Topics relating to Super Lawyers | St. Petersburg, FL https://www.stpetelawgroup.com/tag/super-lawyers/ St Petersburg's Oldest Full Service Law Firm Fri, 29 Aug 2025 19:57:34 +0000 en-US hourly 1 https://www.stpetelawgroup.com/wp-content/uploads/favicon-150x150.png Topics relating to Super Lawyers | St. Petersburg, FL https://www.stpetelawgroup.com/tag/super-lawyers/ 32 32 MILLION-DOLLAR TRIAL VICTORY https://www.stpetelawgroup.com/million-dollar-trial-victory/ Fri, 29 Aug 2025 19:49:41 +0000 https://www.stpetelawgroup.com/?p=22370 Battaglia, Ross, Dicus & McQuaid, P.A. wins a major non-jury trial for Mirror Lake Place, LLC against Frontier Communication Parent, Inc.

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Battaglia, Ross, Dicus & McQuaid, P.A. is proud to announce a significant trial win for our client, Mirror Lake Place, LLC, in a recent non-jury trial against Frontier Communication Parent, Inc.

Our dedicated trial team, led by Aubrey O. Dicus, Jr., Alec M. Waid, and Alexander T. Lewis, with the help of Paralegals Tiffany Ubele and Rodica Marinescu, successfully secured a Final Judgment in favor of Mirror Lake Place, LLC on all claims, including Negligent Misrepresentation, Trespass, Quiet Title, and Declaratory Judgment.

Our client is a developer who had invested in and developed a new condominium building in Downtown St. Petersburg. However, after they broke ground, they discovered that, although Frontier Communications had told them there were no lines running under the property, a large conduit was in fact running through the middle of the construction site. After a three-day trial, the Court awarded Mirror Lake Place, LLC over $1.98 Million in damages and ordered Frontier to remove its facilities from the client’s property within six-months at Frontier’s cost. This judgment affirms our client’s clear ownership of their St. Petersburg property and holds Frontier accountable.

This outcome is a testament to our team’s relentless pursuit of justice and deep expertise in complex property disputes. We are thrilled to deliver such a favorable result for our client!

Contact a Litigation Attorney in Florida

Battaglia, Ross, Dicus & McQuaid, P.A. is a U.S. News and World Reports Tier 1 law firm in Florida and has been helping Florida residents since 1958. With award-winning experienced attorneys, we provide litigation in a wide variety of services from civil litigation to commercial and real estate. Schedule a free consultation today to get started or to get any questions answered.

#TrialVictory #PropertyLaw #StPetersburgLaw #CivilLitigation #TrialLawyers #BattagliaRossDicusMcQuaid #JusticeServed #RealEstateLaw #PinellasCounty

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Best Lawyers in America 2026 Edition https://www.stpetelawgroup.com/best-lawyers-in-america-2026-edition/ Thu, 21 Aug 2025 17:48:18 +0000 https://www.stpetelawgroup.com/?p=22336 At Battaglia, Ross, Dicus & McQuaid, P.A., eleven attorneys are honored in the 32nd Best Lawyers in America and 6th Ones to Watch editions.

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At Battaglia, Ross, Dicus & McQuaid, P.A., we are proud to share that eleven of our attorneys have been honored in the 32nd edition of Best Lawyers in America and the 6th edition of Best Lawyers: Ones to Watch in America. Being recognized reflects not just professional achievement, but also the lasting impact we aim to make for those we represent. Best Lawyers in America has honored the following attorneys for their outstanding work in their respective fields:

Sean K. McQuaid (Recognized in Best Lawyers since 2023)

  • Personal Injury Litigation – Plaintiffs

Aubrey O. Dicus, Jr. (Recognized in Best Lawyers since 2010)

  • Commercial Litigation
  • Criminal Defense – General Practice
  • Criminal Defense – White-Collar
  • Personal Injury Litigation – Defendants
  • Personal Injury Litigation – Plaintiffs

Jonathon Douglas (Recognized in Best Lawyers since 2023)

  • Insurance Law
  • Litigation – Insurance

Robert Kapusta, Jr. (Recognized in Best Lawyers since 2023)

  • Closely Held Companies and Family Businesses Law
  • Corporate Law
  • Mergers and Acquisitions Law
  • Real Estate Law
  • Trusts and Estates

Bruce Marger (Recognized in Best Lawyers since 2009)

  • Litigation – Trusts and Estates
  • Trusts and Estates

Andrew R. Pardun (Recognized in Best Lawyers since 2023)

  • Corporate Law
  • Litigation – Real Estate
  • Real Estate Law

C. Hunter Rawls (Recognized in Best Lawyers since 2025)

  • Litigation – Trusts and Estates
  • Trusts and Estates

Caitlin C. Szematowicz (Recognized in Best Lawyers since 2023)

  • Commercial Litigation

Best Lawyers: Ones to Watch in America (2026 Edition):

Lama Alqasemi

  • Elder Law
  • Trusts and Estates

Ranger Jackson

  • Criminal Defense – White-Collar
  • Personal Injury Litigation – Plaintiffs

Alec Waid

  • Commercial Litigation
  • Criminal Defense – General Practice

Sean K. McQuaid

Sean K. McQuaid has been named to Best Lawyers in America in 2026 for his work in Personal Injury Litigation – Plaintiffs. He currently serves as President and Managing Partner of Battaglia, Ross, Dicus & McQuaid, P.A., and previously held the role of President of the St. Petersburg Bar Association from 2020 to 2021. In 2025, he was also recognized as one of St. Pete’s Best Personal Injury Attorneys. His practice spans a range of areas, including personal injury, wrongful death, and criminal defense.

Aubrey O. Dicus, Jr.

Aubrey is honored in the 2026 edition of Best Lawyers in America for his work in Criminal Defense – General Practice, Criminal Defense – White Collar, Commercial Litigation, and Personal Injury Litigation – Plaintiffs and Defendants. With nearly five decades at the firm, he brings unparalleled experience, having represented clients in cases ranging from minor disputes to highly complex, high-profile matters. He has also been named to the 2025 Florida’s Super Lawyers list.

Jonathon Douglas

Jonathon Douglas, recognized in the 2026 edition of Best Lawyers in America for Insurance Law and Insurance Litigation, is also a Florida Super Lawyer and St. Petersburg native. He has devoted his career to advocating for policyholders in complex insurance disputes and currently serves as a partner at Battaglia, Ross, Dicus & McQuaid, P.A., concentrating on personal injury and insurance litigation.

Andrew R. Pardun

Andrew R. Pardun has been recognized in the 2026 edition of Best Lawyers in America for his work in Real Estate Law, Real Estate Litigation, and Corporate Law. His practice also includes commercial and residential title insurance and business law. For the sixth year in a row, he also earned a spot on the Florida Super Lawyer’s Rising Star list.

Robert Kapusta Jr.

Robert Kapusta, Jr. has been named to Best Lawyers in America in 2026 in multiple categories, including Closely Held Companies, Family Businesses Law, Corporate Law, Mergers and Acquisitions Law, and Real Estate Law. Trusts and Estates his work in Real Estate Law and Closely Held Companies and Family Businesses Law. His practice further includes mergers and acquisitions, business and corporate law, along with tax and estate planning. Not only is he an accomplished attorney, but an active community member, serving as chair of the Executive Committee for the St. Petersburg Downtown Partnership.

Bruce Marger

Bruce Marger is recognized in the 2026 edition of Best Lawyers in America for his expertise in both the categories of Trusts and Estates and Litigation – Trusts and Estates. His practice spans estate planning, estate and gift tax planning, income tax preparation for estates and trusts, probate and trust administration, real property law, and probate and trust litigation. He also provides specialized guidance to clients on planning qualified IRA distributions.

C. Hunter Rawls

C. Hunter Rawls is listed in Best Lawyers in America for his excellence in Litigation – Trusts and Estates, as well as in the category Trusts and Estates. A sixth-generation Floridian, he is part of the firm’s Wills, Trusts, and Estates division, where he combines extensive estate planning experience with a strong record in litigation. In 2024, he was also appointed to a three-year term on The Florida Bar Sixth Circuit Grievance Committee “D”, which contributes to upholding ethical standards in Florida’s legal community.

Caitlin C. Szematowicz

Caitlin C. Szematowicz has been recognized in the latest edition of Best Lawyers in America for her work in Commercial Litigation. Since joining the firm in 2012, she has provided outstanding legal representation in civil and commercial litigation, appeals, and employment law for employers. A Rising Star to Florida’s Super Lawyers list since 2018, and a Florida Super Lawyer since 2024, Caitlin C. Szematowicz has been consistently recognized for her excellence in her legal practice.

Lama Alqasemi

Lama has been named a 2026 “Ones to Watch” honoree by Best Lawyers in America for her

work in Trusts and Estates, as well as Elder Law. She also focuses on charitable gift planning, business succession planning, guardianship, Medicaid eligibility, and qualified income trusts. In 2025, her commitment to her clients was also recognized when she was named to Florida’s Super Lawyers Rising Stars list.

Ranger Jackson

Ranger Jackson has been named to Best Lawyers: Ones to Watch in America for Personal Injury Litigation – Plaintiffs, and for 2026, he also earned recognition for his work in Criminal Defense – White Collar. He brings a broad background in personal injury, criminal defense, and civil litigation, including experience as a prosecutor in both Pinellas County, Florida, and the San Francisco Bay Area, where he handled high-profile cases and led an electronic investigations unit.

Alec Waid

Alec Waid is a first-time addition to Best Lawyers: Ones to Watch in America for Commercial Litigation and Criminal Defense – General Practice. He was previously a prosecutor in the Pinellas County State Attorney’s Office, where he tried over 25 jury trials, handling cases ranging from complex financial fraud to major legal violations. Alec now represents individuals and businesses in civil disputes and criminal defense matters, bringing extensive courtroom experience and trial advocacy expertise.

Why Choose Battaglia, Ross, Dicus & McQuaid, P.A.

Since 1958, Battaglia, Ross, Dicus & McQuaid, P.A. has been a trusted legal name, providing dedicated representation for Florida residents in cases of all sizes and complexities. Founded by the late Anthony Battaglia on principles of service, integrity, and community involvement, the firm has built a long-standing reputation for excellence. Today, our attorneys continue this legacy, providing skilled legal counsel across a wide range of practice areas while actively contributing to the community. Get in touch with us today for expert legal guidance, and learn more at: https://www.stpetelawgroup.com/

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Battaglia, Ross, Dicus & McQuaid Celebrates Sean McQuaid’s 25th Work Anniversary https://www.stpetelawgroup.com/battaglia-ross-dicus-mcquaid-celebrates-sean-mcquaids-25th-work-anniversary/ Thu, 14 Aug 2025 12:50:08 +0000 https://www.stpetelawgroup.com/?p=22310 We are proud to celebrate a monumental milestone: the 25th work anniversary of our President, Sean McQuaid.

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Battaglia, Ross, Dicus & McQuaid is proud to celebrate a monumental milestone: the 25th work anniversary of our President, Sean McQuaid. His journey with our firm has been nothing short of extraordinary, marked by a rapid rise and a legacy of unparalleled success.

Sean joined the firm in 2000, quickly proving himself to be a valuable asset. His dedication and legal prowess led him to become a shareholder in 2006 and a partner in 2013, the fastest rise of any lawyer in the firm’s history. Beyond his leadership role, Sean’s accomplishments include being a Martindale Hubbel AV-rated attorney, a Tier 1 lawyer by U.S. News and World Report, and a Florida Super Lawyer since 2014. He was named “Best Attorney” in Creative Loafing’s Best of the Bay in 2022. He is also a member of the Million Dollar Advocates Forum, and has been recognized as Florida Trend Legal Elite and Notable Managing Partner in 2023.

Under Sean’s leadership, the firm has achieved remarkable success, including being named the Tampa Bay Times Best of the Best for seven consecutive years in 6 categories. A cornerstone of his impact has been the exponential growth of our personal injury division, which now operates in multiple states and has expanded to 14 locations, with ambitious plans for further expansion.

Sean’s commitment to our clients and our community is unwavering. He served as the President of the St. Petersburg Bar Association from 2020-2021 and has held various community and board positions. His unwavering dedication and vision have been instrumental in shaping the firm’s direction and success over the last quarter-century.

Please join us in congratulating Sean McQuaid on this incredible achievement and thanking him for his invaluable contributions. We look forward to celebrating many more years of success under his guidance.

“On behalf of our entire team, we would like to thank you for everything you do and all the personal attention you give. We couldn’t have asked for a better man to fill the boots.” ~Battaglia, Ross, Dicus & McQuaid, P.A.

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Battaglia, Ross, Dicus & McQuaid, P.A. Named Tampa Bay Times “Best of the Best” for the 7th Year in a Row https://www.stpetelawgroup.com/battaglia-ross-dicus-mcquaid-p-a-named-tampa-bay-times-best-of-the-best-for-the-7th-year-in-a-row/ Fri, 01 Aug 2025 19:21:35 +0000 https://www.stpetelawgroup.com/?p=22275 Battaglia, Ross, Dicus & McQuaid, P.A. named Best Law Firm in Tampa Bay 7 years straight—trusted in business, defense, injury, estate & more.

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At Battaglia, Ross, Dicus & McQuaid, P.A., we are proud to announce that we have been recognized once again as Tampa Bay’s premier law firm by winning the prestigious Tampa Bay Times “Best of the Best” People’s Choice Award for the 7th consecutive year in 2025.

The Tampa Bay Times “Best of the Best” People’s Choice Award

The “Best of the Best” is determined through a rigorous community voting process. Local residents cast their nominations and votes for businesses that demonstrate exceptional service in the Tampa Bay area.

Being granted this honor for seven straight years highlights our firm’s consistent delivery of outstanding legal services. The award reinforces our position as a trusted legal partner for Tampa Bay residents seeking expert representation across multiple practice areas.

Legal Practice Areas Recognized by the Award

Battaglia, Ross, Dicus & McQuaid, P.A. received top honors across six categories thanks to your votes:

  1. Best Law Firm: Leading the Tampa Bay legal community, as a full-service law firm equipped to handle diverse legal challenges.
  2. Best Title Company: Excellence in real estate transactions with trusted title services, seamless closings, and meticulous attention to detail.
  3. Best in Business Law: Experts in commercial litigation and all legal matters related to business management.
  4. Best in Defense Law: Skilled criminal defense from DUI charges to arrest warrants, drug offenses, and white-collar crimes; we offer representation from minor charges to high-stakes cases.
  5. Best in Personal Injury Law: Dedicated advocacy for accident victims, including car accidents, commercial trucking collisions, and wrongful death, among other types of incidents.
  6. Best in Estate Law: Comprehensive estate planning solutions, probate services, and trust administration tailored to protect your legacy and ensure peace of mind.

Client-Centered Approach Backed by a Proven Track Record of Success

Our firm stands out through our personalized approach to legal representation. Each client receives direct attorney access and customized legal strategies tailored to their unique circumstances. We maintain consistent communication, ensuring clients stay informed throughout their legal proceedings.

This client-first philosophy is reinforced by our strong reputation for exceptional courtroom advocacy and a history of successful outcomes. We skillfully manage our cases with the experience, dedication, and strategic insight needed to consistently deliver results that exceed expectations.

Our Commitment to Community Engagement

Beyond our exceptional legal services, our firm maintains deep roots in Florida. Our attorneys serve on various local boards and committees, contributing their expertise to shape policies benefiting local residents.

We consistently aim to benefit local community initiatives by fundraising, raising awareness, and offering boots-on-the-ground support when needed. For example, last year, after Hurricane Milton and Hurricane Helene ravaged the Tampa Bay area, we jumped into action to organize a hurricane relief drive to those affected by the storms.

Our firm’s commitment to public service and civic involvement is a tradition that traces back to its founding. As a result, each of our firm’s distinguished attorneys brings a strong sense of responsibility to their communities.

Further Awards and Industry Accolades

Our firm’s excellence goes well beyond local recognition, with 450+ awards earned both statewide in Florida and across the nation. We are a U.S. News & World Report Tier 1 law firm, placing it among the nation’s most prestigious legal practices.

Our attorneys continue to earn distinguished honors, such as:

These accolades reflect our firm’s sustained commitment to legal excellence. The recognition from national organizations validates the trust Tampa Bay residents place in us through their “Best of the Best” votes.

The combination of national prestige and local trust positions us as a leading legal authority, ready to serve our clients.

Get in Touch Today

Whether you’re in Pinellas County, Hillsborough County, or anywhere else within the Tampa Bay area we are here to provide the trusted legal representation our firm is known for.

Call or text us at +(197) 0232-0268, (813) 639-8111 or visit www.stpetelawgroup.com to learn more.

Thank you for placing your trust in us!

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New Law Will Mean Greater Defenses to BUI Charges in Florida https://www.stpetelawgroup.com/new-law-will-mean-greater-defenses-to-bui-charges-in-florida/ Wed, 30 Jul 2025 20:28:03 +0000 https://www.stpetelawgroup.com/?p=21572 Starting July 1, 2025, Florida’s Boater Freedom Act limits law enforcement stops, reducing BUI and related arrests.

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Updated July 30, 2025 by Ranger Jackson On July 1, 2025, Florida’s boating laws underwent significant changes. Governor Ron DeSantis recently signed theBoater Freedom Act (SB 1388) into law, introducing measures that limit when law enforcement can stop or board a vessel. Consequently, this will lead to fewer arrests for boating under the influence (BUI) and related offenses. As Florida criminal defense attorneys, we believe it’s essential for boaters in our community to understand how this law protects their rights and how it might affect any criminal case arising from a stop on the water.

What Is the Boater Freedom Act?

The Boater Freedom Act aims to reduce government overreach on Florida’s waterways. It achieves this by restricting random stops and searches on boats and limiting certain enforcement powers previously exercised by law enforcement agencies like the Florida Fish and Wildlife Conservation Commission (FWC). Here are the key changes under SB 1388:

Probable Cause Requirement for Stops

Law enforcement officers must now have probable cause to stop or board a vessel for safety or sanitation inspections. Previously, they could conduct these inspections without any suspicion of a violation.

Safety Equipment Violations Are Now Secondary Offenses

Boaters can no longer be stopped solely to inspect safety equipment like life jackets or whistles. Officers must have another legal reason to stop your boat before they can cite you for missing safety gear.

Florida Freedom Boater Decal

Boaters can voluntarily obtain a new inspection decal when registering their vessel. This decal indicates that your boat passed a safety inspection and may reduce the likelihood of future stops.

Ban on Local Gas-Powered Vessel Restrictions

The law also prevents local governments from banning gas-powered boats, ensuring that boaters can continue using traditional motors across all of Florida’s public waterways. For more details, you can read the full bill text on the Florida Senate website.

Why This Law Matters for Florida Boaters

In Florida, boating is more than just recreation—it’s a way of life. From St. Petersburg to Tampa, locals and tourists enjoy our waterways year-round. However, until now, random stops have been a frequent and often frustrating experience for many law-abiding boaters. This law brings about real changes:

Fewer Random Boardings

Previously, boaters could be stopped at any time for random checks. Now, unless law enforcement observes or suspects something illegal, they must allow you to proceed without interruption.

More Predictable Enforcement

Boaters no longer have to worry about being cited for minor infractions during a random stop. This means less stress on the water and a greater focus on actual boating safety.

Peace of Mind with the New Decal

Participating in the “Florida Freedom Boater” program signals to officers that your vessel has already passed inspection, which may lead to quicker and more respectful interactions. These changes shift the power balance slightly back in favor of boaters, without compromising the safety and integrity of Florida’s waterways.

How This Law Impacts BUI Charges

Boating Under the Influence (BUI) is a serious offense in Florida, carrying penalties similar to DUI, including jail time, fines, and even loss of boating privileges. However, with this new law in place, the number of BUI arrests may decrease, not necessarily because fewer people are drinking and boating, but because officers now need valid legal reasons to initiate stops. Here’s why this matters:

Unlawful Stops Can Be Challenged

If law enforcement didn’t have probable cause to stop you, any evidence gathered—including field sobriety tests or breathalyzer results—could be deemed inadmissible in court.

Safety Checks Can’t Be Used as a Pretext

Officers can no longer pull you over just to check your fire extinguisher and then escalate to a BUI charge. That’s no longer a legal justification for initiating a stop.

New Legal Defenses Become Available

Our Florida criminal defense attorneys are already examining how the Boater Freedom Act can be utilized to challenge charges, suppress evidence, or even get cases dismissed entirely. Ultimately, if the stop itself is found to be illegal, your entire case could be compromised.

What Does “Probable Cause” Mean on the Water?

This new law hinges on a very important concept: probable cause. But what does that actually mean in a boating context? Probable cause refers to a reasonable belief, based on observable facts, that a law has been broken. For officers to stop your vessel now, they need to:
  • Witness reckless operation (e.g., speeding, wake zone violations)
  • Observe open containers or other signs of intoxication
  • See evidence of fishing without a license or violating catch limits
  • Respond to complaints or tips involving criminal behavior
Simply being on the water—or operating at night—isn’t sufficient. This requirement establishes a much-needed legal barrier that protects boaters from harassment or unnecessary escalation.

The Role of the “Florida Freedom Boater” Decal

The voluntary decal program is a smart move for responsible boaters. While it doesn’t grant immunity from stops, it signals to officers that your boat has already passed a safety inspection. Benefits of the decal include:
  • Reducing the likelihood of safety-based stops
  • Demonstrating proactive compliance with state rules
  • Potentially supporting your defense if cited or arrested
This decal can be obtained when you register or renew your vessel with your local county tax collector. It’s valid for 1–5 years, depending on the issuing authority. For more information on boating safety rules, visit the Florida Fish and Wildlife Conservation Commission.

What You Should Do If You’re Stopped

Even under the new law, being stopped by law enforcement can be stressful. Knowing your rights—and how to respond—can make a significant difference. Here are some simple tips:
  • Remain calm and respectful
  • Ask the officer why you’re being stopped
  • Don’t volunteer information beyond what’s required
  • Never consent to a search unless legally required
  • Contact an attorney as soon as possible if cited or arrested
Remember, you always have the right to legal representation. Exercise it.

Why Expert Legal Guidance Matters

Navigating boating laws in Florida is complex—even for seasoned boaters. However, for those facing criminal charges, it’s not just about rules; it’s about protecting your record, your finances, and your freedom. Here’s why working with a Florida criminal defense attorney is essential:

We Know the Law Inside and Out

Our lawyers stay up to date on all legislative changes and understand how they affect criminal cases.

We Spot Violations in Procedure

If law enforcement made a mistake, we’ll identify it and use it to strengthen your defense.

We Handle These Cases Regularly

BUI charges aren’t identical to DUI charges; they require different approaches. We know what strategies are effective.

We’re Local

We’ve built relationships within the Florida court system and understand how to present cases effectively to local judges and prosecutors. Without skilled legal assistance, even minor boating charges can escalate into long-term problems. We’re here to ensure that doesn’t happen.

What Our Attorneys Can Do for You

If you’re facing a BUI, reckless operation, or another boating-related charge in Florida, the legality of the stop may be your strongest defense. Our Florida criminal defense attorneys can:
  • Review the entire stop from start to finish
  • Challenge any unlawful searches or evidence
  • Utilize SB 1388 to raise new constitutional defenses
  • Negotiate to reduce or dismiss charges
  • Represent you in court if necessary
We understand that boating arrests often stem from simple misunderstandings or overreaching enforcement. We’re here to ensure your rights are upheld and your freedom protected. Learn more about our boating under the influence defense services.

Contact Us for a Free Consultation

If you’ve been arrested or cited on the water, don’t wait. Our Florida criminal defense attorneys have decades of experience handling BUI, boating violations, and complex criminal cases throughout Florida. We’ve defended hundreds of boaters and know how to use the Boater Freedom Act to your advantage. Whether you’re being investigated or already facing charges, we’re ready to help. With us, you get:
  • A free consultation to review your case
  • Personal attention and a tailored defense strategy
  • Clear communication every step of the way
  • A strong legal advocate who knows Florida law
Contact us today to schedule your free consultation. Let us help you protect your record, your rights, and your time on the water.

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Florida’s New Probation Law Explained https://www.stpetelawgroup.com/florida-new-probation-law-explained/ Wed, 30 Jul 2025 07:54:08 +0000 https://www.stpetelawgroup.com/?p=22263 Florida’s new probation law expands terms for drug misdemeanors. Learn how SB 878 affects your rights and legal options.

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Florida’s Senate Bill 878, which goes into effect on July 1, 2025, brings significant changes to how our state handles misdemeanor drug offenses. As criminal defense attorneys, we know firsthand how this new law will reshape probation terms and conditions for individuals facing drug-related charges.

The law creates a balanced approach between accountability and rehabilitation. It gives judges more flexibility to set personalized probation conditions that match each person’s specific situation and needs.

These updates reflect Florida’s shift toward a more treatment-focused approach for drug offenses. Our legal team at Battaglia, Ross, Dicus & McQuaid, P.A. stays current with these changes to provide the best possible defense for our clients.

Understanding Florida’s SB 878 and Its Impact on Misdemeanor Drug Offenses

Florida Senate Bill 878 marks a significant shift in how our state handles misdemeanor drug offenses. This new law transforms the traditional probation system into a more rehabilitation-focused approach.

Expanded Authority for Judges

Under SB 878, judges now have expanded authority to modify probation terms for drug-related misdemeanors. The law creates a structured framework that prioritizes treatment and recovery over punitive measures.

Key Changes Introduced by SB 878

Key changes introduced by SB 878 include:

  • Extended probation terms of up to one year for certain misdemeanors
  • Flexible scheduling for mandatory drug testing
  • Enhanced access to substance abuse treatment programs
  • Options for early probation termination based on compliance
  • Modified reporting requirements

Individualized Approach to Substance Dependencies

The law recognizes that different substance dependencies require varied approaches. A person charged with marijuana possession might face different probation conditions than someone dealing with prescription drug issues. This focus helps address the underlying causes of substance use more effectively than one-size-fits-all penalties.

Merit-Based System for Probation Reduction

SB 878 encourages courts to consider early termination for probationers who comply fully with conditions, such as steady employment and clean drug tests.

New Probation Guidelines

The new probation guidelines establish:

  • Clear behavioral expectations
  • Structured treatment milestones
  • Regular progress evaluations
  • Incentives for positive behavior
  • Support systems for sustained recovery

These changes reflect a deeper understanding of addiction and recovery. Through our experience defending drug cases, we’ve seen how appropriate support systems can make a crucial difference in rehabilitation outcomes.

Applicability of the Law’s Provisions

The law’s provisions apply to various misdemeanor drug charges, including:

  • Simple possession
  • Drug paraphernalia
  • Small quantity possession
  • Certain prescription medication violations

However, it’s important to note that not all drug-related offenses fall under the category of misdemeanors. For instance, if you’re facing a more serious situation, such as a drug trafficking charge in Florida, the legal landscape changes significantly.

The Role of Tailored Probation Conditions in Promoting Rehabilitation Under SB 878

Florida’s new probation law grants judges significant discretion in crafting individualized probation conditions. Each case receives unique consideration based on specific factors:

  • Prior criminal record
  • Type of substance involved
  • Personal circumstances
  • Treatment history
  • Risk of repeat offenses

A judge might require intensive outpatient treatment for someone struggling with prescription drug abuse, while mandating different interventions for marijuana-related charges. This personalized approach increases the chances of successful rehabilitation.

Flexible Treatment Options

SB 878 supports a range of rehabilitation programs:

  • Drug counseling sessions
  • Substance abuse education
  • Mental health treatment
  • Support group participation
  • Life skills training
  • Career development programs
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The law recognizes that recovery paths differ for each person. A probationer can switch between programs or adjust treatment intensity based on their progress and needs.

Progress-Based Modifications

Probation terms can be modified as individuals demonstrate positive changes. Courts may:

  • Reduce reporting requirements
  • Decrease drug testing frequency
  • Allow travel for work or family
  • Adjust curfew restrictions
  • Modify treatment intensity

This flexibility rewards compliance and encourages long-term behavioral change. Our experience shows that clients respond better to rehabilitation programs tailored to their specific situations.

The law also considers practical challenges like work schedules and family obligations when setting probation conditions. A parent working night shifts might receive different reporting requirements than someone with standard business hours.

These individualized approaches under SB 878 create a more effective path to recovery. Probationers who receive appropriate support and resources show higher success rates in completing their terms and avoiding future legal issues.

Probation Monitoring and Enforcement Under Florida’s New Law

SB 878 introduces strict monitoring protocols to ensure probationers stay on track with their rehabilitation goals. Random drug screenings serve as a cornerstone of this supervision strategy, with probation officers authorized to conduct tests without prior notice.

Drug Screening Requirements

The new law establishes clear guidelines for drug testing:

  • Mandatory screenings at unscheduled intervals
  • Tests must check for both illegal substances and unauthorized prescription medications
  • Results are reported directly to supervising officers and the court
  • Refusal to submit to testing counts as a violation

Violation Consequences

Breaking probation terms under SB 878 can trigger several penalties:

  • First Violation
  • Written warning
  • Increased reporting requirements
  • Additional drug testing frequency
  • Subsequent Violations
  • Mandatory court appearance
  • Extended probation period
  • Intensified treatment programs
  • Possible jail sanctions, depending on violation severity and prior record

Enhanced Supervision Measures

Probation officers now have expanded tools to monitor compliance:

  • Many probation officers use approved electronic check-ins where appropriate
  • Verification of employment or enrollment in education
  • Documentation of treatment program attendance
  • Home visits to confirm residence and living conditions

The law empowers courts to modify probation terms based on violation severity. A judge may impose additional conditions like:

  • Community service hours
  • Curfew restrictions
  • Electronic monitoring
  • Substance abuse evaluation
  • Mental health assessment

These enforcement measures aim to maintain accountability while providing opportunities for successful rehabilitation. Probation officers work closely with treatment providers to track progress and address compliance issues before they escalate into serious violations.

What to Expect from the Legal Process Under the New Florida Probation Law

Florida’s SB 878 brings significant changes to how misdemeanor drug cases move through the court system. The legal process now prioritizes treatment and rehabilitation instead of punishment.

Here’s what you can expect under the new law:

1. Initial Assessment

A comprehensive evaluation of your substance use history and treatment needs

2. Customized Probation Plan

Specific terms based on your assessment results and circumstances

3. Clear Milestones

Defined goals and benchmarks to track your progress

4. Treatment Options

Access to approved substance abuse programs and counseling services

The focus on rehabilitation can support more constructive case outcomes. Your probation terms will include specific guidelines for:

  • Drug testing schedules
  • Treatment program attendance
  • Check-in requirements
  • Employment or education goals

SB 878 creates opportunities for early probation termination. You can reduce your probation time by:

  • Maintaining perfect compliance with all conditions
  • Completing required treatment programs
  • Passing all drug screenings
  • Meeting financial obligations

The enhanced supervision measures include regular progress reviews with probation officers. These check-ins help identify potential issues early and adjust treatment plans as needed. Your probation officer will document your progress and compliance, which can support requests for early termination.

Why Expert Guidance from a Criminal Defense Attorney Matters in Misdemeanor Drug Cases Under SB 878

Navigating Florida’s new probation law requires deep legal expertise. A skilled criminal defense attorney brings essential knowledge to interpret SB 878’s complex provisions and protect your rights throughout the legal process.

Your attorney’s role extends far beyond basic legal representation:

  • Case Analysis: We examine every detail of your arrest, evidence collection, and charging decisions to identify potential defense strategies.
  • Constitutional Rights Protection: We ensure law enforcement respected your rights during searches, seizures, and questioning.
  • Evidence Evaluation: We scrutinize laboratory results, police reports, and witness statements for inconsistencies.

A Florida criminal defense attorney understands the local court system’s nuances and maintains strong working relationships with prosecutors. These connections prove invaluable when negotiating plea agreements tailored to your situation.

Your attorney can pursue several strategies to minimize the impact of drug charges:

  • Challenging evidence collection procedures
  • Questioning probable cause for searches
  • Exploring alternative sentencing options
  • Negotiating reduced charges
  • Securing treatment-based solutions

The right legal guidance helps you avoid common pitfalls in the probation process. We’ve seen many cases where individuals unknowingly violated probation terms due to misunderstanding requirements. An experienced attorney explains your obligations clearly and helps you stay compliant.

Your future opportunities depend heavily on how your case resolves. A drug conviction can affect:

  • Employment prospects
  • Housing applications
  • Educational opportunities
  • Professional licenses
  • Immigration status

Expert legal representation focuses on securing outcomes that protect your long-term interests. We work to minimize collateral consequences while helping you meet probation requirements successfully.

A knowledgeable defense lawyer also stays current with evolving interpretations of SB 878. As courts apply this new law, understanding emerging precedents becomes crucial for building effective defense strategies.

Contact Us for a Free Case Consultation Under Florida’s New Probation Law

Don’t let uncertainty about Florida’s new probation law affect your future. At Battaglia, Ross, Dicus & McQuaid, P.A., we’re ready to protect your rights and guide you through the legal process under SB 878.

Our track record speaks for itself:

  • Over 65 years of firm experience
  • Thousands of successful drug offense cases handled
  • Deep understanding of Florida’s evolving drug laws
  • Strong relationships with local courts and prosecutors

We believe everyone deserves a second chance. Our attorneys work tirelessly to help clients take advantage of the rehabilitation opportunities available under the new law.

Your case deserves personalized attention from experienced legal professionals. We’ll examine every detail of your situation and develop a strategy tailored to your specific needs.

Take the first step toward protecting your future. Contact Battaglia, Ross, Dicus & McQuaid, P.A. today for a free consultation. We’ll explain how Florida’s new probation law applies to your case and outline your best options moving forward.

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Florida Mirror Laws and Personal Injury: What Drivers Need to Know https://www.stpetelawgroup.com/florida-mirror-laws-and-personal-injury-what-drivers-need-to-know/ Tue, 22 Jul 2025 19:26:23 +0000 https://www.stpetelawgroup.com/?p=22249 Florida's mirror laws require vehicles to have at least one mirror with a 200-foot rear view to ensure road safety and avoid legal penalties.

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Florida’s mirror laws ensure road safety, requiring all vehicles to have at least one mirror with a clear 200-foot rear view (Florida Statutes Section 316.294). Most vehicles have three mirrors—one rearview and two side mirrors—to help drivers monitor traffic, change lanes safely, back up, park, reduce blind spots, and avoid collisions.

This guide covers Florida’s mirror requirements, safety impacts, and legal consequences of violations, including how they affect personal injury claims and safeguarding your rights after an

Understanding Florida Mirror Law Requirements

Florida law sets clear standards for vehicle mirrors to ensure driver visibility and promote road safety. Florida mirror laws state that every vehicle must be equipped with at least one mirror that provides the driver with a clear view of the highway behind for a minimum of 200 feet.

Basic Requirements

  • Rearview Mirror: A single interior rearview mirror is sufficient if it offers an unobstructed rear view.
  • Side Mirrors: Required when the interior mirror’s visibility is blocked, such as in vans, trucks, or vehicles with tinted or covered rear windows.
  • Condition: All mirrors must be securely mounted, free of cracks, and unobstructed by dirt, stickers, or objects.

Vehicle-Specific Considerations

  • Passenger Vehicles: Typically comply with only the interior mirror if rear visibility is clear.
  • Commercial or Modified Vehicles: If the rear view is obstructed, both driver’s side and passenger-side exterior mirrors are legally required to maintain proper visibility.
  • Aftermarket Modifications: Accessories that interfere with mirror function can result in non-compliance.

Placement and Visibility

Though the law does not mandate precise mirror placement, common standards include:

  • The interior mirror mounted centrally at the top of the windshield.
  • The driver’s side mirror on the left exterior.
  • The passenger-side mirror on the right exterior (especially required when rear visibility is blocked).

Properly placed and maintained mirrors allow drivers to monitor adjacent lanes, detect vehicles approaching from behind, and reduce blind spots during maneuvers like lane changes, merging, and reversing.

The Role of Mirrors in Driver Safety and Accident Prevention

Vehicle mirrors are essential safety tools that help drivers maintain awareness of their surroundings and prevent accidents. When properly adjusted and maintained, mirrors significantly reduce blind spots and improve decision-making while driving.

How Mirrors Enhance Driver Awareness

Correctly positioned mirrors offer a broad field of view around the vehicle, helping drivers:

  • Monitor Blind Spots: Side mirrors help detect vehicles in adjacent lanes, especially when changing lanes or merging.
  • Make Safe Lane Changes: Proper mirror use reduces the risk of side-swipe accidents by providing better visibility of surrounding traffic.
  • Park and Reverse Accurately: Mirrors assist with parallel parking, backing into spaces, and avoiding obstacles.
  • Navigate Heavy Traffic: Rearview mirrors help drivers assess following distance and respond to tailgaters or emergency vehicles.

According to the National Highway Traffic Safety Administration (NHTSA), blind spot-related crashes account for over 840,000 accidents in the U.S. each year. Many of these could be avoided with properly adjusted and maintained mirrors.

Accident Prevention Through Mirror Use

Routine mirror use plays a critical role in accident prevention:

  • Backing Up Safely: Proper mirror alignment reduces the risk of collisions with pedestrians, poles, or other vehicles when reversing.
  • Driving in Poor Weather: Mirrors improve visibility during rain or fog when peripheral views are limited.
  • Highway Merging and Exit Awareness: Mirrors help ensure that traffic conditions are safe before entering or exiting roadways.

Why Mirror Maintenance Matters

A cracked, dirty, or misaligned mirror compromises visibility and creates dangerous driving conditions. Regular cleaning, inspection, and prompt repairs are essential to keep mirrors fully functional and legally compliant under Florida law.

Neglecting mirror maintenance not only increases crash risk but can also result in legal penalties and affect liability in the event of an accident.

Legal Consequences of Violating Florida Mirror Laws

Driving without properly functioning mirrors in Florida is more than just an equipment issue—it’s a safety violation with real legal consequences. Florida mirror law requires that all vehicles must be equipped with at least one mirror that provides a clear view of the road behind for at least 200 feet. Failing to meet this requirement can result in citations, increased liability in accidents, and even reduced insurance coverage.

Traffic Citations and Fines

Drivers may receive citations for:

  • Missing or broken mirrors
  • Obstructed visibility due to dirt, tint, or damage
  • Non-compliant or modified mirrors
  • Failure to maintain proper mirror positioning

A typical citation for a mirror violation can result in a fine between $100 and $150, plus court fees. These citations may also add points to your driving record, which can lead to higher insurance premiums.

Increased Liability in Accidents

If you’re involved in a crash and your vehicle was missing required mirrors or had defective ones, that violation can be used as evidence of negligence. This could increase your legal liability in a personal injury claim—particularly if visibility played a role in the accident.

Examples of how mirror issues contribute to liability include:

  • Improper lane changes due to undetected vehicles in blind spots
  • Backing accidents without adequate rear visibility
  • Side-swipe collisions while merging
  • Failure to yield when mirrors were blocked or misaligned

In these situations, courts may determine that the lack of proper mirrors directly contributed to the accident and the resulting injuries, strengthening the case against the non-compliant driver.

Insurance Implications

Insurance companies take mirror compliance seriously. If a violation is noted on a crash report, insurers may:

  • Deny or reduce claim payouts
  • Hold you personally liable for damages
  • Increase future premium rates
  • Use the violation to limit your compensation in a legal dispute

Enforcement by Law Enforcement

Florida law enforcement officers can issue on-the-spot citations for mirror violations. In some cases, they may prohibit you from continuing to operate the vehicle until the issue is corrected. Non-compliant drivers are often given a deadline to repair or replace the mirrors and provide proof of compliance to avoid additional penalties.

Common Issues Related to Mirror Compliance in Florida

Florida drivers face several recurring challenges when it comes to mirror compliance. A damaged or missing mirror can result in a traffic citation and create dangerous blind spots while driving.

Common Mirror Violations

Common mirror violations include:

  • Cracked or shattered mirror glass
  • Loose or dangling mirror assemblies
  • Missing side mirrors
  • Heavily tinted windows blocking interior mirror visibility
  • Improperly adjusted mirrors
  • Mirrors obscured by dirt, debris, or decorative items

Exceptions for Certain Vehicles

The law provides limited exceptions for certain vehicles. Jeeps with removable doors can operate without side mirrors if the rear-view mirror maintains clear visibility for at least 200 feet behind the vehicle. This exception comes with significant risk; reduced visibility makes lane changes and backing up more dangerous.

Causes of Mirror Violations

Mirror violations often stem from:

  • Collision damage left unrepaired
  • Vandalism or theft
  • Weather-related deterioration
  • Poor maintenance
  • Aftermarket modifications affecting mirror function

Cost of Broken Mirror Ticket

A broken mirror ticket in Florida typically costs between $100-$150. The real cost lies in potential accidents caused by compromised visibility. Drivers should inspect their mirrors regularly and address any issues immediately to maintain safety and legal compliance.

How Mirror Law Violations Can Impact Personal Injury Claims After Car Accidents

Mirror law violations can significantly strengthen a personal injury claim after a car accident. When a driver fails to maintain proper mirrors as required by Florida law, this violation serves as powerful evidence of negligence in legal proceedings.

The Importance of Proper Mirrors

A missing or damaged mirror directly impacts a driver’s ability to:

  • Monitor surrounding traffic effectively
  • Execute safe lane changes
  • Back up safely
  • Maintain proper awareness of other vehicles

Our legal team has seen many cases where mirror violations played a crucial role in accident causation. We’ve successfully used evidence of non-compliant mirrors to establish liability and secure compensation for injured clients.

Building a Strong Case with Documentation

Proper documentation is essential for building a strong case. Key evidence includes:

  • Photos of the vehicles showing mirror damage or absence
  • Police accident reports noting mirror violations
  • Witness statements about unsafe driving related to visibility issues
  • Medical records linking injuries to the accident
  • Traffic camera footage when available

The compensation amount often increases when we can prove the at-fault driver knowingly operated their vehicle with inadequate mirrors. This demonstrates a clear disregard for safety regulations and strengthens the negligence claim.

Why Expert Guidance from an Attorney Matters After a Mirror Law-Related Accident

Mirror law violations create complex legal scenarios that demand specialized knowledge. It’s crucial to understand when you should contact a personal injury attorney after a car accident. A Florida car accident lawyer can identify critical evidence linking mirror violations to accident causation—a task that proves challenging for those without legal expertise.

These cases often require:

  • Detailed analysis of vehicle inspection reports
  • Expert testimony on visibility requirements
  • Documentation of mirror conditions pre-accident
  • Understanding of applicable state and federal regulations

Our attorneys know how to establish the direct connection between faulty mirrors and resulting injuries. We’ve handled numerous cases where mirror violations contributed to accidents, giving us unique insights into effective legal strategies.

The legal process involves intricate steps:

  • Gathering photographic evidence of mirror conditions
  • Interviewing witnesses about visibility factors
  • Reviewing police reports for violation documentation
  • Calculating damages related to mirror law negligence

A skilled attorney can navigate insurance company tactics that attempt to minimize mirror law violations. We understand how to present compelling evidence that demonstrates how non-compliant mirrors directly impact accident outcomes.

Contact Us for a Free Consultation on Your Personal Injury Case Involving Mirror Violations

Don’t let mirror law violations impact your right to fair compensation. Our dedicated team at Battaglia, Ross, Dicus & McQuaid, P.A. stands ready to evaluate your case.

We’ve built a strong reputation by securing favorable outcomes for clients injured in mirror-related accidents. Our attorneys bring deep knowledge of Florida’s vehicle safety laws to every case we handle.

Your rights matter to us. We’ll fight aggressively to protect your interests while providing personalized attention throughout your case. Contact us today to schedule a complimentary, no-obligation consultation.

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How Quickly Can I Expunge a Case in Florida? https://www.stpetelawgroup.com/how-quickly-can-i-expunge-a-case-in-florida/ Fri, 27 Jun 2025 19:04:51 +0000 https://www.stpetelawgroup.com/?p=21840 A criminal record can hurt your future. Expungement in Florida offers a fresh start by legally removing it from public view.

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A criminal record can have a significant negative impact on your life. However, expungement in Florida provides an opportunity for a fresh start by legally removing your criminal record from public view.

The expungement process allows eligible individuals to eliminate arrests and criminal charges from their records. With the right legal guidance, you can effectively navigate this complicated process.

Our Florida criminal defense attorneys understand how important it is to have a clean record for:

  • Employment opportunities
  • Housing applications
  • Educational prospects
  • Professional licensing
  • Peace of mind

The time it takes to get an expungement can vary depending on several factors, such as how complicated the case is and the schedule of the court. Generally, when an experienced Florida criminal defense attorney handles the case, it takes about 6-9 months from beginning to end.

In this article, we will discuss the specific steps and requirements involved in expunging your criminal record in Florida.

Understanding the Expungement Process in Florida

The expungement process in Florida follows specific legal guidelines under Florida Statutes. Our criminal defense team has guided countless clients through these steps:

Required Steps for Expungement

  • Submit fingerprints through an approved law enforcement agency
  • Obtain certified court documents related to your case
  • Complete application forms from the Florida Department of Law Enforcement
  • Secure notarized statements from the State Attorney’s Office
  • Pay mandatory processing fees
  • File court petitions in the appropriate jurisdiction

Eligibility Requirements

Florida Statutes 943.0585 and 943.059 set strict criteria for expungement eligibility:

  • No prior expungements or sealings in Florida
  • No adjudication of guilt in the case you want expunged
  • No current criminal charges pending
  • No felony convictions on your record
  • Case must have been dismissed, dropped, or resulted in acquittal

Ineligible Offenses

Certain charges can’t be expunged under Florida law:

  • Sexual offenses
  • Child abuse
  • Domestic violence
  • DUI charges
  • Stalking
  • Voyeurism
  • Most violent felonies

Any of these charges on your record will disqualify you from expungement. Many clients face disappointment attempting this process alone, unaware of these restrictions.

A thorough review of your criminal history determines eligibility. Our Florida criminal defense attorneys examine records to identify roadblocks before starting the expungement process.

The complexity makes professional legal guidance essential. We’ve helped clients find alternative options, including record sealing or administrative expungement in specific cases.

How Long After a Crime Can You Expunge Your Record in Florida?

In Florida, how long you have to wait to expunge a criminal record depends on how your case ended:

  • If charges were dropped or you were acquitted: You may apply for expungement immediately—no waiting period applies if the case was dismissed, not prosecuted, or you were found not guilty.
  • If adjudication was withheld (guilty/no‑contest plea): You must first petition to seal the record. Only after the record has remained sealed for at least 10 years, with no subsequent criminal activity, are you eligible to apply for expungement .
  • If you were convicted: In almost all cases, convictions cannot be expunged in Florida . Sealing may still be possible under limited programs, but expungement is off the table.

Keep in mind, you can only expunge one criminal record in your lifetime in most cases.

Applying for Certificate of Eligibility

The Florida Department of Law Enforcement (FDLE) plays a central role in the expungement process. This state agency maintains criminal history records and reviews all expungement applications.

A Certificate of Eligibility serves as your gateway to expungement. Here’s what you need to submit to FDLE:

  • A certified copy of the final disposition of your case
  • A set of fingerprints taken by law enforcement
  • A completed application form
  • Processing fee of $75
  • Certified statement from the State Attorney’s office

Our Florida criminal defense attorneys streamline this process by:

  • Pre-screening your documents for accuracy
  • Ensuring proper completion of all forms
  • Coordinating with law enforcement for fingerprinting
  • Following up with FDLE on application status

The FDLE typically takes 12 weeks or more to process applications. During this time, we maintain communication with FDLE staff to address any questions about your application.

After receiving your Certificate of Eligibility, we prepare and file a petition with the court, detailing why your case qualifies for expungement and including:

  • Certificate of Eligibility
  • Supporting documentation
  • Sworn affidavit
  • Proposed order for the judge

An experienced Florida criminal defense attorney is invaluable at this stage. Many self-filed petitions are rejected due to technical errors or missing information. Our team ensures your petition meets court requirements and presents your case effectively.

Once filed, the court clerk assigns your petition to a judge for review. Your Florida criminal defense attorney then coordinates with the court to schedule a hearing if needed.

Court Approval & What Happens After: Sealing vs. Expunging in Florida

Getting court approval is a pivotal step. A judge must review your petition and sign a court order before any sealing or expungement takes effect. Your attorney’s role is key—well-crafted petitions and thorough case presentation increase the odds of success.

Sealed Records

  • Remain in existence but are removed from public access
  • Visible only to specific agencies, including law enforcement and courts
  • Not accessible to private employers or the public
  • You typically may deny the arrest in most everyday contexts

Expunged Records

  • Considered physically destroyed or obliterated, except for confidential retention by FDLE
  • Removed from public access almost entirely
  • Even most government agencies cannot access the full record without a court order
  • This is the strongest form of record relief available

What Happens After the Judge Signs the Order

  • Court clerk distributes certified copies of the order to the State Attorney’s Office, arresting agency, FDLE, and any other relevant entities
  • Agencies have up to 60 days to seal or expunge the record. Most comply much sooner—often within a few weeks
  • FDLE forwards orders to the FBI and updates its own systems

Within 48 hours to a few days, the court record is updated. Full implementation across all agencies may take weeks to two months, depending on the backlog .

The Real-Life Impact

  • Your record will disappear from background checks, court systems, and public record services
  • Removing public access can improve employment chances, housing eligibility, licensing, and educational applications
  • With the strongest form of relief (expungement), you can usually deny the arrest happened

Timeline and Duration of Expungement Process in Florida

In Florida, the expungement process typically takes six to nine months, depending on the complexity of the case and court scheduling.

Step 1: Certificate of Eligibility
You must first apply to the Florida Department of Law Enforcement (FDLE) with fingerprints, court documents, and a statement from the State Attorney’s Office. FDLE processing usually takes about three months, though delays may extend it to four to six months.

Step 2: Court Petition
After receiving your certificate, your attorney files a petition with the court. Judicial review generally takes 30 to 90 days. Some cases are approved without a hearing; others may require one.

Step 3: Record Clearance
Once the judge signs the order, state agencies have up to 60 days to seal or expunge the record. Most comply sooner.

Factors That Can Delay the Process
Court backlogs, incomplete paperwork, or multiple charges can increase processing time.

How to Stay on Track
Submit accurate, complete documents and track all deadlines. An experienced expungement attorney can help you avoid common mistakes and keep your case moving forward.

Juvenile Records and Special Circumstances in Expungement Cases

Florida law provides several options to expunge juvenile records, helping young people move forward without a lasting criminal history.

Most juvenile records are automatically expunged at age 21. For those committed to a facility or classified as serious or habitual offenders, expungement occurs at age 26. Automatic expungement only applies if there are no adult convictions and no adjudication for a forcible felony.

Florida also allows early expungement between ages 18 and 21 if the individual has remained crime-free for five years and the offense was committed before age 18. Early expungement requires approval from the State Attorney’s Office.

Another option is diversion program expungement. Juveniles who complete an eligible pre- or post-arrest diversion program may apply to expunge the related arrest record. The application must be submitted within six months of program completion and must include certification from the State Attorney.

To qualify for expungement, individuals must submit certified court records, fingerprint cards, and supporting documentation. Expungement is not available for serious violent offenses, transfers to adult court, or if new charges occurred within the past five years.

A Florida criminal defense attorney can help determine eligibility and ensure all legal requirements are properly met.

Why Expert Guidance from a Florida Criminal Defense Attorney Matters During the Expungement Process

The expungement process requires careful attention to detail and a strong understanding of the law. Even a small mistake on your application can result in delays or denial of your request to have your criminal record sealed.

Our Florida criminal defense attorneys have the knowledge and experience needed to handle your case effectively:

  • Document Preparation: We make sure all forms are completed accurately and submitted with the necessary supporting documents
  • Legal Analysis: We examine your case to identify potential issues before they become problems
  • Timeline Management: We keep track of deadlines and follow up with relevant agencies
  • Strategic Guidance: We provide advice on the best approach based on your specific situation

Many clients who try to go through the expungement process without legal assistance encounter unnecessary obstacles. Some common mistakes include:

  • Missing important documents
  • Submitting incorrect forms
  • Misunderstanding eligibility requirements
  • Failing to meet strict deadlines

A skilled Florida criminal defense attorney is there to protect your interests throughout the entire process. We have successfully helped many clients navigate Florida’s expungement system, making complex legal procedures easier to understand and manage.

Contact Us for a Free Consultation

Don’t let a criminal record hold you back from future opportunities. Our experienced legal team has helped countless Florida residents successfully navigate the expungement process.

We offer a free consultation to discuss your case and determine your eligibility for expungement. During this meeting, we’ll:

  • Review your criminal record
  • Assess your eligibility for expungement
  • Create a customized legal strategy
  • Explain the process in simple terms
  • Answer all your questions

Our track record speaks for itself. We’ve helped clients from all walks of life clear their records and move forward with confidence. Take the first step toward a clean slate. Contact us today to schedule your free consultation.

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Excellence Recognized: Attorneys Named 2025 Florida Super Lawyers https://www.stpetelawgroup.com/excellence-recognized-attorneys-named-2025-florida-super-lawyers/ Thu, 26 Jun 2025 20:12:51 +0000 https://www.stpetelawgroup.com/?p=21836 Battaglia, Ross, Dicus & McQuaid, P.A. is delighted to share that six of the firm’s attorneys have been named in the 2025 Florida Super Lawyers list.

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Battaglia, Ross, Dicus & McQuaid, P.A. is delighted to share that six of the firm’s attorneys have been named in the 2025 Florida Super Lawyers list. This prestigious designation recognizes attorneys who demonstrate exceptional legal skills, notable professional accomplishments, and an unwavering commitment to serving their clients.

Super Lawyers, a division of Thomson Reuters, uses a rigorous selection process combining independent research and peer evaluations to identify top attorneys across the state of Florida.

Fewer than 5% of Florida attorneys earn recognition from Super Lawyers each year. This year, the firm celebrates the inclusion of Sean McQuaid, Aubrey Dicus, Caitlin Szemotowicz, and Robert Kapusta on this prestigious list. Andrew Pardun and Lama Alqasemi were also recognized as Rising Stars, an honor reserved for just 2.5% of Florida attorneys under the age of 40 or with less than 10 years of practice.

We extend our heartfelt congratulations to these outstanding attorneys for their hard work, client advocacy, and meaningful contributions to the legal profession.

Introducing Our 2025 Florida Super Lawyers

Sean McQuaid

As President of Battaglia, Ross, Dicus & McQuaid, P.A., Sean McQuaid exemplifies leadership and legal excellence. A Florida Super Lawyer for more than a decade, Sean specializes in personal injury and criminal defense. In addition to this accolade, Sean holds an AV rating from Martindale-Hubbell and has earned recognition from Best Lawyers every year since 2014. He is also a member of the prestigious Million Dollar Advocates Forum and was named one of St. Pete’s Best Personal Injury Attorneys for 2025. Beyond the courtroom, Sean has contributed significantly to the community through leadership roles with the St. Petersburg Bar Association and the Make-A-Wish Foundation Executive Committee.

Caitlin Szematowicz

Celebrating her sixth consecutive year as a Florida Super Lawyer, Caitlin Szematowicz is known for her expertise in appeals, commercial litigation, general civil litigation, and labor and employment law. She is an active leader in the legal community, currently serving as Executive Director of the Barney Masterson American Inn of Court and previously as President of both the St. Petersburg Bar Foundation and the Pinellas County Trial Lawyers Association.

Aubrey Dicus
With nearly five decades of legal experience, Aubrey Dicus, former President and CEO of the firm, remains a distinguished Florida Super Lawyer. His broad expertise includes criminal defense, civil litigation, commercial litigation, and personal injury law. Recognized by Best Lawyers in America, Aubrey has also held key leadership positions with the Pinellas Association of Criminal Defense Lawyers and the Florida Association of Criminal Defense Lawyers. Further underscoring his lasting impact on the legal community, he was also a founding board member of the Florida Association of Criminal Defense Lawyers, a Master of the Bench in several Inns of Court, and the recipient of numerous professionalism awards.

Robert Kapusta, Jr.

Repeatedly honored as a Florida Super Lawyer, Robert Kapusta brings expertise in business and corporate law, mergers and acquisitions, and tax and estate planning. A Certified Public Accountant, Robert actively contributes to the community, serving as chair of the Executive Committee for the St. Petersburg Downtown Partnership. Outside of the courtroom, Robert volunteers to support various initiatives to promote local business growth, arts education, capital school improvements, and education programming in St. Petersburg. His blend of legal and financial expertise, as well as his commitment to the community, make him a leader both professionally and locally.

Andrew Pardun (Rising Star)
For the sixth year in a row, Andrew Pardun earns the Rising Star status for his work in real estate law, commercial litigation, and business law. He joined the firm in 2016 after receiving his Juris Doctorate Degree and MBA Degree from Stetson University College of Law. His involvement on the Executive Committee of the St. Petersburg Bar Association reflects his dedication to leadership, community service, and legal excellence.

Lama Alqasemi (Rising Star)
Honored as a Rising Star, Lama Alqasemi specializes in estate planning, tax planning, and probate and trust administration. Born and raised in Tampa Bay, she holds a Master of Laws in Taxation from the University of Florida and a Juris Doctor from George Mason University. Lama brings a rich legal background, including experience at the Department of Justice and Dentons in Prague. Since returning to the Tampa Bay area in 2022, she has actively engaged in community education and is passionate about delivering personalized legal counsel.

A Tradition of Legal Excellence in Tampa Bay

Since 1958, Battaglia, Ross, Dicus & McQuaid, P.A. has been a trusted name in the Tampa Bay area. Founded by the late Anthony Battaglia on the principles of service, integrity, and community involvement, it has long been recognized as one of Florida’s oldest and most respected law firms. This legacy continues today, with the firm’s attorneys delivering outstanding legal counsel across a broad spectrum of practice areas, including:

  • Commercial Litigation
  • Corporate & Business Law
  • Criminal Defense
  • Estate Planning & Probate
  • General Civil Litigation
  • Labor & Employment Law
  • Personal Injury
  • Property Damage & Insurance Disputes
  • Real Estate Law

Battaglia, Ross, Dicus & McQuaid, P.A. goes beyond just legal practice, carrying forward a tradition of public service and civic engagement established by its founder. Every one of the firm’s accomplished attorneys pursues excellence in the courtroom, while also actively giving back to the community they serve. This is what makes the firm a pillar of the community.

For trusted legal representation from Florida’s most accomplished attorneys, contact Battaglia, Ross, Dicus & McQuaid, P.A. today.

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Large Changes to Florida DUI Penalties https://www.stpetelawgroup.com/large-changes-to-florida-dui-penalties/ Fri, 13 Jun 2025 20:46:15 +0000 https://www.stpetelawgroup.com/?p=21609 Florida's DUI penalties have undergone a dramatic transformation with the passage of Trenton's Law (House Bill 687).

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Florida’s DUI penalties have undergone a dramatic transformation with the passage of Trenton’s Law (House Bill 687). This legislation, in effect beginning October 1, 2025, marks a significant shift in how Florida treats DUIs.

As Florida criminal defense attorneys with extensive DUI and BUI defense experience, we have firsthand knowledge of how these legislative changes will impact defendants. The stakes are now higher than ever for those facing DUI charges in Florida.

Understanding Trenton’s Law and Its Background

Trenton Stewart’s life ended tragically at age 18 when a repeat DUI offender struck his vehicle in Tampa, Florida. The driver had multiple previous DUI convictions, yet received a relatively lenient sentence under the existing laws at the time.

The Stewart family channeled their grief into action. They partnered with state legislators to draft HB 687, known as “Trenton’s Law,” aimed at strengthening penalties for repeat DUI offenders who cause fatal accidents.

What Trenton’s Law Means for Florida DUI Charges —

While Trenton’s Law directly targets repeat DUI and BUI manslaughter offenses by elevating them from second-degree to first-degree felonies, it also reflects a broader trend: Florida is adopting a tougher stance on all forms of impaired driving, including standard DUI cases that don’t involve injury or death.

If you’re facing a DUI charge—even without a serious accident—this law still matters. It shapes how prosecutors, judges, and law enforcement approach DUI cases, especially if you have prior convictions.

How It Affects First-Time DUI Offenders

If this is your first DUI, you may assume the new law doesn’t apply to you—but that’s not the case. Trenton’s Law introduces a major change for first-time offenders who refuse chemical testing.

First-Time Refusal Is Now a Crime

One of the most significant updates is that refusing to submit to a breath or urine test during your first DUI stop is now a criminal offense. It’s classified as a second-degree misdemeanor, which means:

  • Up to 60 days in jail
  • Fines of up to $500

Previously, refusing a test only led to administrative penalties like a license suspension. Now, it can land you in handcuffs.

Legal experts call this one of the most dramatic shifts in Florida DUI enforcement in years. A first refusal now carries criminal consequences, even without any evidence of impaired driving beyond the officer’s suspicion. This reinforces the need to take any DUI stop seriously and to speak with an attorney immediately.

Harsher Tone for First-Time Charges

Even if you comply with testing and are charged with a standard DUI, prosecutors may still show less leniency, reflecting the law’s broader crackdown. As a result, first-time offenders are more likely to face:

  • Stricter probation terms
  • More aggressive plea negotiations
  • Increased pressure to accept harsher penalties

The bottom line? A first offense is no longer treated lightly, and the long-term consequences of a conviction can escalate future penalties dramatically.

Repeat DUI Offenders Face Higher Risk — Even Without Manslaughter

For drivers with prior DUI convictions, the effects of Trenton’s Law are more direct. While the law technically applies to repeat DUI manslaughter cases, its presence is influencing how prosecutors treat repeat offenders across the board.

You might face:

  • Harsher sentencing recommendations
  • Stricter conditions for probation or house arrest
  • Longer license suspensions
  • Mandatory ignition interlock requirements
  • Less willingness to negotiate favorable plea deals

Even without a fatality, a second or third DUI now puts you at significantly greater risk due to the legal environment shaped by Trenton’s Law.

Why Trenton’s Law Raises the Stakes for All DUI Defendants

Trenton’s Law has raised the bar for accountability in impaired driving cases. Its impact goes beyond the statute itself, setting a tone in Florida courtrooms. Judges and prosecutors are now more likely to:

  • Re-examine a defendant’s history more aggressively
  • Push for stronger penalties to deter repeat behavior
  • Use the law to justify tighter sentencing in standard DUI cases

This legal shift means that prior offenses, even from years ago, may now carry heavier weight in sentencing.

The Bottom Line: You Need Strong Legal Representation

If you’ve been arrested for DUI in Florida, your next steps matter—especially if you have a prior on your record. The consequences under this stricter legal framework can escalate quickly.

A DUI defense attorney can:

  • Review your prior DUI history
  • Challenge the evidence and procedures used in your arrest
  • Negotiate strategically under the new, tougher conditions
  • Work to minimize the impact on your license, record, and livelihood

Why It’s Crucial to Act Now

Even if your current charge didn’t involve injury or death, Florida’s tougher DUI laws mean:

  • A first conviction makes future charges much more dangerous
  • A second or third DUI could now carry nearly felony-level consequences
  • Prosecutors may be more aggressive from the start

If you’re charged, don’t assume it’s a minor issue. In the post-Trenton’s Law environment, every DUI charge is treated more seriously.

Navigating a Defense Under Trenton’s Law: Challenges and Considerations

Defending DUI cases under Trenton’s Law requires a sophisticated legal approach. The elevated first-degree felony classification creates complex challenges that demand experienced legal representation.

Our defense team analyzes several key aspects of each case:

  • Field Sobriety Tests – We scrutinize proper administration and accuracy
  • Blood Alcohol Testing – We examine the chain of custody and testing procedures
  • Accident Scene Investigation – We review evidence collection methods
  • Witness Statements – We assess credibility and consistency

Procedural errors remain a critical defense strategy. Law enforcement must follow strict protocols during:

  • Traffic stops
  • Arrest procedures
  • Evidence handling
  • Miranda rights

Early legal intervention is crucial after an arrest. Quick action allows us to:

  • Preserve vital evidence
  • Interview witnesses while memories are fresh
  • Challenge license suspensions
  • Begin building a strategic defense

The stakes are higher under Trenton’s Law. A skilled Florida criminal defense attorney can identify constitutional violations, challenge evidence reliability, and protect your rights throughout the legal process.

Our experience with similar cases helps us anticipate prosecution strategies and develop compelling counter-arguments. We understand the technical and procedural complexities unique to DUI cases in Florida.

The Role of a Florida Criminal Defense Attorney in Light of New DUI Legislation

A Florida criminal defense attorney’s expertise becomes critical under Trenton’s Law’s heightened penalties. Our legal team breaks down complex legal terminology into clear, actionable information. We help clients grasp how these changes affect their specific situation and potential outcomes.

The new legislation demands that attorneys possess:

  • Deep understanding of updated DUI statutes
  • Experience handling felony-level cases
  • Knowledge of current sentencing guidelines
  • Skill in evidence evaluation and challenge
  • Proficiency in negotiation tactics

Each DUI case requires a unique defense approach. We analyze every detail – from arrest procedures to blood alcohol testing methods. This thorough examination helps identify potential weaknesses in the prosecution’s case.

Our attorneys develop personalized strategies considering:

  • Client’s prior record
  • Circumstances of arrest
  • Available evidence
  • Potential constitutional violations
  • Witness credibility

The stakes are higher than ever with Trenton’s Law. A skilled Florida criminal defense attorney anticipates prosecution tactics and prepares robust counter-strategies. This proactive approach maximizes opportunities for charge reduction or case dismissal.

In light of these circumstances, it’s crucial to understand how to minimize the consequences of a DUI charge. Following the advice of our Florida criminal defense attorneys can significantly help in reducing the impact of such legal issues.

Why Expert Guidance from a Florida Criminal Defense Attorney Matters Now More Than Ever

Self-representation in DUI cases under Trenton’s Law creates significant risks. The enhanced penalties and complex legal framework demand a deep understanding of Florida criminal defense strategies. Inexperienced lawyers might miss crucial defense opportunities or fail to challenge evidence effectively.

A knowledgeable Florida criminal defense attorney brings essential advantages to your case:

  • Strategic Case Analysis: We examine every detail of your arrest, from probable cause to testing procedures
  • Evidence Evaluation: Our team identifies potential flaws in breath tests, field sobriety tests, and police procedures
  • Negotiation Power: Years of experience dealing with prosecutors helps secure better plea deals
  • Technical Expertise: Understanding of scientific evidence and testing protocols strengthens your defense

The stakes are higher with HB 687’s implementation. A skilled attorney protects your rights by:

  • Challenging evidence collection methods
  • Identifying constitutional violations
  • Developing alternative sentencing options
  • Building strong defense strategies based on case specifics

Our deep knowledge of Florida DUI laws enables us to anticipate prosecution tactics and prepare robust counter-strategies. Each case receives personalized attention to achieve the best possible outcome under these stricter penalties.

Contact Our Firm for a Free Consultation

Don’t let Trenton’s Law’s stricter penalties put your future at risk. Our experienced Florida criminal defense team offers a free initial consultation to discuss your DUI case.

The post Large Changes to Florida DUI Penalties appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

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