1042 Jenks Avenue, Panama City, FL 32401 850.257.5680 Call Us Today
The Morris Law Firm
Call Us Today 850.257.5680

FAQ with Panama City Defense Attorney Dana Morris

May 28, 2017 • ryan

Dana Morris, one of the most trusted and highly rated criminal defense lawyers in Panama City, Florida, answers some commonly asked legal questions:

 

1. As a criminal defense attorney, what is one common legal mistake that people make that you wish you could teach everyone?

     You do not have to give consent to a search of your vehicle by law enforcement.  Our 4th Amendment to the U.S. Constitution protects against unreasonable searches and seizures.  In the absence of strong evidence (probable cause), police need your permission to perform a search of you or your property.   You may believe that if you tell an officer that he/she can search your car, the officer really won’t take you up on the offer.   Perhaps it’s just a bluff by the officer to see if you will act as though you have something to hide.   Please be advised, they are not bluffing.  Most of the time when this question is asked, officers do not have probable cause to conduct a search.  If they had it, they would be busy searching your car, not spending their time asking you for your consent.

2. Practicing law in Bay County, what is your favorite resource to point people to for legal questions?

     There is absolutely no substitute for legal advice provided by a lawyer practicing in the area of law in question.  However, more and more these days, the clerk of courts websites in their respective counties here in Florida have created a substantial online presence that is helpful for frequently asked questions related to legal terms and procedure.  The Bay County Clerk of Courts website can be found here.
 

3. What is one legal myth that you’ve heard of and would like to dispel?

     Myth?  That law enforcement must read you your Miranda rights in order for the arrest to be valid.  It’s not true!  The two circumstances that must come together for a citizen’s Miranda rights to be triggered are for someone to be placed into custody and for that person to be asked questions about the suspected criminal activity. An officer can ask you questions to establish an individual’s identity without Miranda being triggered.  If you are placed in custody and an officer asks you nothing, Miranda is not triggered.  Likewise, if an officer asks a lot of questions about the criminal activity suspected but does not place you in custody, Miranda is not triggered.  So, what constitutes custody?  Custody is generally defined as occurring when a reasonable person would believe that they were not free to leave the officer’s presence.  Being asked to sit in a patrol car uncuffed, being cuffed, or answering questions from an officer whose tone and body language is aggressive in nature, can constitute “custody” for purposes of triggering Miranda.    

Everyone has rights!  We at the Morris Law Firm in Panama City, Florida, can help you defend yours.  We offer free consultations to discuss the details of your case.  We will guide you through the legal process every step of the way.  We are available 24 hours a day, so call now if you need us, (850) 257-5680.
Categories: Criminal Defense, DUI
Comments Off on FAQ with Panama City Defense Attorney Dana Morris

The Morris Law Firm has Moved!

March 8, 2017 • ryan

The Morris Law Firm has Moved!

We at the Morris Law Firm are proud to announce that we are expanding into a larger office at a great new location.  We are now located at the convenient location  of 400 W. 11th Street, Suite A, in downtown Panama City across from The News Herald.  We have greatly enjoyed our years in the Trustmark Bank building but we are looking forward to this exciting new phase in the growth of our firm.

ABOUT THE MORRIS LAW FIRM

Founded in 2014, The Morris Law Firm is a comprehensive criminal defense firm.  Based in Panama City, Florida, we serve much of the Northwest Florida area. Our firm aims to thoroughly understand the complexities of each of our client’s unique legal situations and work hard to defend their rights.  We are dedicated to working in our client’s best interests and are committed to maintaining open communication with our clients at all times.  We have found hard work and great communication pays off for our clients.  Results matter!  Our clients’ future matters!

Founder Dana Morris has been practicing law since 2000.  He has extensive experience as both a prosecutor and a defense attorney.  Give us a call to set up a free consultation or better yet, stop in to see our new office!  We’d love to see you.  (850) 257-5680.

Panama City Criminal Defense Lawyer Free Consultation

Free Consultation Law Firm Panama City, FL

Categories: General
Comments Off on The Morris Law Firm has Moved!

Panama City Beach Prepares for Spring Break

February 4, 2016 • ryan

Well, it’s official; Punxsutawney Phil did not see his shadow and Captain Anderson’s Restaurant opened tonight. What does this mean for Spring Break on Panama City Beach?  Winter is coming to an end and Spring Break is upon us.

Spring Break certainly brings a lot of fun to our 27 miles of sugar white sands located right here in the Florida Panhandle. Some fun things to do while on Spring Break on Panama City Beach should include:

  • Parasailing
  • Pontoon Boat Rental for a Dolphin Tour
  • Jet Ski Rental
  • Shopping at Pier Park
  • Putt-Putt Golf
  • Shipwreck Island Water Park
  • Shell Island
  • Spring Break Concert Series
  • St. Andrew’s State Park

Sadly, Spring Break on Panama City Beach can also bring legal troubles.  Some of the most common Spring Break arrests on Panama City Beach include:

  • Possession of Alcohol by a Minor; Underage Drinking
  • Possession of a Controlled Substance
  • Possession of Drug Paraphernalia
  • Public Intoxication
  • Traffic Tickets

Talk to a Panama City Beach Attorney Who’s Helped Students Just Like You

If you or your child gets pulled over, involved in a wreck or into a situation where the police are involved, our best initial advice is to stay calm, provide the basic information required, but make sure you contact a Panama City Beach attorney immediately to guide you through the legal process from arraignment to expungement, and every step along the way.  With over 15 years  of practicing law, we’ve helped a lot of Spring Break students avoid the serious consequences of a criminal record and get on with their lives.

If you are from out of town and are arrested and charged with these or other common Spring Break offenses, you may be able to “waive” your appearance at court in Panama City by having a Panama City Beach attorney appear on your behalf.  This means that you would not have to incur the expense and headache of traveling back and forth to Panama City Beach for many court appearances.  Contact an attorney at the Morris Law Firm right away, (850) 257-5680, to determine if you or your loved one may be eligible for this.

An attorney at the Morris Law Firm is available when you need us, 24 hours a day, so call (850) 257-5680 now.  

Panama-City-Beach-Attorney Spring-Break-LawyerDana Morris Panama City Criminal Defense Attorney

Comments Off on Panama City Beach Prepares for Spring Break

The Morris Law Firm Expands by Two Feet

January 30, 2016 • ryan

Panama-City-Spring-Break-Attorney

The Morris Law Firm had a very successful and busy year in 2017.   As we begin 2018, we are very pleased to announce the location of our law office at 400 W 11th Street, Suite A.

At the Morris Law Firm, we always strive to meet and exceed the goals of our clients while providing the best criminal defense representation possible. We have established great relationships with the clients that we have worked with thus far and their families.  As our firm continues to grow, we feel that our attorney, Dana Morris, and his legal assistant, Megan, will continue be an integral part of furthering our outstanding client relations.  Megan or Dana can be reached at (850) 257-5680 to assist you whether you’re an existing client or in need of some advice such as which criminal defense attorney to hire in Panama City.

If you get a chance, stop in to see our office, enjoy some coffee and to say ‘hello’ to Megan and Dana. We are located downtown between Jenks Middle School and Jenks Avenue at 400 W 11th Street, Suite A, Panama City, FL.

 

Categories: Criminal Defense, DUI, General
Comments Off on The Morris Law Firm Expands by Two Feet

Can You Get a DUI While on Prescription Medication?

July 21, 2015 • ryan

When most people hear the term “DUI,” they instinctively think of alcohol and drunk driving charges. In actuality, an individual can be charged with a DUI for operating a motor vehicle while under the influence of any type of drug, including prescription medication. Any time an individual is found to be operating a vehicle, or could reasonably do so while his or her faculties are inhibited by any type of substance, he or she is subject to a DUI charge.

Sleeping pills such as Lunesta and Ambien are often linked with a severe impairment of a user’s ability to drive. Other drugs that can affect your ability to safely operate a vehicle include Ritalin, Xanax, Adderall, and Valium. If you take prescription drugs, talk to your doctor about any possible side effects that may occur before you begin taking them. Do not drive until you know how your medication affects you. If you are charged with a drug DUI, you need an experienced DUI attorney like Dana Morris to determine a legal strategy for your case.

How Can Law Enforcement Determine a Drug DUI?

Because breath tests cannot determine the presence of drugs other than alcohol in an individual’s body, an individual suspected of a drug DUI must undergo another type of test to determine whether he or she was under the influence when arrested. These individuals are usually asked to complete a field sobriety test, which allows officers to analyze an individual’s faculties by asking him or her to complete simple tasks, such as walking in a straight line and turning or standing on one leg. If an individual is suspected to be under the influence of drugs, he or she may be required to complete a urine or blood test.

Drug DUIs can be difficult to prove. To charge an individual with this type of DUI, the prosecutor must be able to prove without any doubt that the individual was, in fact, under the influence of a drug when he or she was arrested. In Florida, there is no threshold for a legal amount of prescription or other drugs to have in one’s body when driving, unlike alcohol, which is .08%.

Penalties for a Drug DUI

Individuals found guilty of drug DUIs face fines of up to $1,000 and six months in jail for a first offense and fines of up to $2,000 and up to nine months in jail for a second offense. A third-time drug DUI is a third degree felony, which has stricter penalties than those for first and second-time offenses.

DUI Attorney in Panama City

If you are facing a DUI charge, whether it is for driving under the influence of alcohol or any other type of drug, contact a Panama City drug crime defense lawyer at the Morris Law Firm at (850) 257-5680 to discuss your legal options and work out the best solution for your case. Dana Morris is a skilled Panama City DUI lawyer with 15 years of experience as a practicing attorney. Let him handle your DUI case and give your case the solid defense it deserves. Call today for a free consultation.

Categories: General
Comments Off on Can You Get a DUI While on Prescription Medication?

Can You be Charged with a DUI when Trying to Sleep it Off in your Car?

July 14, 2015 • ryan

Can You be Charged with a DUI when Trying to Sleep it Off in your Car?

Yes. This type of DUI is known as an actual physical control DUI, which means that although you were not actually driving your vehicle while under the influence of alcohol or another drug, you were inside the vehicle with its keys and could reasonably have driven it.

A prosecutor must prove the following to convict an individual of any type of DUI:

  • He or she was driving or in actual physical control of the vehicle;
  • His or her blood alcohol content was .08% or higher or his or her faculties were impaired; and
  • He or she was under the influence of alcohol or another substance when operating or in actual physical control of the vehicle.

What is Actual Physical Control of a Vehicle?

Actual physical control refers to the possibility that an individual could operate his or her vehicle. Generally, an individual may be charged with an actual physical control DUI if any of the following conditions are met when he or she is arrested:

  • The vehicle is operable. That means that it is a complete vehicle that can be driven. A vehicle that is missing its tires, its engine, or any other key part is not considered to be an operable vehicle;
  • The driver is in the driver’s seat; and/or
  • The driver has possession of the vehicle’s key or otherwise can operate the vehicle. This includes if the key is in the ignition when the individual was arrested, if he or she has it on his or her person, or if the key is close enough that the individual could reasonably pick it up and use it to start the car.

Whether an individual had actual physical control of his or her vehicle can be difficult to prove. In some cases, a charge is tossed out because the court does not have sufficient evidence to prove that the individual could, in fact, have driven his or her car while intoxicated. Talk to your attorney about this and any other possible defenses for your case.

Myths About Actual Physical Control

You might have heard that you cannot be charged with a DUI in Panama City if you are sitting in the back seat of your parked car or if you leave the keys on the ground outside your vehicle. These are simply myths. You can, in fact, be charged with a DUI in either of these circumstances. Similarly, you might have heard that walking away from your car can keep you from being charged with a DUI. Again, this is false. If law enforcement can determine that you were under the influence when you drove your car to its location when you were arrested, you may be charged with a DUI.

Panama City DUI Attorney

For legal advice and representation for your Panama City DUI case, contact Dana Morris at the Morris Law firm on the web or at 850-257-5680. Dana Morris has 15 years of experience practicing law and 12 years handling criminal cases. Do not wait to begin working with the Morris Law Firm to develop a strong defense for your DUI case.

Categories: General
Comments Off on Can You be Charged with a DUI when Trying to Sleep it Off in your Car?

Breathalyzers: To Blow or Not to Blow?

June 17, 2015 • ryan

If you have been arrested for DUI in Panama City, you have most likely been subjected to a Breathalyzer and possibly other sobriety tests as well, such as walking along a straight line. These tests are designed to determine whether your blood alcohol concentration (BAC) is at or above .08%, which is the legal limit for drivers in the United States.

A DUI is a criminal offense. If you are found to have a BAC of .08% or higher while operating a motor vehicle, you can face penalties including fines of at least $500, jail time, community service, probation, vehicle impoundment, and the suspension of your driver’s license for up to one year. If your BAC was .15% or higher or you have received a DUI charge in the past, these penalties can be greater.

Breathalyzers are not only used in DUI arrests. If you were arrested while out drinking on the beach, you may be subject to a Breathalyzer test. Individuals in this situation may face charges of public intoxication, lewdness, loitering or disturbing the peace, or underage drinking and possession of alcoholic beverages.

What is a Breathalyzer?

A Breathalyzer is an electronic device that determines an individual’s BAC by taking a sample of his or her breath.  Breathalyzer results are admissible in Florida courts. However, they must be administered to the state’s set of laws for their use to be considered to be valid, admissible evidence. These laws required the following:

  • When a driver is pulled over on suspicion of DUI, the individual who administered the test must be able to reasonably ensure that the defendant did not take anything by mouth or regurgitate anything within the 20 minutes leading up to the test. This individual may be a police officer, breath test operator, agency inspector, or other designated test administrator. If the defendant can prove that the administrator was not close enough to him or her during the 20 minutes leading up to the test to determine that he or she had not ingested or regurgitated anything, the test results may be found inadmissible.
  • The driver must be given two Breathalyzer tests within 15 minutes of each other. If the test results have a difference of more than .02%, the driver must be given a third test. If this again is not within .02% of one of the other readings, the test results may be found inadmissible. This does not mean they necessarily will be tossed out – only that this is an option. If your received three Breathalyzer tests, talk about this possibility with your attorney.

Basically, the Breathalyzer test must comply with Florida’s laws regarding such tests and be properly calibrated for your results to be admissible in court.

Should I Blow?

This question puts the law at odds with the interests of the driver.  Refusing to take a Breathalyzer test is a violation of Florida law and can result in a one-year driver’s license suspension for your first offense and an 18-month suspension for any subsequent refusals. Florida, like other states, has what is known as an “implied consent” law. This means that when you receive your driver’s license, you agree to take any chemical BAC tests you are asked to take by law enforcement. Refusing to take a Breathalyzer will not stop the State from prosecuting you. Prosecutors take “refusal” cases before juries everyday in this state. However, taking the test, when you know you are likely over the limit, is tantamount to incriminating yourself for the crime. It’s one more weapon the State can use against a driver to prove the DUI. By refusing to submit to a breath test, the State must rely on other evidence to prove their case.

In the end, the best practice is to not drink and drive. If you choose to drink and drive, you are putting yourself at risk. Your only option is to choose which pot you want to jump into, a suspended license or hard evidence of your guilt.

DUI Attorney in Panama City

If you have been arrested for a DUI in Panama City, you need to begin working with an experienced DUI attorney as soon as possible to determine the best way to defend your case in court. The Morris Law Firm is here to help you through this difficult situation. Contact our firm at 850-257-5680 to schedule your legal consultation with us and discuss your legal options.

 

Categories: General
Comments Off on Breathalyzers: To Blow or Not to Blow?

I Violated my Probation Terms; What Should I Do Now?

May 28, 2015 • ryan

If you have been convicted of a crime, you may have been sentenced to probation. During a probation sentence, you are permitted to continue with your normal lifestyle, but under heavy restrictions and supervision from the court and your assigned probation officer. This is an alternative to spending time in jail, where you would have much fewer freedoms and be without the ability to be with your family and continue your career.

The restrictions placed upon you during your probation are known as your probation terms. Violating these terms is a criminal offense and could subject you to further penalties. If you are currently on probation or facing charges that could result in being sentenced to probation, it is important that you understand the Florida criminal process and how you could face additional charges for violating your probation (VOP).

Contact an experienced criminal defense lawyer the moment you are accused of a crime to begin working on your case’s  best defense. He or she will be able to provide you with quality legal advice through every step of your case’s progression and guide you through all of your legal options.

I Violated One or More of the Terms of My Probation but Did Not Commit a New Crime

As an individual on probation, it is your responsibility to follow all of the terms of your probation. This includes keeping a record of all your scheduled meetings with your probation officer and the court.

When you violate the terms of your probation without having committed a new crime, the violation may be considered to be a technical violation. This refers to any violations that are not criminal in nature but were conditions placed upon you at the disposition of your case. Some examples of technical probation violations include the following:

  • Failure to complete court-ordered classes.
  • Missing or appearing late to a court or probation officer meeting.
  • Failure to pay court costs or fines.
  • Changing your address without notifying the court.

If you are found guilty of this type of VOP (probation violation), you may face the penalties you faced for your original crime. The court may not impose new penalties or penalties in excess of those in place for your initial offense.

I Violated My Probation by Committing a New Crime

Committing a new crime while on probation is known as a substantive violation of the probation. This type of violation includes all new criminal offenses. If you are found guilty of substantive violation of your probation, you may face new criminal charges for the second crime. Depending on your previous punishment and criminal history, the court may extend your probation, sentence you to fines or jail time, or impose other penalties that are permitted by law.

Probation Violation VOP Attorney in Panama City

No matter the circumstances of your probation violation, you need legal advice from an attorney who understands the laws surrounding probation violation and the consequences you may face if you are found guilty. Contact a probation violation attorney in Panama City to discuss your legal options and work out the best solution for you and your case. The attorneys at The Morris Law Firm are available to speak with you any time of day, any day of the week at 850-257-5680, so call now if you need an attorney now.

Categories: General
Comments Off on I Violated my Probation Terms; What Should I Do Now?