Eric Reisinger

What You Need To Know: Eligibility For Concealed Weapons Permit in Florida

You may be wondering what you need to do in order to obtain your concealed weapons permit in Florida. We are here to answer a few of your questions.

concealed_weapons_permitWho is eligible to obtain their concealed weapons permit in Florida?

Anyone over the age of 21 who can demonstrate competency with a firearm.

What could possible prevent someone from obtaining their concealed weapons permit in Florida?

  • The physical inability to handle a firearm safely.
  • A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
  • Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
  • A conviction for a misdemeanor crime of violence in the last three years.
  • A conviction for violation of controlled substance laws or multiple arrests for such offenses.
  • A record of drug or alcohol abuse.
  • Two or more DUI convictions within the previous three years.
  • Being committed to a mental institution or adjudged incompetent or mentally defective.
  • Failing to provide proof of proficiency with a firearm.
  • Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
  • Renouncement of U.S. citizenship.
  • A dishonorable discharge from the armed forces.
  • Being a fugitive from justice.

(FDACS www.freshfromflorida.com)

What is the process to obtain a concealed weapons permit?

The Florida Department of Agriculture and Consumer Services administers the concealed weapon license program. Florida law requires you to submit proof of competency with a firearm in order to qualify for a concealed weapon license. Various certification courses will provide you with a certificate of completion.

What happens if I’m arrested for possession of a firearm and I have a valid concealed weapons permit?

As long as the weapon is properly stored or carried, it should not be a problem. If you have been charged with a gun offense, whether a simple violation of permit laws or the use of a weapon to commit another crime, you want an experienced lawyer to protect your constitutional rights, someone who understands how these crimes are prosecuted, as well as the serious consequences of a conviction. Call the team at the Law Offices of Eric Reisinger for a FREE consultation todaySarasota 941-554-4992 or Ft. Myers 239-349-2992.

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

What to do when you don’t pay your traffic ticket

speeding-ticketTraffic tickets are an inconvenience, expense and a headache. The state of Florida could charge you up to $500 depending on how fast you were driving. Floridians have 30 days to pay or contest a traffic ticket. But everyone is busy and life gets in the way. Before you know it, 30 days have gone by and you have not paid that annoying ticket. If you don’t pay your traffic ticket, your driver’s license could be suspended indefinitely and in addition to the ticket cost, you would owe a reinstatement fee for your license. So, what should you do if you’re late on paying your ticket?

Consult with an experienced attorney to determine your next steps. If your driver’s license has been suspended, clearing up that issue is not easy. Eric and Brian have had experience in navigating the confusing waters of the Department of Motor Vehicles and can provide you with the best legal advice for your situation.

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.

Can My Florida Criminal Record Be Expunged or Sealed?

docIf you have ever been arrested in Florida, even if the charges were ultimately dropped, it’s now a matter of public record. This can be a huge problem if you are applying for a new job, looking for a new apartment, filling out college admissions applications, or even trying to obtain or renew your trade license. Obviously, you need to solve this problem before one past mistake robs (sorry, robbery is not an eligible offense for sealing or expunction) you of your future opportunities. We can help.

The first step is to obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (“FDLE”). Generally speaking, for qualifying charges, as long as you were not adjudicated guilty in the past, and this is your first petition to seal or expunge a criminal record, you may be eligible. However, the Florida Legislature has listed approximately 22 charges that are disqualified from this process, even if adjudication was withheld.

We will prepare your Application for Eligibility and submit it to the FDLE, along with your fingerprints for processing. This process can take up to 90 days. After we obtain your Certificate of Eligibility from the FDLE, we will file a petition with the Court and fight for your record to be sealed or expunged.

Eric Reisinger Law Office

Facing criminal prosecution can be very over whelming. Knowing what your first step to take should be your priority. The law offices of Eric Reisinger can help you take that first step to protect your future.
gavel
Eric Reisinger is an accomplished attorney with a Bachelor of Science in Criminology from the University of South Florida and also graduated from the St. Thomas University of Law in Miami. Eric accepted a position as an Assistant State Attorney in Sarasota and Manatee Counties after being admitted to the Florida bar in 2005.

Brian J. Lail is also an accomplished attorney, earning his Juris Doctor from St. Thomas University School of Law and accepte a position as an Assistant Public Defender in Broward County, Florida where he successfully defended hundreds of clients. He was also admitted to the Bar of the District of Columbia and the US District Court for the District of Columbia.

The law offices of Eric Reisinger can help with everything from domestic violence charges, traffic crimes, murder charges, drug crimes, and many others. Reisinger works hard to remain up to date with the evolving legal landscape of Florida so you can rest assure that the best defense will be brought for you.