Law Office of James Craner, P.A.
Complete, Thorough, Competent Representation You Can Trust. Absolute Confidentiality. Available 24 Hours.

States/ Courts Admitted:
Ohio-1989
Florida-1989

Law School
University of Akron School of Law

Undergrad:
Kent State University

Memberships:
Florida Association of Criminal Offenses Attorneys
Central Florida Association of Criminal Defenses Attorneys
N.R.A.
Downtown Orlando Rotary

Additional Services:

Orlando Lawyer James Craner provides representation in all criminal matters and civil matters including but not limited to forfeiture of property following arrests, D.H.S.M.V. and B.A.R. Civil Hearings following DUI arrests, representation before administrative bodies, as well as all other civil areas.

Case Examples:

Mr. Craner represents people charged with all types of criminal matters, including but not limited to assault, battery, DUI/DWI, possession of controlled substance including marijuana, worthless checks, petit theft, traffic offenses including fleeing or eluding a law enforcement officer, reckless driving, and leaving the scene of an accident. Additionally, he represents people accused of felonies, including but not limited to felony DUI/ felony DWI, felony driving on a suspended license (DWLS), grand theft, petit theft charged as a felony, battery/domestic battery charged as a felony, aggravated battery, offenses involving firearms, controlled substances offenses including possession of cocaine, possession of crack cocaine, possession of heroin, possession of methamphetamines (speed), possession of club drugs clubs, including GHB. Fraud offenses like obtaining property by worthless check, burglary, theft of property, theft of services, theft of utilities and offenses of violence including aggravated battery, aggravated assault, battery on a law enforcement officer, aggravated battery on a law enforcement officer, assault on a law enforcement officer, aggravated assault on a law enforcement officer, attempted murder and murder.Additionally, Mr. Craner represents people charged with civil infractions, like traffic tickets.

Representation For DUI and Other Charges:

Mr. Craner and his law firm represent people accused of all types of crimes, including those listed in the above paragraph. He has represented people accused of criminal offenses throughout the state of Florida since 1989 (nineteen years) in matters ranging from minor misdemeanors to major felonies. While actively practicing in all areas of criminal law, a portion of Mr. Craner`s practice is related to the offense of driving under the influence of an alcoholic beverage (DUI). DUI`S are very complicated cases since they are crimes based upon opinion. For example, it is the opinion of the law enforcement officer that the defendant was too impaired to drive. As such, DUI cases are very difficult to prosecute. It is important that a person arrested and charged with DUI hire a competent and experienced criminal defense attorney. Typically, the DUI starts out with the law enforcement officer following a car and noting that the driver fails to maintain a single lane or commits some other traffic law violation. Obviously, some traffic law violations are moving while others are non-moving. Thereafter, the law enforcement officer will initiate a stop by use of overhead lights. The driver will pull the car over to the right and remain in the car until the law enforcement officer approaches and asks for certain information, including a driver`s license, registration and proof of insurance. The law enforcement officer is noting how and when the person pulls the car to the right side of the road, whether the person remains in the car, and whether the person is able to respond appropriately to requests. Additionally, the law enforcement officer may smell the impurities of an alcoholic beverage and note the eyes, face, speech and other mannerisms of the driver. Thereafter, the officer may ask the person to step from the motor vehicle to submit to several field sobriety exercises. Field sobriety exercises are `divided attention tasks` which are designed to determine whether you can follow instructions and perform physical exercises such as standing on one foot, staring at one foot, touching your fingertip to your nose with your eyes closed, reciting the alphabet in a specific manner or walking a line while touching heel to toe.

Under Florida Law, field sobriety tests ARE NOT MANDATORY! In most instances, the officer will ask if you are willing to submit to field sobriety exercises. You do not have to perform field sobriety exercises. Additionally, before the refusal to perform field sobriety exercises is admissible in court, the officer will have to provide additional information to you. You do not have to provide a reason for not doing the field sobriety exercises.

After I have been charged, what happens now?

Once the law enforcement officer makes the determination to arrest you for the offense of DUI, you will be handcuffed and placed in the back of the patrol car. Typically, your motor vehicle will be inventoried and towed from the side of the road. You will not be permitted to contact anyone during the initial phases of your arrest. Additionally, under Florida Law, you must be held for at least eight hours, per Florida Statute, or until your breath alcohol level reaches a certain (lower) level. You will be taken to a breath testing facility and read Florida`s Implied Consent Law (FICL). The officer will ask you to submit to a breath test. If you refuse, the officer will advise you of the consequences of refusal, typically. If you accept and agree to submit to the breath test, the officer will have you sit and wait for a breath technician. FICL is typically read from a form. Additionally, in many jurisdictions throughout Florida, the procedures at the breath testing facility are videotaped.

I`ve been arrested for DUI but I don`t live here

Once arrested for DUI, the officer will ask you to submit to a breath test. If you take the test and blow over a .08, our legal limit, the office will confiscate your out of state driver license, and your privilege to drive in your home state will likely be suspended. If you refuse a breath test here in Florida, our Department of Motor Vehicles will likely notify the Department of Motor Vehicles in your home state, who may also suspend your driving privileges there. Thereafter, you must contact an attorney here in Florida. We regularly and aggressively represent people who live out of state.

I live in a different state or county than where my DUI was received. What now?

Living in Central Florida, many people visit Central Florida attractions during the winter and summer months. Additionally, many people, unfortunately, are arrested and charged with criminal offenses while visiting. Sometimes, visitors are charged with the offense of DUI. An arrest in Central Florida (state of Florida) for the offense of DUI will be treated just like any other DUI arrest in the State of Florida; the person will be arrested, asked to submit to a breath test and if they blow over a .08, their license will be taken. However, they do have the right to request a formal review hearing within 10 days. Since they do reside out of state, there may be some additional issues that must be addressed during the formal review process. In addition, the person will have an arraignment, a pretrial, and trial before a county court judge in Florida if they are charged with a misdemeanor DUI. However, an attorney representing them can file paperwork on their behalf for them to be excused from the arraignment. Further, we can prepare special documents that allow the arrestee to be excused from future court dates up to the date of trial. However, if the matter is scheduled for trial and the matter is to proceed to trial, the defendant must be present in Orlando, Florida for trial.

Additionally, it is important that you consult with and retain an attorney as soon as possible so that the attorney can begin collecting and gathering evidence with regards to your case.

Not all attorneys are the same! Each attorney handles a case differently. Each attorney has developed a practice and protocol over the years to gather evidence and prepare an offense.

Is my DUI a felony?

Under Florida Law, a DUI is an (enhancable) offense. Each and every time a person is convicted or found guilty of a DUI, the punishment becomes more serious. For example, the jail time increases with each subsequent DUI conviction; the probationary period may increase with each subsequent DUI conviction and the length of time a person`s privilege to operate a motor vehicle is suspended increases with each subsequent DUI conviction. Typically, DUI convictions 1, 2, and 3 are misdemeanors and the fourth offense may be treated as a felony under Florida Law. However, where a third offense is within ten years of the second offense, the third offense may be filed and prosecuted as a felony offense under the laws of the state of Florida.

For a first offense, a person is facing a maximum of six months in the county jail. For a second offense, a person is facing a maximum of nine months in the county jail. For a second offense within five years of the first offense, the person must do ten days in the county jail. For a third offense, a person is facing up to a year in the county jail. For a fourth offense of DUI, a person is facing up to five years in the Department of Corrections. Additionally, the state of Florida recognizes similar offenses from other jurisdictions (other states).

With regards to license suspension, you are subject to a six month loss of license for your first offense, up to five years for your second offense within a certain time frame and up to a ten year loss of license for your third conviction for the offense of DUI. For your fourth offense, you suffer a lifetime suspension of your privilege to operate a motor vehicle. Additionally, there is no possibility under current Florida law for a driver to obtain a limited or a hardship license if you have a permanent revocation.

The Law Office of A. James Craner, Esquire does represent people charged with second or subsequent DUI offenses.

Possible penalties for misdemeanor DUI?

The list of possible penalties for a first offense DUI generally are as follows: Florida State Law requires that a person be adjudicated guilty. This means that the DUI becomes a permanent part of your criminal record. Additionally, it will appear on your driving record. You do not receive points on your driver license for a DUI conviction. Additionally, you are facing 0 days up to 6 months in the county jail. Further, you are facing up to 1 year on supervised probation. What this means is that you will likely be placed on probation for 1 year. However, you may be able to have probation terminated early upon the completion of all terms and conditions and the filing of a motion. Standard conditions of probation apply plus the following special conditions: a fine of $250.00 plus court costs ( if they are made a condition of probation), enroll and complete the appropriate level of DUI Counter Attack School, enroll and complete the Victim Awareness Program, enroll and complete 50 hours of community service or buy out all or any part of the community service work at the rate of $10.00 an hour, have the motor vehicle that you were operating at the time of your arrest immobilized for a period of ten days and suffer the loss of your privilege to operate a motor vehicle for a period of six months. It is important to note that if you have completed level 1 of the DUI Counter Attack School by the time you plea guilty or no contest to the offense of DUI or go to trial and are convicted of the offense of DUI, you may be able to apply for a hardship license immediately after sentencing. A hardship license allows you to drive for all necessary reasons. Specific reasons for which you are permitted to drive on a hardship license will be provided upon request.

Possible penalties for felony DUI?

If you are convicted of a felony DUI, you are facing similar penalties of the misdemeanor DUI. However, you are facing up to five years in the Department of Corrections. Additionally, if you are convicted of a third DUI, you will lose your license for a period of ten years. If you are convicted of a fourth or a subsequent DUI, you will lose your license for life.

I had drugs in my possession; can I hire you as my attorney?

Many times a person will advise us that they have been arrested for the offense of driving under the influence (DUI). Thereafter, at the initial consultation, we determine that after their arrest for DUI, the police found drugs on them or in their car. This can range from marijuana, cocaine or any other drug.. Typically, those cases will be handled before the same judge. That is, if it is a felony controlled substance (cocaine, heroine, methamphetamines…) the person will be charged with a felony in count 1 and a misdemeanor DUI in count 2. Both will be heard before the same judge. In that case, we can represent you in both cases. Under Florida Law, marijuana possession in the amount of less that twenty grams is a misdemeanor. Therefore, if you are arrested for the charge of DUI and they find marijuana on your person, we will also represent you for that offense. Additionally, it is important to note that if you receive any civil infractions, during the DUI arrest, we will represent you in those matters as well.

Can I talk to an attorney before I agree to any tests?

With regards to whether or not you can speak to an attorney prior to taking any tests, generally, you should have the right to speak to an attorney prior to submitting to any field sobriety exercises on the road way. However, a Florida Court of Appeals have held that you do not have the right to speak to an attorney prior to submitting to a breath, blood or urine test.

How much will my fines be?

The minimum fine of $250 plus court costs in Central Florida plus all surcharges etc., runs typically about $550.00. This amount is payable either through collections court at a rate of a certain amount monthly until paid in full, or it is made a condition of probation and will be required to be in equal installments each month.

Why should I hire Orlando DUI Attorney James Craner?

It is important to note that a DUI charge is time-sensitive charge. If you take the breath test and blow over a .08, your license will be taken from you. The law enforcement officer will issue a yellow Florida Uniform Traffic Citation. This citation will serve as your driver`s license for 10 days from the day of the arrest. Additionally, since the officer took your license, you can request a hearing to determine whether or not the `taking` was lawful. The request for the formal review hearing must be made within 10 days of the date of your arrest. It is possible that you will be granted a hardship license or extended limited license pending the outcome of the final hearing. However, it is important to note that if you had a Commercial Driver License, and you are arrested for the offense of DUI, you will not be granted a limited Commercial Driver License. Therefore, it is important that you consult with, and retain an attorney as soon as possible so that your attorney can request the formal review hearing timely. If you fail to request the formal review hearing timely, your license will be suspended. Additionally, the suspension period varies depending upon the facts and circumstances.

Can I contact you personally?

Yes. Mr. Craner welcomes all prospective clients to contact him directly. He may be reached by telephone at 407.898.8880, or by email at cranerpa@bellsouth.net, or by facsimile at 407.898.8810. Further, while Mr. Craner may be reached 24 hours a day, seven days a week. If you have an emergency call Mr. Craner anytime.