Legal Question in Criminal Law in Florida

1st question, in reference to a restraining order, what is a ''return of service'' on the person being petitioned. (i.e. ''return of service on John Doe'').

2nd question, in the state of FL, if an individual has been arrested twice for driving with a suspended license and has a registration that has been expired for more than 6 months, what is the penalty for this 1st degree misdemeanor if found guilty? And how can a defendant plead 'not guilty' when it's his or her 2nd conviction. After being arrested the first time, shouldn't they know their license was already suspended when arrested the 2nd time? How can they possibly have a defense in this situation?

Asked on 12/09/10, 4:45 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.
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Return of service means that the person has been served the petition.

For your 2nd question, the reason you can enter a not guilty plea is because of the Constitution. We are all presumed innocent unless found guilty by a jury or until the moment a person pleads guilty. There are several defenses: for example, not actually driving, not actually suspended, no notice was given. These are things that the STATE must prove beyond a reasonable doubt as to the person's guilt; the person does not have to prove their innocence.

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12/14/10, 5:01 pm

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