information and a free consultation.

When should I call or hire an attorney for my drunk driving case? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 If arrested for a DUI in Florida time is of the essence. Consequences with your driver's license occur within 10 days of the date of arrest. It is imperative that as soon as possible you contact an attorney to hire good representation to be able to assist you both in the administrative hearing dealing with your driver's license and in the criminal case. In the criminal case again a good attorney has to take steps necessary to preserve and gather evidence that will ultimately assist them in winning your case. If you have questions for Brain Gabriel about your DUI case visit our page at http://www.gabriellawteam.com/alcohol... for more information and a free consultation.

Where do I appeal the suspension or revocation of my Florida driver license? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 In Florida, an individual can appeal the suspension of their driver's license with the Department of Highway Safety and Motor Vehicles. Dependent upon their reason for the suspension, the department will set a show cause hearing so that an individual can demonstrate why their license should not have been suspended in the first place. If you have any questions about how to appeal the suspension or revocation of your Florida driver license visit our site at http://www.gabriellawteam.com/faqs/tr... for more information and a free consultation.

Where do you go to obtain injunctions for protection against violence in Florida? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 If you're wishing to obtain an injunction, you have to go to the clerk of court at any county courthouse. The State of Florida mandates different forms that are routinely present with the clerk's office and that they have to assist you in filling out those forms. If you're wishing to file for that injunction, the clerk of court is the place that you need to go to get those state approved forms. If you have any questions about where to go to obtain injunctions and all topics related to Florida law visit our page at http://www.gabriellawteam.com/faqs/do... for more information and a free consultation.

Who can get bail after being arrested? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 Most crimes in Florida, the court will allow an individual to bail out of jail pending that charge. Only the most severe charges are charges that that person's not entitled to bail or bond. Most charges, be it misdemeanor or felony charges, a court will look at the facts of the case, look at the record of an individual, look at whether or not that record demonstrates a flight risk or a failure to appear history. If not, the court will set what the court determines to be a reasonable bond amount. If you have any questions regarding Florida law and how bail is determined visit our page at http://www.gabriellawteam.com/faqs/ar... for more information and a free consultation.

Who sets a sentence in Florida and how is it determined? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 In Florida, the sentence is set by the court. The judge determines what your sentence will ultimately be. Different players do have an input into that sentence, that being the state attorney's office, and your attorney, the defense attorney. If there is an agreement of what a sentence should be, then it is up to the court to agree with the agreement. In essence, the court would listen to what a plea bargain was, and if the court is satisfied that that type of punishment is appropriate considering the facts of the case, the court would accept it. If the court does not believe it's appropriate, then the court may impose or inform the parties that it is not willing to accept that type of punishment and wants something more severe or less severe, depending upon the facts of the case. If you have any questions about Florida law and how it is determined, visit our site at http://www.gabriellawteam.com/press-c... for more information.

Why did I have to post bond? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 The purpose of bond to ensure your appearance at later court hearings. Dependent upon your prior record and the offense that you're charged with, a first appearance judge will set a bond amount. Again, the purpose of that is not to punish you because you have not been determined to be guilty of anything. The purpose is to assure that later on as your case progresses, you will show back up in court when you've been told to show back up. Again, that's why bond is set by the courts. If you have any questions for Brian Gabriel about your case or posting bond visit our page at http://www.gabriellawteam.com/press-c... for more information and a free consultation.

Why do law enforcement officers use breath test machines? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 In Florida the use of the breath test machine is to determine your BAC level because in Florida an individual is considered to be under the influence of alcohol to the extend that their normal faculties are impaired if they reached that .08 level. In Florida again we use the breath testing device to be able to measure that level to determine whether or not an individual may be convicted of DUI or not. If you would like to know more about Florida DUI law and the use of breathalyzers, visit our page at http://www.gabriellawteam.com/faqs/du... for more information.

Will I go to jail after being arrested for drunk driving in Florida? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 In Palm Beach County, any individual arrested for a DUI will be taken to the Palm Beach County jail, and held there a minimum of 8 hours following his arrest. This is purely for the sake of insuring that an individual that law enforcement has accused of being impaired does not get back out on the road. Again, you will be held, but you will be released after a period of 8 hours. If you would like to know more about what Brian Gabriel can do for your DUI case visit our site at http://www.gabriellawteam.com/alcohol... and receive your free consultation.

Will I lose my drivers license following conviction in my Florida drunk driving case? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 In Florida, every single individual convicted of a DUI will have their license suspended for a period of time. For a first time offender that period of time is routinely 6 months. For multiple time offenders, that can go anywhere from ... to 5 years, 10 years or a lifetime, depending on how many prior DUI convictions an individual has. If you would like to know more about Brian Gabriel and what he can do to help you with your Florida drunk driving case visit us at http://www.gabriellawteam.com/alcohol... for more information.

Will my drug dealing case be heard in regular criminal court or are there special drug courts? | Brian Gabriel | Law Offices of Gabriel & Gabriel LLC | Navigating Justice for the Criminally Accused | Call Today For Your FREE CONSULTATION | (561) 622-5575 | http://www.gabriellawteam.com/ | 4601 Military Trail, Suite 206 Jupiter, FL 33458 In Florida there are special drug courts. Those drug courts deal with the lowest level of drug offenses. That is, simple possession drug offenses. Most drug courts are determined that if you are a drug dealer, you are not getting the help, but if you are simply possessing drugs and illegally using them, then we will try to give you help. We will try to give you counseling. We will try to minimize the damage that this will have to your permanent criminal history. Again, those types of drug courts are set up for those first time offenders with a minimum of criminal activity in their case. If you have any questions about your drug case or where drug case's are held, visit our site at http://www.gabriellawteam.com/faqs/dr... for more information and a free consultation.