The arrest is the start of an incarceration process most cases have a preset convenience bond which allows you to bond out with cash or a bondsman. Bondsmen generally charge about 10% of the bond-able amount. Call me for a short list of bondsmen that I trust and work with on a regular basis, so we can proceed expeditiously and get you released from jail.
The arrestee is constitutionally entitled to this hearing if he does not post a bond within a 12 hour period. In some cases depending on the facts, the charge and the judge, the judge may deem the individual a flight risk or a danger to the community and deny bail. You are entitled to be represented at this first hearing, as well as it gives the attorney a chance to make bail arrangements with the judge. In many cases the judge can put the individual on a pre-trial release with no cash requirement. It is always better to have an attorney present at these magistrate hearings because we know the arguments that will restore your freedom. If notified, I will appear at magistrate court and argue on your behalf and get you released from jail immediately.
Generally the State’s Attorney’s office (prosecutor) will file formal charges in what is called an “Information”. An “Information” is kind of like the big traffic ticket listing the charges against you. This is usually accomplished within the first 21 days after an arrest. If you contact my office at the early stages of your arrest, in many instances, depending on the severity of your case,there is a strong possibility I can get your charges dropped or reduced. This can be done through negotiations with the prosecutor on your behalf, explaining the strengths of your case. This will be very beneficial because lower charges tend to be less work thus saving you money. If no charges are filed after 21 days you are entitled to a probable cause hearing. If no charges have been filed within the first 33 days of arrest the individual must be released from jail without posting a bond.
The arraignment in a felony trial follows the same process as in a misdemeanor trial. This is where the Court wants to know if your requesting the “discovery” from the prosecutor. This includes police reports, witness and victim statements, evidence, forensic material, pictures, recordings, and anything else that may be important to your innocence or guilt. The Court wants to know if you are pleading guilty or not guilty. The Court wants to know if you want a trial by judge or jury. Most importantly the Court wants to know if you will have legal representation. An arraignment is a virtual formality prior to trial. Very few cases are dismissed at arraignment.
1. The defense attorney must vigorously defend his client’s interest. Click on my
Results page to see how we get things done.
2. The defense attorney must present all options to his client with
recommendations and professional opinions.
3. The defense attorney must prepare his client completely for each step in the
legal process.
4. The defense attorney must review all possible defense scenarios and
interview all witnesses and review evidence in support of the clients case.
5. The defense attorney must develop a theme to the defense. The theme is
composed of a powerful defense strategy and a course of action to present
reasonable doubt or otherwise minimize exposure or punishments.
6. The defense attorney must gather all evidence and prepare and identify any
witnesses.
This involves a meeting between prosecution and defense. Topics discussed in most states include plea bargain opportunities, strengths and weaknesses of the prosecutions case, and intangible factors of the case, such as the defendant’s character and past history.
The pre-trial conference is a formal setting where plea bargaining occurs. The prosecution may offer alternative sentencing. The charge may be changed to a lesser charge. The number of felony counts may be dropped. A lesser punishment for the same charge may be agreed upon.
The pre-trial conference is used to introduce evidence, submit motions, identify procedural issues, exchange witness lists, and plea bargain. Most cases that do not reach trial are plea-bargained at the pre-trial conference.
-The defense presents a legal case on behalf of the defendant.
-Further discovery takes place.
-Factual and legal evidence is established.
-Debate over sufficient evidence occurs.
-Review on whether the facts are sufficient occurs.
-Strengths and weaknesses of witnesses are examined.
-Issues with the evidence are submitted.
-Motions may be made and heard.
-To Suppress evidence based on a Violation of the Defendant’s Constitutional Rights
-To Dismiss the information and complaint
-To Compel discovery
-To Sever counts
-To Dismiss for Lack of a Speedy trial
-To Modify or reduce bail
-Bill of particulars
-To Reduce charges
-To Change Venue
-To Strike a prior conviction
-To Preserve evidence
-To examine a police file
Each state has different rules for Trials. To list all the possible scenarios that could happen at Trial is to exhaustive a list to be referenced here. Some states provide the right to choose between a trial by judge or jury. Others do not allow the defendant a jury trial in misdemeanor cases. The number of members on a jury varies by state. However, in Florida one has the right to be tried by a jury of 6 of their peers.
A jury trial is the fact finding phase of the case. It is the in-court examination and resolution of a criminal case. At the trial a decision will be reached as to the innocence or guilt of the defendant. Unlike a plea-bargained settlement which completes the case prior to trial, a trial introduces risk for both the prosecution and defense. Neither side knows which side will prevail. The trial begins with the prosecution’s opening statement. The defense attorney may also present an opening statement at this time or he may reserve his opening statement until the beginning of his case-in-chief. The prosecution presents his case to support the charges and then rests. The defense presents his case to refute the charges and then rests. Closing arguments by both the prosecution and defense conclude the presentation part of the trial. The jury then deliberates innocence and guilt.
-Jury selection
-Opening statements are presented by both the prosecution and the
defense
-The prosecution presents their case
-The defendant cross examines
-The defense presents their case
-The prosecution cross examines
-Closing arguments are presented by both the prosecution and the
defense
-The prosecution, defense and judge decide on specific instructions to
the jury
-The judge instructs the jury on rules
-The jury deliberates
-The jury submits their verdict
Sentencing is a court hearing where the judge determines punishment. The judge determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or stiffer sentence. The defendant may make a statement to the court.
A defendant may be sentenced to Probation instead of prison/jail. However, he/she may be ordered to do some local custody time as a term of his or her probation. If a person violates his/her probation, he/she may be incarcerated.
Formal probation is when an individual is supervised by a probation officer.
Informal or administrative probation is unsupervised.
If probation is not granted, there is usually a range of three prison terms in each FELONY crime: the low term, mid term, and high term. Lawyers argue about the proper term based on the facts of the particular case. The final word is within the judge’s broad discretion.
Sentencing modifications occur when part of a person’s sentence becomes inapplicable to their case. For example: Suppose a man is convicted of the crime of spousal abuse, and part of his sentence includes that he must stay away from his wife. However, if the man and the wife decide to reconcile, then it would be appropriate to ask the court to “modify” the man’s sentence.
1. The judge almost always determines punishment.
2. The judge may be required to follow specific sentencing guidelines.
3. The eighth amendment to the U.S. Constitution provides that punishment may
not be cruel or unusual.
4. Factors such as no criminal history, a good public record, and professional or
personal responsibilities may persuade the judge to provide a lighter
sentence.
5. A previous criminal record, use of a dangerous weapon, gang ties, degree of
injury or financial loss, and the type of conviction may persuade the judge to
provide a harsher sentence.
6. Judges almost always give repeat offenders stiffer sentences.
7. If the defendant is not planning on appealing the case, this may be an
appropriate time to acknowledge responsibility in order to convince the judge
to give a more lenient sentence.
(1) Previous Criminal Record.
A defendant’s past record is a large consideration when determining an alternative or lesser sentence within the lower end of the sentencing guidelines. A previous record can also affect the level of security of the facility that the defendant will be sent to as a result of sentencing. Most correctional facilities use a point system unfavorable to repeat offenders costing them time deducted from their sentences. On the contrary, first time offenders are frequently sent to camps or community centers instead of penitentiaries.
2) Enhancements.
Most states carry statutes which call for stiffer penalties if a defendant’s crime involves the use of a dangerous or deadly weapon, serious or permanent bodily injury, or crimes against youth or the elderly. Enhancements generally increase the sentencing penalties. In some states, enhancements are not a separate charge and are considered part of the primary offense such as armed robbery.
Some alternatives to jail that might be negotiated are:
-Detox Programs
-Electronic Home Monitoring
-Residential Treatment Centers
-Counseling
-Weekend Work Programs
-Community Service
In addition to any sentence imposed by the court, a conviction can have a number of independent consequences. On felony cases, these consequences can include, but are not limited to:
-Loss of the right to vote.
-Loss of the right to possess a firearm of any kind.
-Loss of the right to associate with known criminals.
-Registration as a sex offender.
-Increased penalties for future criminal convictions
After a defendant has been found guilty by way of trial, the defense attorney may request a higher (4th District Court of Appeals in Palm Beach) court to review specifically identified flaws in procedure with the possibility of changing the lower court’s decision. It is important to recognize that the appeals process may only begin after the defendant has received the final verdict.
An appeal occurs after the court has rendered its decision. The goal of an appeal is to have a higher court review and change the decision of the lower court, or send the case back to re-trial. There are two key types of appeals. One attempts to overturn the court’s decision. The second attempts to overturn the courts sentencing decision.
The defendant should ask his defense attorney to thoroughly review a transcript of the entire trial prior to preparing an appeal. In an appeal, no new witnesses and no new evidence will be available. Each party prepares briefs that the judges review prior to rendering a decision.
Once the trial has been completed, the facts have been decided. They can’t be changed by an appellate court. The appeals process reviews defects in procedure of the trial. If the defense attorney can identify substantial improper procedural issues, he may be able to win the appeal. These defects in procedure may include any of the following:
– The judges instructions to the jury were improper
– The prosecution made improper comments to the jury
– Jury tampering
– Improper introduction of evidence
– etc..
The timeline of the appeals process varies from state-to-state. Some post conviction tactics to get relief for the defendant include:
Motion for Acquittal
Motion For New Trial
Motion For New Sentencing
Appeal To Appellate Court
Appeal To State Supreme Court
Appeal To U.S. Supreme Court
You can legally drive after your arrest, however time is limited. You must request a formal review hearing within the first 10 days of your arrest. I will extend your drive time for approximately a month and a half after your arrest at no charge.
No one plans to get behind the wheel of a car with the intent to commit a crime. However, if a police officer pulls you over and you have even one alcoholic beverage, there is a good chance you will be arrested for DUI.
Most cases hinge on the “opinion” of impairment by law enforcement. It is clearly an opinion based on their observations – that’s it! Do you honestly think their opinion of your behavior is more accurate then yours? There are many reasons for their opinion, many of these reasons are flawed because of basic human nature.
In some cases, law enforcement will rely on a breathalyzer machine which has been proven to be a flawed process. This is because, the time it takes from the original arrest to when they transport you to the police station, then test you, a persons alcohol level changes. Another imperative issue with this form of testing is that, many times this machine is not calibrated correctly. These are just two examples, as well as an entire host of other issues that can and should be explored.
I am a licensed DUI instructor with vast legal experience and have successfully represented hundreds of DUI cases that have resulted in reduced or dismissed charges.
If an individual is convicted of a DUI offense, there is a vast array of penalties.
In addition to the preceding criminal penalties, a person convicted of this offense can receive a criminal record and an automatic driver’s license suspension for up to two years without being eligible to receive a provisional or work-related license for the first year.
Direct and Collateral consequences of a DUI charge can include:
If there is an accident or a minor traveling in your vehicle or the breath level is above a .15 in this DUI there are enhanced penalties that additionally include:
If this is your second DUI the above applies and
If this is your second DUI within 5 years the above applies and:
This is a much more serious case. If the prosecution finds out that this is your third DUI or greater, then all the above penalties apply and chances are good that you will be charged with a felony. In many cases this could result in a rather lengthy prison sentence and a convicted felon status.
These cases require a vigorous defense. They also require administrative procedures that must be executed within 10 days of your arrest or you will lose your driving privilege. Most cases hinge on the opinion of impairment by law enforcement. It is clearly an opinion based on their observations – that’s it! I am a licensed DUI instructor with vast legal experience and have successfully represented hundreds of DUI cases many resulting in a not guilty, reduced or dropped charges.
Is a defense that allows a judge to determine the validity of a self defense claim and should always be alleged when defending these cases. A person is under no obligation to retreat in the face of a reasonable fear that threatens life or limb, or threatens the same to a family member. I have argued numerous cases regarding this issue, and in some cases the need to defend one’s self is the most important fundamental issue that insulates the accused. it allows people to protect themselves without fear of arrest or incarceration.
Battery is defined as ‘an unlawful and intentional touching or striking of another person against the will of that other person. If you have committed a prior battery, and were found “guilty” of the prior charge, even if adjudication was withheld – you may be charged with a felony battery on a second or later battery, which becomes a third degree felony punishable by up to five years in the state prison system. Also – if you are charged with a misdemeanor battery that involved a family member or other person who qualifies as a domestic partner – a conviction, even as a misdemeanor, will bar you thereafter from ownership or possession of firearms or ammunition.’
A felony battery is generally covered by Florida Statute 784.041. This statute makes it a crime to commit a battery where the victim suffers great bodily harm, permanent disability, or permanent disfigurement even if the type of injury that occurs was not intended. It is a third degree felony when so charged, however it can also be charged under a more serious statute as an “aggravated battery”.
An “aggravated battery” is charged under Florida Statute 784.045, and is a battery committed against a pregnant woman who the defendant was aware (or should have known) was pregnant; or is a battery where a deadly weapon was used; or is a battery where the defendant intentionally caused great bodily harm, permanent disability, or permanent disfigurement to the victim. An aggravated battery is a second degree felony punishable by up to fifteen years imprisonment in the Florida prison system, and may also carry a mandatory minimum sentence.
A battery against a law enforcement officer (ie: battery LEO), firefighter, EMS personnel, bus or train operator, or their security personnel is a third degree felony, or worse, pursuant to Florida Statute 784.07. If the crime would be an aggravated assault against a citizen – it is a second degree felony against the protected class of the statute. If the crime would be an aggravated battery against a citizen, it is a first degree felony against the protected class. In either of these last two instances a mandatory minimum sentence is imposed of either three or five years. If a firearm is carried during the crime – the mandatory sentence can even be worse.
Stand Your Ground Is a defense that allows a judge to determine the validity of a self defense claim and should always be alleged when defending these cases. A person is under no obligation to retreat in the face of a reasonable fear that threatens life or limb, or threatens the same to a family member. I have argued numerous cases regarding this issue, and in some cases the need to defend one’s self is the most important fundamental issue that insulates the accused. it allows people to protect themselves without fear of arrest or incarceration.These cases many times turn into your word versus theirs, kind of a he said/she said situation. Let me use the benefit of my experience to ferret out these inconsistencies that arise in the police reports and the sworn statements of witnesses and alleged victims. These inconsistencies may lead to reduced charges, dismissal and/or an acquittal.
In Florida burglary is a very broad definition and encompasses many of the charged crimes. In general, burglary is a property crime that describes the entry or occupation of another’s premises with an intent to engage in unlawful activity. To establish the elements of the offense set by Florida state laws, a prosecutor must show that the defendant entered the premises with a specific intent to carry out a crime. For example, a defendant might have entered a home with the intent to commit theft or any other offense such as battery.
A prosecutor must show that the defendant entered the premises without authorization. Alternatively, a prosecutor can also establish a burglary if the defendant initially had permission to enter but remained on the premises after the invitation had expired or had been revoked.
In Florida, the state may prosecute a burglary as a felony in the first degree, second degree, or third degree. State law sets specific criteria to determine the degree of the offense. For a burglary to qualify as a first degree felony, the type of burglary which results in the most severe punishment, the prosecutor must prove that the defendant engaged in assault or battery against any person while committing the burglary, the defendant used a deadly weapon or explosives while committing the burglary, or the defendant became armed with a deadly weapon after entering the premises. In addition, the prosecutor can establish a first degree felony if the defendant used a motor vehicle to damage the dwelling or structure or if the defendant caused over $1,000 in damage to the dwelling or structure during the burglary.
If the defendant did not commit assault or battery and did not use a deadly weapon, the state might prosecute the burglary as a second degree felony. The prosecutor must show that the defendant committed burglary of a type of dwelling, structure, or conveyance specified by the laws of Florida. A dwelling serves as a place for in-habitation, while a structure describes a building of any kind that is not designed for in-habitation or occupation. Conveyances include cars, trailers ships, boats, and other properties. A dwelling may serve as the premises for a burglary regardless of whether anyone was present at the time of the offense. However, if the burglary occurred in a structure or conveyance, the state must show that at least one person there during the burglary in order to qualify as a second degree felony. If nobody was in the structure or conveyance, the state may have to pursue a third degree felony charge.
Florida state laws allow the prosecution of a burglary as a felony in the first degree, second degree, or third degree. The punishment for a conviction depends on the degree of the crime. A third degree felony may result in a term of imprisonment for up to five years and a fine of an amount up to $5,000. The sentence may increase to a maximum sentence of imprisonment for fifteen years and a fine of $10,000 for a second degree felony. If the crime qualifies as a first degree felony, the state may request a sentence for a term up to life imprisonment and a fine in an amount up to $10,000.
Though state law sets a maximum sentence for each degree of burglary, the Florida Statutes also allow for increased sentences in certain cases where the defendant has a record of prior felony convictions or qualifies as a career criminal as defined by law.
Defending against Burglary charges are very important from a results standpoint.
Example: If you get into a fight outdoors you could be charged with simple battery a misdemeanor that carries a maximum of one year in jail, but in most cases a fine or a couple of months probation will be the result. If you get into the same fight outdoors under an awning to a home it is a burglary battery which is a felony that carries a maximum of 15 years of Florida State prison and will score you at a minimum of 27 of Florida State Prison.
So defending these cases becomes critical and can turn on very subtle facts. I have defended hundreds of these cases and have the experience and knowledge to get you the best results.
Domestic Violence rises out of family situations that usually involve relatives, spouses or lovers. There are special penalty enhancements associated with these charges. Charges include Battery, Aggravated battery, Assault, Aggravated assault, Stalking, aggravated stalking and domestic strangulation.
Battery is defined as an unlawful and intentional touching or striking of another person against the will of that other person. If you have committed a prior battery, and were found “guilty” of the prior charge, even if adjudication was withheld – you may be charged with a felony battery on a second or later battery, which becomes a third degree felony punishable by up to five years in the state prison system. Also – if you are charged with a misdemeanor battery that involved a family member or other person who qualifies as a domestic partner – a conviction, even as a misdemeanor, will bar you thereafter from ownership or possession of firearms or ammunition. To see the other listed offenses referenced above, see the other referenced offenses contained on this website.
In addition to the statutory penalties applicable to any criminal offense, Domestic Violence charges also carry the following enhanced penalties.
Defending domestic violence cases are difficult, because deeper issues usually caused the altercation in the first place. These include:
These cases many times turn into your word versus theirs, kind of a he said/she said situation. Let me use the benefit of my experience to ferret out these inconsistencies that arise in the police reports and the sworn statements of witnesses and alleged victims. These inconsistencies may lead to reduced charges, dismissal and/or an acquittal.
Stand Your Ground is a defense that allows a judge to determine the validity of a self defense claim and should always be alleged when defending homicide cases. A person is under no obligation to retreat in the face of a reasonable fear that threatens life or limb, or threatens the same to a family member. I have argued numerous cases regarding this issue, and in some cases the need to defend one’s self is the most important fundamental issue that insulates the accused. it allows people to protect themselves without fear of arrest or incarceration.
With these things in mind, the best way to approach a domestic violence case is to develop a plan that will not only result in the dismissal of the case, but also bring harmony between you and the accuser.
I represent people who have been charged with drug possession and intent to sell in the South Florida area. I handle misdemeanor and felony drug possession charges involving all types of controlled substances, including:
These particular charges contain the largest amount of defenses because many times the police action violates a citizens right to privacy, self incrimination, right to be free from illegal searches and seizures in our homes, papers and affects. These are rights guaranteed by the 4th 5th and 6th amendments of our constitution. Police must abide by a strict code of police procedure in order to establish “Probable Cause” in arresting an person for this offense. None of these procedures can be violated or omitted.
Many times these cases are orchestrated with the use of confidential informants who are either paid by police, or working with the police to reduce their own prison sentences. These informants make terrible witnesses for the police because they are not only convicted felons they are motivated to lie for the police to get a reduced sentence for their own illegal drug activity. Also they may have entrapped an unwilling participant into the drug trade which is also an illegal under our constitution.
These police violations can result in reduced charges, dismissal or a a complete vindication. You want a lawyer to be on top of the latest defenses that can favorably effect your case. I am experienced, knowledgeable , tenacious and committed to know all these defenses and to assert all your defenses to get the best result possible.
When you hire me as your attorney, I will immediately intervene on your behalf, calling the prosecution to share any information the arresting officer may have ignored or left out. This could make the difference in whether formal charges are filed or potentially dropped.
I will thoroughly evaluate your arrest records and any evidence associated with your case. If the law enforcement officer did not have probable cause to arrest you, or your search and seizure was conducted illegally, I will file motions to suppress evidence or dismiss charges. If litigation is in your best interests, I will skillfully and tenaciously protect your rights in the courtroom.
Drug trafficking is the sale, delivery, manufacture, or, possession of certain drugs over a specified quantity starting at a mere 4 grams of possession. Florida law provides for severe penalties for drug trafficking offenses. Minimum mandatory for drug offenses can range from three years to life in prison, depending upon the quantity and type of drug. Due to the severity of these charges and the draconian penalties they carry, it is extremely important to involve a criminal defense attorney as soon as possible after an arrest.
(a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as “trafficking in cannabis,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity of cannabis involved:
1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000.
2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $50,000.
3. Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.
(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., commits the first degree felony of trafficking in cocaine. A person who has been convicted of the first degree felony of trafficking in cocaine under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149.
(c)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.
2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:
(4) The state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person’s accomplices, accessories, co-conspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.
(5) Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the first degree and is punishable as if he or she had actually committed such prohibited act.
Some of these offenses can be prosecuted federally and include all the above plus illegal alien smuggling, and conspiracy
These particular charges contain the largest amount of defenses because many times the police action violates a citizens right to privacy, self incrimination, right to be free from illegal searches and seizures in our homes, papers and affects. These are rights guaranteed by the 4th 5th and 6th amendments of our constitution. Police must abide by a strict code of police procedure in order to establish “Probable Cause” in arresting an person for this offense. None of these procedures can be violated or omitted.
Many times these cases are orchestrated with the use of confidential informants who are either paid by police, or working with the police to reduce their own prison sentences. These informants make terrible witnesses for the police because they are not only convicted felons they are motivated to lie for the police to get a reduced sentence for their own illegal drug activity. Also they may have entrapped an unwilling participant into the drug trade which is also an illegal under our constitution.
These police violations can result in reduced charges, dismissal or a a complete vindication. You want a lawyer to be on top of the latest defenses that can favorably effect your case. I am experienced, knowledgeable , tenacious and committed to know all these defenses and to assert all your defenses to get the best result possible.
When you hire me as your attorney, I will immediately intervene on your behalf, calling the prosecution to share any information the arresting officer may have ignored or left out. This could make the difference in whether formal charges are filed or potentially dropped.
I will thoroughly evaluate your arrest records and any evidence associated with your case. If the law enforcement officer did not have probable cause to arrest you, or your search and seizure was conducted illegally, I will file motions to suppress evidence or dismiss charges. If litigation is in your best interests, I will skillfully and tenaciously protect your rights in the courtroom.
This is the worst of all allegations against any person when it comes to any employment opportunities. It will prevent you from getting any professional licenses ie.. real estate, mortgage etc. This crime is usually associated with white collar crime. Fraud is considered a crime of “Moral Turpitude” which will result in long lasting effects to your life. However nothing could be further from the truth, most of these cases deal with an administrative agency that frequently make accounting mistakes, and you will pay the price for their errors.
Anytime a consumer is the victim of an intentional deception that is engineered for the purpose of injuring that person financially, it is described as a consumer fraud. There are a variety of different types of consumer fraud that people can find themselves the victim of:
Regardless of the specific type of consumer fraud that someone is victimized by, it is important to note that they are not alone.
There were 24,796 consumer fraud complaints registered through Consumer Sentinel by Floridians in the 2009 calendar year. The victims of consumer fraud in Florida reported total monetary losses exceeding $33.4 million, meaning that the average consumer fraud victim was taken for more than $2,000 (this is significantly higher than the 2005 national average of $350).
The areas of Florida reporting the most instances of consumer fraud in 2009 included:
A person charged with homicide faces a significant amount of time in custody, and in the case of murder, the possibility of never being released from custody. In the extreme case of capital murder, they face being sentenced to death.
There are several types of homicide, ranging from manslaughter to capital murder. In some cases, with the assistance of a very skilled defense attorney with significant resources, a murder case could be reduced to manslaughter, or even dismissed due to legal defenses.
Homicide is the killing of one human being by another, either lawfully or unlawfully. Homicide includes both murder and manslaughter. A killing is lawful if it is done with justification or as a defense to oneself or another person’s imminent threat of being killed.
Murder is defined as the unlawful and unjustified killing of another human being with malice aforethought . “Malice aforethought” is defined as an intention to unlawfully kill a human being. That intention can be either express (such as pulling out a gun and pointing at a person and pulling the trigger after making a statement that they are going to kill the person) or implied by the actions.
DUI Manslaughter is when a person drives a motor vehicle and has previously had either a DUI or a very bad driving record and then subsequently drives and is either DUI, or violating some other code section, and kills another person. Because the driver is considered to have knowledge of their lack of ability to safely drive, the death is considered to be implied malice murder.
Manslaughter is the unlawful killing of a human being without malice aforethought. Manslaughter may be voluntary or involuntary. Essentially, the difference between manslaughter and murder is that manslaughter was the result of an accident, heat of passion, or some other act in which the person does not have the mental state to commit a murder.
Vehicular Manslaughter occurs when a person drives a vehicle and unintentionally but unlawfully kills another human being. This occurs when the owner knows that there is a defect in the vehicle but still drives and someone is killed as a result of the defect in the vehicle.
Voluntary Manslaughter occurs when a person kills another in the heat of passion, without planning beforehand. The classical example is when a person finds their spouse having sex with another person and reacts immediately by killing.
Involuntary Manslaughter, also known as criminally negligent homicide, occurs when a death is an indirect result of recklessness or negligence. This occurs when a person runs a red light and hits another vehicle and a person is killed.
If you have been charged with a homicide offense in Broward, Dade, or Palm Beach County, it is important that you seek the services of a criminal defense attorney with extensive experience with these types of cases. If you have been arrested or are under investigation for this offense in the South Florida area, call me, Thomas Morse. I understand the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail. I have extensive knowledge of the law and the legal system.
Stand Your Ground is a defense that allows a judge to determine the validity of a self defense claim and should always be alleged when defending homicide cases. A person is under no obligation to retreat in the face of a reasonable fear that threatens life or limb, or threatens the same to a family member. I have argued numerous cases regarding this issue, and in some cases the need to defend one’s self is the most important fundamental issue that insulates the accused. it allows people to protect themselves without fear of arrest or incarceration.
With these things in mind, the best way to approach a domestic violence case is to develop a plan that will not only result in the dismissal of the case, but also bring harmony between you and the accuser.
Sexual battery is one of the most serious offenses a criminal lawyer can handle for a client for two reasons. First, the penalties for a sexual battery conviction are very severe. Second, being accused or convicted of a sexual battery carries tremendous social stigma and will require registration as a sexual offender or sexual preditor.From an evidentiary perspective, sexual battery offenses are very similar to simple battery cases because they come down the basic allegation of unwanted, non-consensual, illegal physical contact. The fact that such offenses involve sexuality makes them more severe, but at their core battery cases are all the same.
Thus, as a criminal defense lawyer who handles sexual battery cases, my attention is first directed to the nature and type of unwanted, non-consensual, illegal physical contact being alleged.
OR
That the defendant injured the sex organ(s) of the victim during an attempted sex act upon the victim, which included the penetration of this victim’s anus or vagina with an object.
As is the case with any other criminal offense, the prosecution must prove all three legal elements beyond a reasonable doubt. Therefore, the job of the criminal defense lawyer is to attack the prosecution’s case and present any and all reasonable doubt to the jury.
When the prosecution charges a person with sexual battery on a victim 12 years of age or older, it must prove the following legal elements beyond a reasonable doubt:
As you can imagine, the above listed legal elements describe the crime that is most commonly referred to as “rape.” In these types of cases, the allegation focuses on the victim’s lack of consent for the sex act in question. A lack of consent can have many degrees and come in many forms.
In some cases, the victim gives consent for one sex act, but not another. For example, a victim may consent to having her vagina or anus touched, but may not consent to sex. In other cases, a victim may give consent for the sex act, but then revoke such consent at a later time. In these cases, two people may begin a sex act when one becomes uncomfortable, changes their mind, or simply wishes to stop for whatever reason. If the other keeps going and forces the other to continue against their will, this can be a sexual battery.
Of course, the classic case of rape is when the defendant and the victim are complete strangers and the victim did not consent to any kind of contact with the defendant whatsoever.
Regardless of the type of consent case at issue, consent is legally defined to mean voluntary, knowing, and intelligent consent and does not include coerced submission. The law is also very clear to mention that a victim does not need to physically resist the defendant in order to communicate a lack of consent.
However, it is important to note that unlike sexual battery on a victim under 12 years of age, consent can be a defense when the victim is over 12 years of age. In other words, if the defendant is able to prove that the victim consented or that there is a reasonable doubt about the lack of consent, your jury may be convinced to vote not guilty.
This does not mean that a person can have sexual contact with someone 12 years of age or older but younger than 18. It simply means that they cannot be prosecuted for the offense of sexual battery – victim 12 years of age or older. There are other crimes for having sex with those 12 years of age or older but younger than 18. For example, a person may be charged with Unlawful Sexual Activity with Certain Minors (sex with minors aged 16 or 17) or Lewd and Lascivious Battery(sex with minors 12 years or older, but younger than 16).
The reason for these distinctions will be discussed in greater detail later on. Most importantly, there is a big difference in the penalties one may face. As you can imagine, the younger the victim, the worse the offense and therefore the more severe the penalty.
Stand Your Ground is a defense that allows a judge to determine the validity of a self defense claim and should always be alleged when defending homicide cases. A person is under no obligation to retreat in the face of a reasonable fear that threatens life or limb, or threatens the same to a family member. I have argued numerous cases regarding this issue, and in some cases the need to defend one’s self is the most important fundamental issue that insulates the accused. it allows people to protect themselves without fear of arrest or incarceration.
With these things in mind, the best way to approach a domestic violence case is to develop a plan that will not only result in the dismissal of the case, but also bring harmony between you and the accuser.
This case requires a great deal of attention and detail because of the motivating forces exerted on the alleged victim may be by manipulation of another who has an ulterior motive. I have handled and tried many of these cases and know the proper avenues of argument that will get your charges reduced. Most important is the elimination of the reporting requirement that will stigmatize an individual for life. This stigma will last a lifetime and will have consequences on working, and living arrangements.
There are a variety of nonviolent crimes which are considered to be white collar crimes. The common denominator is that these crimes take place in commercial situations with the purpose of achieving financial gain.According to the FBI, white collar crimes cost the United States more than $300 billion every year. Therefore, people found to be committing these crimes are often harshly prosecuted, especially if the white collar crime violated a federal law.
These crimes are mostly charged as federal offenses and include embezzlement, conspiracy, Fraud and even trafficking in narcotics or illegal aliens. These charges are very serious and require a large amount of investigation and litigation. I have been licensed in federal court for over 18 years and have handled many cases of this magnitude.
Stand Your Ground is a defense that allows a judge to determine the validity of a self defense claim and should always be alleged when defending homicide cases. A person is under no obligation to retreat in the face of a reasonable fear that threatens life or limb, or threatens the same to a family member. I have argued numerous cases regarding this issue, and in some cases the need to defend one’s self is the most important fundamental issue that insulates the accused. it allows people to protect themselves without fear of arrest or incarceration.
With these things in mind, the best way to approach a domestic violence case is to develop a plan that will not only result in the dismissal of the case, but also bring harmony between you and the accuser.
Law Office of Thomas A. Morse, Esq.
1330 SE 4 ave. suite G
Fort Lauderdale, FL 33316
All consultations are FREE!
After hours & weekend
appointments available.