Criminal Defense Attorney

The most common types are DUIs, (Driving under the influence), battery, domestic violence, resisting a police officer with or without violence, drug possession cases, driving with a suspended license, kidnapping, manslaughter, homicide, false imprisonment, sexual battery, sexual battery on a minor, lewd and lascivious battery, and lewd and lascivious battery on a minor. Those are the most common types, but I’ve practiced the gamut of every kind of misdemeanor and felony case out there.

I also handle exonerations of one’s criminal records and removals of sex offender status. Florida now has a law where if a person qualifies, they may be able to have their status as sex offender removed. This is known as the “Romeo and Juliet” law. To be eligible the victim must have been at least 14 years old and the offender no more than 4 years older. This law was enacted to deal with the harsh consequences of prosecuting a person who was in a consensual sexual relationship with their boyfriend or girlfriend or who had consensual sex with a minor.

What Are The Top Misconceptions About Being Arrested For A Crime?

The top misconception is when people think that if they didn’t do anything wrong or they are innocent, then the state will not press charges. This is entirely untrue. If you are arrested and the police report says you did commit a crime, even if that information is incorrect, the State is going to file charges against you 99% of the time. Because you are innocent doesn’t mean you don’t need to retain an attorney. You do need to retain an attorney, an attorney with significant experience in criminal law. I have seen innocent people convicted by a jury from the mishandling of their cases by many criminal defense attorneys.

Another misconception people believe is that if they cooperate with law enforcement, they will not be arrested. For example, one ploy law enforcement officers will routinely use is telling people that if they cooperate and answer their questions they will not arrest them or they will tell the State Attorney’s office to go easy on them. DO NOT TRUST LAW ENFORCEMENT when they say this. Do not make any statements to the police PERIOD. I would advise anyone to retain an attorney before making any statements to a law enforcement officer. Except of course, during a routine traffic stop or during a traffic crash investigation, in which one has a duty to cooperate. It should be noted, however, that any thing said in response to a traffic crash investigation is privileged and can not be used against a person in any criminal proceeding.

How Do People Incriminate Themselves Or Hurt Their Pending Case?

Many people make statements to the police that incriminate themselves upon an arrest. I would advise anyone not to make any statements to the police. You have a right to remain silent, and you should not make any statements at all. If a police officer asks to search you, your car, or your house, don’t consent to that search under any circumstances, even if a cop says, “Well, I am going to search it anyway even if you don’t consent.” I don’t care what the police say or what they threaten you with, never give your consent to a search.

How And When Do Miranda Rights Come Into Play In A Criminal Case?

Miranda Rights come into play when you’ve been arrested or you’re in custody. It doesn’t necessarily mean you are in handcuffs. If you’re in a custodial type of stop or custodial type of interview by law enforcement whereas you no longer feel that you are free to leave, then they are supposed to read you your Miranda Rights. This is your right to remain silent, your right to have an attorney, and your right to have an attorney appointed to you if you can’t afford one. Those are your Miranda Rights. If you speak to the police after they read you your Miranda Rights, then you waived your Miranda Rights, meaning any statement you make can now be used against you. If they do not read you your Miranda Rights, and you talk with law enforcement, then they don’t have a right to use those statements against you in court. This is not automatic however. We would have to do what we call a Motion to Suppress, meaning they violated the law by not reading you your Miranda Rights and they can no longer use those statements in court.

How Does Having A Good Character And A Clean Prior Record Impact A Criminal Case?

A sound moral character can play a big part in a criminal case. First, if you want to make a plea deal with the state attorney, they will consider your history. They will check to see if you have had any prior arrest or convictions. They will view your record. If you’re an outstanding citizen and this is a first-time charge they tend to be willing to offer a lighter sentence. When it does go to trial, and the jurors hear you have a good job, family, and you are a solid citizen, that has a lot of influence on most jurors. Even if you have a criminal past, that is not going to play into evidence unless you have a felony or a misdemeanor conviction involving falsehood or dishonesty, but that can hinder your case.

How Does The Process Of Jail Work In Florida?

When arrested, you have a right to go before a judge within 24 hours, and if no bail is posted, the judge will set your bail. If you don’t have the money, you can find a bail bondsman. You will need to leave a down payment that is about 10% to 20% of the total from the bond set by the judge; the bondsman will post the rest. Nevertheless, that will be their take, and you will not get that down payment back. If you post a cash bond, then at the end of the case, you will get that money back as long as you did not miss any court appearances.

If your bail is set too high, we can file a motion to reduce bond or to release you in your own recognizance (ROR). Several factors go into what a judge is going to set the amount of your bail at or whether they are willing to ROR you. Some of these factors are your criminal history, or lack of, your ties to the community, your employment history, whether you have ever missed a court appearance, the crime you are currently being charged with, the weight of the evidence against you, and whether you were on probation or community control when you were charged with the current offense.

Because the Court can consider the weight of the evidence against you in determining your bond, it is very important to present evidence and testimony at a bond hearing. An experienced criminal defense attorney such as myself, will know what evidence and testimony to present. This can make a dramatic difference in what the Court decides to set or lower your bond to.

For more information on Common Criminal Cases In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.

First of all, there are 2 levels of the misdemeanors. There are first and second-degree misdemeanors. A second-degree misdemeanor is punishable by a maximum 60 days in jail and/or six months probation and a $500 fine. A first-degree misdemeanor is punishable by a maximum one-year in jail and/or one year of probation, with a $1000 fine. For first-time DUI’s it’s six months jail and/or 1 year probation. If your Breath Alcohol level was above .15 or you had a passenger in your car under the age of 18, your jail time could be more. For a 2nd, 3rd, 4th, or more DUI, the penalties are greater of course. There are also different levels of Felonies…3rd, 2nd, and 1st degree. The punishment for the different levels of Felonies vary greatly and can the gamut from just probation to life in prison. Also, if convicted of a felony, you lose certain rights. You lose the right to vote and the right to bear arms. This conviction can have a greater impact on your future than if you receive a conviction for a misdemeanor. Also, if you are convicted of certain sex offense, you will have to register as a sex offender for life, and this can have a tremendous negative on your life. You will not be able to live in certain places, work at certain jobs, go certain places, a curfew will be imposed your name will go on the sex offendere website. This is for life, regardless of what your sentence was. Also, the State Attorney can seek to have a sex offender “committed” to a civil commitment facility upon completion of the prison sentence.

What Happens Once I Get Out Of Jail On Bail?

You will receive what is called a Notice to appear at your arraignment when you are released from jail. If you are arrested, the arraignment is your next court appearance. However, if you retain an attorney, that attorney will file a notice of appearance on your behalf and file a written plea of not guilty, as well as a waiver of the defendant’s appearance at arraignment, meaning you don’t have to appear in court. The next court appearance after arraignment is what we call Pre-Trial Conference or Docket Sounding. If you have an attorney, your attorney can appear for you and waive your appearance.

Essentially, the only time a defendant would have to show up is at their trial, if it goes to trial, or at sentencing if your attorney got an acceptable plea deal for you. You may also have to appear at any Motions your attorney may file, such as a Motion to Suppress. If you are arrested for a misdemeanor or a felony the State Attorney has 60 days to bring the case to trial if your attorney files a Demand For Speedy Trial. If the State Attorney does not bring your case to trial within 60 days, the charges will be dismissed by the judge.

How Do You Advise Clients That Want To Plead Guilty To Criminal Charges?

What I do is I’ll assess the case and see if there are any motions to suppress evidence with criminal cases. Whether a person is guilty or not, if the police violated the constitution, such as made an illegal stop or did an illegal search, we could file a motion to suppress evidence. If it is granted, then any evidence obtained as a result of the illegal stop or search is thrown out, meaning it is not admissible as evidence to be used against you. This may lead to a dismissal of all charges in many criminal cases. If there are no motions to be done, then I will work the case like we are going to trial. You will often get a better deal if you make the state attorney work and negotiate with the state if the case looks like we are going to trial. Usually, we get the best plea deals on the morning of a trial. It usually not to your benefit to plea out quickly.

Do Most Criminal Cases Go To Trial Or Do They Settle?

I am a bit different from most criminal defense attorneys because I would say a high percentage, 75% to 80% of the cases I obtain will go to trial or the state will nolle prosse or dismiss it. Many defense attorneys plea out most of their cases. I do not because I find ways to poke holes in the state’s case and I have more than sufficient experience, knowledge and skill to try cases. Most of my cases go to trial with favorable results. However, if a client wants to plea because they don’t want to go through the stress of a trial, then I will work out the best plea deal possible. Usually, if the state attorney knows they are dealing with a criminal defense attorney who has tried many cases successfully, such as myself, we consistently get a good plea deal.

For more information on Misdemeanor Vs. Felony Charges, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.

Having evidence and witnesses is extremely important. If you go to trial and you want a jury to decide in your favor, you as the plaintiff or the person suing have the burden of proof. This means that just because you are saying it happened in a certain way, that’s not going to satisfy your burden of proof nine times out of ten. You will need to present evidence to prove your case. Once again, personal injury attorneys know what evidence needs to be presented and what evidence to gather and to collect, so if you end up going to trial down the road you are able to present the proper evidence to a jury.

Do You Recommend That Clients Keep A Log Or Journal Of Events Following An Injury?

Yes, I would advise clients to keep a log or journal of events following an injury, because down the road if the case does go to trial it serves as refresher notes. As these trials may not happen for a year, or even up to a year and a half, when clients have to take the witness stand at a trial they can refresh their memory by this journal. With most people, memories fade so it is always good to write things down as they happen. Then at trial, you are better able to answer questions and be clear about it. Jurors don’t like answers like “I don’t know” or I don’t remember, and those types of answers are going to ruin your case down the road if you take the stand. The more specific you can be with your answers, the better off and the more believable you are. I would advise clients to keep some kind of journal keeping track of their doctor’s visits and what happened. I also recommend writing down what it’s like in their everyday lives to have these injuries, how it has impacted their lives, and what are the day-to-day things that they either can no longer do or that are more difficult to do because of the injuries from the accident.

How Soon Should Someone Seek Medical Assistance Following An Injury?

It’s always best in any type of injury case to go to the doctor immediately, even if you think that you are not injured. Go to the walk in clinic or urgent care or emergency room and get checked out. There is no requirement that you do that right away, but it will help your case and preserve evidence if you go get checked out immediately. In car accident cases, if you don’t seek medical care within 14 days, your own Personal Injury Protection benefits (PIP) can be denied or limited. This is a new law in Florida. Also, a doctor has to declare that you have an Emergency Medical Condition that you have to continue to receive care for, such as chiropractic treatment or physical therapy. If you don’t have that from a doctor, your own Personal Injury Protection benefits can cut you off at $2500 so you no longer are eligible to receive the extra $7500 in medical benefits.

Can Medical Bills Be Negotiated Down By A Personal Injury Attorney?

Yes, a personal injury attorney can negotiate medical bills down. It is part of the services that I offer, and I don’t charge any extra for this. At the end of the case when we receive a settlement, I always try to contact all the providers and negotiate the medical bills down so that more money goes to my client. We do that in all our cases and we are always able to negotiate the medical bills down.

What Are The Biggest Challenges That Someone Faces In A Personal Injury Case?

It depends on the type of the case and the facts involved in each case because there are different challenges in every case. You have to treat each case as an individual case, because they are going to have their own challenges. Probably the biggest challenge is dealing with the insurance companies and trying to work with them—not to let them treat you like your case is not worth anything, and trying to get them to stand up and pay attention to you and the value of your case. This what your attorney is for, and I try to make it as easy on my clients as possible.

Usually I tell my clients to let me worry about dealing with the insurance companies. Our client’s job is to make sure that they are getting the recommended treatment by their doctors and are following through with the medical care that they are advised to get. You just continue to treat and do what the doctors say and I will take care of everything else. I try to make it as easy on my clients as possible, so they don’t have to be bothered with the challenges. It is my job to deal with all the challenges.

For more information on Importance Of Evidence & Witnesses, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.

The length of time it takes for a personal injury case to be solved can vary. Some cases can be resolved fairly quickly. Some cases, with bigger challenges, could take a few months. Those with the biggest challenges, where we have to file a lawsuit, could take up to a year or a year and a half because the court system is so bogged down. If we have to file a lawsuit, it could take a year to a year and a half to get a trial date. When I file a lawsuit, I immediately do a notice for trial, so we can get put on the trial docket as soon as possible. I’ve heard of cases out there that have been dragging on for 3 or 4 or 5 years. That doesn’t happen with the cases I have because I have a smaller caseload so I can stay focused on my cases, give them individualized attention, and push them through the court system quicker. I don’t have 500 cases where I have one file sit because I’m working on all these other cases. I’m always working on all my cases. I speak to clients every day and stay on top of what needs to be done next. That helps my clients’ cases move through the court system as quick as possible.

What Unintentional Mistakes Do People Make That Could Damage Their Personal Injury Case?

There are some unintentional mistakes that people make that can damage their personal injury case. The number one thing is they talk to an insurance company without an attorney and they make a statement that comes back to hurt their case. They might not even think that it’s a statement that could hurt their case, because they are not attorneys and they don’t know these things. It makes it more challenging for me down the road, because they made this statement that hurt their case. Another thing that hurts a person’s case is if they don’t seek medical attention immediately or if they don’t follow the recommended advice from their doctors. For instance, if the chiropractor or the physical therapist says you need to come 3 times a week in the beginning, and the person doesn’t go 3 times a week or they only go once a week or they don’t go at all, that’s going to hurt their case. The insurance adjuster or the jurors in trial might think they weren’t really injured because they didn’t go seek or get the medical care that was recommended. Additionally, huge gaps in treatment such as going to the chiropractor and then waiting for 6 months before you go back are also going to hurt your case.

How Are Attorneys Generally Compensated In Personal Injury Cases?

Attorneys are generally compensated on a contingency basis, because most people do not have enough money to pay an attorney their hourly rate as they go along. If a client hires me, they don’t have to pay anything out of their pocket. They don’t have to pay my fees for my time. I front all the costs, such as getting medical records, lawsuit filing fees, and other things that cost money in a case. If I don’t collect anything in the end, which almost never happens, the client doesn’t owe me anything. They don’t have to pay me any attorney’s fees and they don’t have to pay me any costs. So it’s really no risk to the client. Once a case is resolved, either by settlement or if the jury returns a verdict, I will take a percentage out of what I collect for the client.

What Qualities Should I Look For When I’m Hiring An Attorney For My Personal Injury Case?

There are several qualities to look for when hiring an attorney. The number one thing that you should look for is their experience in that area. Make sure you don’t hire an attorney who is a jack of all trades and does every type of law. I specialize and focus primarily in personal injury law. Another thing is to see if they have experience in court and experience in trials. There are a lot of attorneys out there who have either never done a jury trial or they’ve done very few. An insurance company knows which attorneys actually go to trial and have trial experience and which don’t. They will typically be willing to give more money if you have an attorney that they know goes to trial, has courtroom and trial experience, and knows what they are doing in the court system. That is extremely important.

Unfortunately, that is the one thing that clients do not ask about. Even before you go in and spend your time meeting them in person, you should research or ask them how many jury trials—not just bench trials with a judge—but jury trials they have done in their career, and how many have they done in the last few years. If they tried many cases 15 years ago, but for the last 5 or 10 or 15 years they haven’t gone to trial, this will not help you.

Additional Information On Personal Injury Cases In Florida

If someone is injured, and they don’t have insurance and they can’t afford medical care, their attorney can always contact the doctor and give them what’s called a letter of protection. This says that if the doctors agree to treat this person, because they don’t have their health insurance or they’ve exhausted their personal injury protection, after we resolve their case, we will then pay them out of that settlement or verdict. I’m able to do that because I’ve been in this field for a long time, and some doctors have no problem doing that. You have to know which doctors are willing to do that and which doctors are not.

For more information on Timeline Of Personal Injury Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.