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Florida Vehicle History Report - Is Your Criminal History Thwarting Your Job Search? How To Improve Your Employment Prospects.
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Do you know about - Is Your Criminal History Thwarting Your Job Search? How To Improve Your Employment Prospects
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A few months ago I had a discussion with a resident physician who had executed a contract with a hospital in Pennsylvania to start a one year fellowship in the fall. However, less than 90 days before she was set to commence the fellowship, the hospital "revoked" the contract citing her ten year old misdemeanor theft conviction. The hospital took this action despite the fact (1) the resident had truthfully completed her employment application by, inter alia, accurately answering she did not have any felony convictions; and (2) the misdemeanor conviction does not have any bearing on her fellowship duties as a physician.
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How is Is Your Criminal History Thwarting Your Job Search? How To Improve Your Employment Prospects
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Last month I spoke with a banker who used to work for a national bank in California and took a promotion with the same bank in Alaska. She had worked for the bank for years in California, had passed its earlier criminal background check and had been bonded. However, within weeks of her start at her new job in Alaska, the bank "discovered" she had an eighteen year old, dismissed misdemeanor marijuana charge from Delaware. The bank proceeded to terminate her because of this dismissed charge.
Beyond the travails of a random physician and banker, these anecdotal accounts reflect a persistent, widespread societal problem: How can ex-offenders overcome their criminal histories in an effort to secure and keep employment? Approximately 600,000 men and women are released from incarceration annually. Additionally, every year millions of individuals charged with criminal offenses have their cases disposed of without the imposition of jail time (e.g., dismissed charges; acquittals; probation). In order for these adults to care for themselves and their families, to contribute positively to American society and not to reoffend, they need to find and keep gainful employment. Unfortunately, their criminal histories can constitute a major obstacle to their efforts to go to work.
For the most part, these individuals have to depend on the enlightenment of their prospective employers. The majority of workers in the United States (with the notable exception of the great State of Montana) are hired on an "employment at-will" basis. Under the employment at-will doctrine, a company can decide not to hire a potential at-will employee for any reason as long as said reason does not violate an applicable law (e.g., anti-discrimination statute) or contract (e.g., collective bargaining agreement).
As a consequence, if a company declines to hire an applicant or decides to fire a worker because of his or her criminal history, the employer likely has the legal right to do so. In most jurisdictions, it does not matter whether the underlying criminal offense was minor, did not result in a conviction and/or has no objective relevance to the underlying job duties. The employer retains the right to exercise this employment at-will prerogative in this regard.
Fortunately, a significant minority of the states have taken legislative action to ameliorate this harsh reality for workers with criminal histories. Fourteen states prohibit discrimination against some form of ex-offender discrimination in the workplace. Arizona, Colorado, Connecticut, Florida, Kentucky, Louisiana, Minnesota, New Mexico and Washington ban ex-offender discrimination in public employment. Five other states, Hawaii, Kansas, New York, Pennsylvania and Wisconsin, prohibit this form of job discrimination in both private and public employment. (Additionally, a number of municipalities, e.g., San Francisco, CA, have restricted employers' ability to rely on criminal record information in making hiring decisions.)
For individuals with criminal histories covered by one of these anti-discrimination laws, their prospective employers cannot lawfully deny them employment based on said histories absent the existence of a "reasonable" or "direct" relationship between said history and the proposed employment. For example, a resident physician in Pennsylvania may have a legally cognizable means of challenging the denial of a hospital fellowship based on an unrelated, ten year old misdemeanor theft conviction. Similarly, pursuant to the state's anti-discrimination law a banker in New York could successfully challenge a discharge based on an eighteen year old marijuana charge.
In contrast, though, a prospective banker in any of the aforementioned five states would likely not have a remedy if he or she had a felony embezzlement conviction in light of the putative causal relationship between the nature of the conviction and the duties of the sought after position. It is also worth re-emphasizing that this "relationship test" matters only in the aforementioned states which have prohibited or restricted discrimination against ex-offenders in private and/or public employment. As a consequence, irrespective of the nature of his or her criminal history, a similarly situated job applicant seeking work in the majority of the states would not have any potential means of direct legal redress because these of states do not prohibit this form of discrimination in the private or public sector.
If you find yourself with a criminal record and seeking work in one of these states without a discrimination ban, you may nonetheless have other options available to ameliorate the potentially adverse impact of your record on your job search. For instance, individuals charged with less serious misdemeanors (e.g., disorderly conduct; fare jumping) and possessing relatively clean criminal records may convince the judge to agree to a "probation before judgment" or "PBJ" disposition as opposed to a conviction without jail time. In essence, a PBJ or a "stet" disposition places the underlying criminal matter in abeyance for a year. If during that one year period the defendant does not commit another offense, then the underlying charge is dismissed. (If, however, the defendant commits another offense during this probation period, the prosecutor can charge them with this second offense and seek a conviction for the first offense.) The principal advantage with a PBJ is the defendant avoids having a conviction appear on his or her record. In conducting employment background inquiries, many companies only focus on convictions. The absence of a conviction can only enhance an individual's prospects of gaining prospective employment.
If (1) an individual can resolve a criminal charge with a dismissal, a nolle prosequi or "nol pros" motion (i.e., a motion by the state attorney declining to prosecute the charge), a PBJ or stet, or similar non-conviction disposition, or (2) an individual is found guilty only of a specified nuisance crime (e.g., disturbing the peace) or a single non-violent criminal act, then he or she may subsequently petition the court to have the criminal record "expunged." If a worker with this type of criminal record can successfully have his record expunged, then the state will remove reference of this criminal activity from court, police and motor vehicle records and files. Moreover, the effect of the expungement order allows the affected individual to "truthfully" deny the existence of the above-described charges or convictions when seeking prospective employment.
If you have a more substantial criminal record (e.g., a "serious" felony conviction), then you may explore other alternatives in an effort to erase or minimize the effect of your record on your job search. Generally, if a former felon has completed his sentence, has remained out of trouble for the requisite period of time and has led a productive life in the interim, then he or she can petition the state clemency board or an analogous state agency for a pardon. With a pardon, the ex-offender can then seek to have his or her record expunged. (In some jurisdictions, the underlying records are automatically expunged with the issuance of the pardon.)
In addition, similar to the process of obtaining pardons, some states allow ex-offenders to petition the sentencing court to have their convictions "set aside" based on their completion of the sentence and their years as a law-abiding and productive citizen. Once the conviction is set-aside, the ex-offender can move to have his or her record expunged.
If an individual with a felony record cannot successfully petition for a pardon or a conviction set aside, he may want to explore whether he can obtain a "certificate of relief from disabilities" or a "certificate of good conduct." Essentially, executive branch agencies in certain states (e.g., New York, Illinois) issue such certificates to qualified ex-offenders in order to "create a presumption of rehabilitation in regard to the offense or offenses specified therein." See N.Y. Correct. Law § 753. An employer or a licensing agency in the issuing state then has an obligation under law to "take into account" an applicant's certificate in making a hiring or licensing decision. See N.Y. Correct. Law § 753(2). Accordingly, such a certificate may significantly bolster an objectively rehabilitated ex-offender's chances of gaining employment and/or securing a professional license (e.g., a barbering license).
In summary, if you have a criminal record of any type, then you will want to explore any and all avenues to eliminate the existence of your record or to minimize the record's impact on your employment options. Those with minor, "youthful indiscretion" misdemeanor charges or convictions on their record should find the process of scrubbing your record relatively straightforward, if not easy. For those of you with more serious criminal records, this road may prove more arduous, but potentially doable. Considering that many employers can and do engage in unvarnished discrimination against ex-offenders irrespective of the underlying the disposition of the offense and their manifested rehabilitation, these post-judgment steps can only help improve your employment prospects.
Similarly, if you have encountered other workplace difficulties, you too can effectively seek your remedy. You do not have to endure mistreatment in silence. You have rights!
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Is Your Criminal History Thwarting Your Job Search? How To Improve Your Employment Prospects
Florida Lemon Laws Used Cars - Criminal Misdemeanor Law in Rhode Island (RI) - Plea Agreements - Sentencing & What is a Conviction?
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Do you know about - Criminal Misdemeanor Law in Rhode Island (RI) - Plea Agreements - Sentencing & What is a Conviction?
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A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.
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How is Criminal Misdemeanor Law in Rhode Island (RI) - Plea Agreements - Sentencing & What is a Conviction?
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If you cannot afford an attorney to represent you then you should contact the Public Defender. The Rhode Island Office of the Public Defender represents eligible clients in criminal law matters (misdemeanors / felony) for no charge. Do not use this article as a substitute for seeking independent legal advice from a lawyer.
It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!
At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.
At the pretrial conference a person can change their plea after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.
A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.
In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an "alfred plea".
Guilty and Not Guilty Pleas
The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.
Nolo Contendere Plea
Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.
What is the difference between a guilty plea and a nolo contendere plea in rhode Island? There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.
For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.
However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.
All misdeameanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!
Alfred Pleas
Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.
DUI / Drunk Driving charges
In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or "admitting to sufficient facts" is not a criminal conviction because a breathalyzer refusal is a civil case. For more information concerning Rhode Island drunk driving / dui and breathalyzer refusal law please see => http://ezinearticles.com/?Rhode-Island-DUI---DWI-Law-Should-I-Refuse-The-Breathalyzer?&id=486659
Guilty Finding after Trial and appeals de novo
If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.
Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal.
A defendant has five days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.
What is a "filing" in Rhode Island?
A one year filing is usually only offered by the prosecutor as a penalty for first time offenders. A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year.
Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General 's office, the Rhode Island State Police and the local police department that pursued the criminal charge. In the event that a person is found guilty after trial, a person could still be sentenced to a one year filing. However, any guilty finding after trial will constitute a conviction. A guilty finding with a penalty of a filing should be appealed to avoid a conviction.
(Expungement is a process in which a person can have certain eligible Rhode Island criminal records expunged off there record. In order to obtain an expungement of a Rhode Island criminal record a person must file a motion to expunge. I strongly advise that you contact me or another Rhode Island criminal law attorney to determine whether a criminal record can be expunged.)
If a one year filing is offered by the prosecutor / city solicitor and is accepted then the case will be "filed" for a year. This is commonly called a "filing". If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case can be easily expunged from a person's record after the year.
What types of filing are there in Rhode Island
There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court! Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.
A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.
If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.
A person that has a filing is subject to being held at the aci for 10 days as a violator of his filing if he is arrested for a new offense during the filing period.
What implications are there for domestic violence offenses in Rhode Island?
If the underlying charge is for a domestic offense such as domestic assault, vandalism, or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife, girlfriend or the victim as the case may be.
Upon entering a plea or being found guilty of a crime with domestic implications then the defendant will be ordered to complete a batterers intervention program which involves attending classes. The defendant can also be ordered to pay restitution to the victim if applicable and obtain substance abuse or mental health counseling. Failure to attend the Batterers classes or failure to pay restitution or failure to attend counseling could be considered a violation of probation or a filing.
If the defendant violates the no contact order then the defendant will be charged with a separate offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.
The no contact order will remain in effect while the case is pending and during the period of any penalty or sentence. The no Contact order will expire if the case is dismissed. For example, a no contact order will stay in effect until any probationary period or suspended sentence is completed.
Rhode Island Family Court restraining orders
Be careful! There may be a separate restraining order that issued from Rhode Island Family Court as a result of a complaint protection from abuse in a divorce or family law matter. The Family Court has jurisdiction to issue restraining orders for up to three (3) years. The Family Court can issue restraining orders for persons who are married, are divorced, are family members or who have children in common as well as other jurisdiction set forth in the statute. There may also be a restraining order issued by a Court of another state or another Court
Violation of Family Court Complaint protection from Abuse restraining order is a crime in itself and also may constitute a violation of probation, bail and violation of conditions of a filing.
District Court Restraining orders:
There may also be a District Court restraining order from your (ex) boyfriend or girlfriend. The District Court has jurisdiction to issue restraining orders for persons who were or are in a dating relationship or who are roommates. Violation of a District Court restraining order is also a crime in itself. Violation of a District Court restraining order is also a violation of probation and a violation of the terms of bail and a violation of the conditions of a filing.
Superior Court Restraining orders:
Violation of A Superior Court restraining order is punishable by contempt proceedings which could result in confinement. However, violation of a Superior Court restraining order is not a crime in itself. Violation of a Superior Court Restraining order could be considered a violation of bail, probation or conditions of a filing.
Issues concerning custody and visitation of children as well as divorce and family related matters:
The District Court in a criminal case cannot be involved in setting vistitation or dealing with issues concerning divorce or custody of the minor children. The Rhode Island Family Court is the proper Forum for dealing with issues related to divorce and child custody such as: child support, visitation, financial restraining orders and issues concerning marital property, marital real estate and debt.
If your spouse or girlfriend or boyfriend is preventing you from visiting or talking to your child as a result of a criminal case or no contact order then you may need to file for divorce or a separate action for custody or visitation in Family Court.
The Family Court can set visitation and child support as part of a Complaint protection from abuse restraining order. In some instances when domestic violence is alleged or there are issues concerning alcohol, drug abuse or mental health then the Family Court may order supervised visitations. These Supervised visitations my occur at the Providence Family Court or may be supervised by a third party.
No Contact Orders in Rhode Island explained
A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.
In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say "hi" if they walk by the victim by chance on the street.
Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defendant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.
Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.
A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.
Violation of conditions of filing
Please note, that a person who has a filing can be held for up to ten days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of trouble.
If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.
Probation in Rhode Island
If a person receives probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his/ her probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violator. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is "reasonably satisfied" that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.
A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!
A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new addresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island, he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.
What is a probation with a suspended sentence in Rhode Island?
If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!
A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.
The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.
Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes.
Most prosecutors and judges believe that each sentence should be more severe then the last. A person's first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.
Could I be incarcerated at the aci or serve time in jail as a result of a misdemeanor charge?
Yes. A serious misdemeanor could lead to incarceration at the Adult Correctional Institution (ACI). The Vast majority of misdemeanor cases do not result in a sentence of incarceration! A habitual offender could eventually face jail time. A person convicted of a second or third offense dui / dwi faces a minimum mandatory sentence to the ACI . A person with a probation violation or suspended sentence could face incarceration depending on the circumstances. In a Misdemeanor District Court case the Court only has jurisdiction to sentence a person to a year in jail. In some instances a person might qualify for Home confinement in lieu of a sentence at the ACI.
Please be advised that there are different considerations related to Felony criminal charges which are not addressed in this article including but not limited to deferred sentences. Please consult the Rhode Island Public Defender's website for information related to felony charges and for an explanation of a Deferred sentence.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.
Criminal Misdemeanor Law in Rhode Island (RI) - Plea Agreements - Sentencing & What is a Conviction? (with Health & Product)
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Florida Dmv - Turning Procrastination Into a Criminal Offense
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Do you know - Turning Procrastination Into a Criminal Offense
Everyone procrastinates. In most cases we procrastinate until we are forced to deal with whatever we are avoiding. Pay your credit card bill late and you get a notice - it may cost you a little but no biggie. Skip your workout for a few weeks and you'll gain a few pounds but you can always lose the weight. But if you get a traffic ticket and don't pay the fine on time or worse forget it all together you get hit hard - your drivers license is suspended. At least that's the way it works in Florida.
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About Florida Dmv
In 2006 over 1.4 million drivers in Florida got their drivers license suspended for not complying with a court order, summons, or fine. In most cases these were drivers who got a ticket and did not pay the fine on time or did not appear in court on the date ordered. Unlike your credit card company, the Florida DMV does not give warnings.
Not paying your traffic ticket is the easiest way to get your drivers license Suspended in Florida.
To make matters worse, many of the drivers who got their license suspended ignored the order and continued to drive. If you get your license suspended you can get a hardship license that allows you to drive for work or school. But many drivers don't. Those drivers that continue to drive with a suspended license put themselves at further risk. If you are caught driving with a suspended license and convicted it is considered a criminal offense.
Get a Hardship License
Getting a hardship license is not a difficult process. The Florida Drivers Association explains the process on http://www.123driving.com. A hardship license allows you drive to work or for business purposes or educational purposes. In 2006, over 227,000 drivers were charged with driving with a suspended or revoked license. These drivers managed to turn procrastination in a criminal offense.
Take a Class, Get a License
If your drivers license is suspended or revoked in Florida, in most cases you can take a class called ADI (Advanced Driver Improvement). This is a 12-hour traffic school class. The good news is that you can procrastinate. The class lets you login and logout and finish the class on your schedule. When you enroll in the class you get a proof of enrollment, which in most cases is all you need to get your hardship license. Of course when you have your hardship license be aware of the restrictions or you'll be right back where you started with no license to drive and running out of options.
