Eric Reisinger Law

What you need to know about getting your record expunged

expungementfeaturedinmageWhy would you want your record expunged?
Expunging your record is wise so the public can never see that you were arrested. This is helpful when you apply for jobs, volunteer positions or even public service positions.

When can you get your record expunged?
You can get your record expunged once the charges are officially declined, dismissed or after you had your record sealed for 10 years.

What crimes can be expunged from your record?
You can expunge an arrest one time in your life and as long as it is not a for a sex crime and/or drug trafficking. Most other crimes are eligible to be expunged.

Is getting your record expunged a tough process?
No, it’s fairly simple. Working with an experienced criminal law attorney will make this process as easy and painless as possible.

How long does it take to get your record expunged?
On average it takes three to six to go through the full process. You must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement which takes some time to process.

Are you interested in learning more about getting your records expunged? Contact our team at The Law Offices of Eric Reisinger today for a free consultation. Sarasota 941-554-4992 or Ft. Myers 239-349-2992

The Basics of a Restraining Order

restraining_order_It’s never an easy decision when you need a restraining order, but once that decision is made there are a few basic pieces of information you should keep in mind.

1. Multiple Types of Restraining Orders

In the state of Florida there are four types of restraining orders:

  • Domestic Violence
  • Dating Violence
  • Sexual Violence
  • Repeat Violence

The type of restraining order depends on the petitioner and respondent.

2. Move Quickly

Traditionally the petitioner was involved in a violent situation and needs to act quickly. The longer you wait, the more risk is involved.

3. File the Petition for Protection in Circuit Court
The next step once you have selected the type of restraining order is to prepare and file the petition in court. Be prepared to include personal information including the allegation paragraph. You must describe in detail the allegations against the respondent, the relationship an approximate date of incidents.

If you or your loved one are being harassed, abused, threatened, stalked, you might be able to get a restraining order. The attorneys at the Law Office of Eric Reisinger can help. Contact us for a free consultation today. Sarasota 941-554-4992 or Ft. Myers 239-349-2992.

Enhanced Penalties For Committing A Crime With A Firearm

Committing a crime in the state of Florida can lead to some tough consequences. The penalty for burglary or robbery carries a minimum mandatory 10 years in prison. Even third degree felonies that normally would only carry a maximum penalty of 5 years in prison, now is enhanced to a second degree felony which carries a maximum penalty of 15 years in prison.

So why are consequences more severe if a gun is involved?

stock-footage-true-crime-or-film-noir-style-shot-of-money-and-a-gun-on-a-table-next-to-bottles-of-alcohol

The answer is simple. Crimes that may not have called for serious penalties now call for them if a firearm is involved. The state of Florida follows the 775.087 statute andhas a mandatory minimum sentencing law commonly referred to 10-20-Life. For awhile there was even a public service announcement campaign accompanying the law using the slogan, “Use a gun, and you’re done.”

10-20-Life comes from three mandatory sentences:

  1. Producing a firearm during the commission of certain felonies mandates at least a 10-year prison sentence.
  2. Firing a firearm mandates at least a 20-year prison sentence
  3. Shooting someone mandates a minimum sentence of 25 years to life regardless of whether a victim is killed or simply injured

The Law Firm of Eric Reisinger has significant experience in the detailed nuances of this law. Eric Reisinger was a former prosecutor allowing him to use his experience to his clients’ advantage. We quickly evaluate the state’s case and determine the appropriate course of action.