At an arraignment, it is possible for the prosecution to waive or eliminate the possibility of jail time for the defendant. If there is no possibility of jail time, the defendant may not be entitled to a court appointed attorney. In addition, the defendant may not be entitled to a trial by jury. In that case, the judge would be the trier of the facts as well as the law. The defendant would most likely be tried by the judge.
Once the arraignment is completed, the defendant prepares for trial and sets a pre-trial date. At pre-trial, the prosecution may make an offer to the defendant to plea to a lesser charge or to the charged offense without suffering the maximum penalties (plea bargain).
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 the prosecution and the defense. Topics discussed include plea bargain opportunities, strengths and weaknesses of the prosecution’s case, pretrial motions and intangible factors of the case, such as the defendant’s character and past history.
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.
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
The two words every defense attorney loves to hear – “Not Guilty.” The next best two in line are “case dismissed.”
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. In addition, in some jurisdictions the court may ask for a report from the probation department prior to sentencing the defendant.
One of the most commonly charged criminal offenses in South Florida is misdemeanor assault (also known as ” aggravated assault a 3rd degree felony). Allegations of assault can arise from a number of ways, including through the use of verbal threats or attempting to touch in harmful ways another person against their will.
Under Florida Laws, the definition of assault means that a person is accused attempting to hit, slap, bite, pinch, kick, poke, push or verbally threatening another person. If an assault weapon is used or serious injury results from the contact, aggravated assault or battery or both can be charged.
Misdemeanor assault charges in Florida can result in serious penalties and repercussions if a conviction occurs. Assault third degree is a first degree misdemeanor which includes a statutory maximum penalty of:
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.
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 person charged with this offense can face a maximum of 1 to 30 years in prison if convicted of this offense.
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.
Harmful or offensive touching on the alleged victims may be hard for the prosecutor to prove.
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.
Domestic Violence is handled by a special division within the state’s attorney office and is assigned a special courtroom. These prosecutors only deal with domestically related battery assaults and stalking.
The relationship that you have with a family member or significant other generally dictates the results of these cases. Domestic violence requires special treatment due to the emotional state of all concerned parties. What alleged victims say in anger has resulted in your incarceration with criminal charges.
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.
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.
According to Fla. Stat. § 316.193, a DUI can result in misdemeanor of the first degree.
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.
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.
Possession is defined in Florida as either actual or constructive possession.
Actual possession occurs when someone has physical control of the marijuana, or it is directly in their custody. This can include if the cannabis is in a clothing pocket or in a purse on a person’s body.
Constructive possession usually requires the individual’s knowledge the cannabis was in their presence, knowledge that the cannabis was an illegal substance, and they had the ability to control the cannabis or take actual possession of the cannabis.
Since actual or constructive possession is a required element to a cannabis possession charge, if the prosecutor is unable to show you had any type of possession of the cannabis, the charges may be dismissed or dropped. Constructive possession is typically much harder to prove than actual possession, because the prosecutor has to show that it was within your control and that you were aware that it was in fact cannabis. This presents a problem for the prosecutor that may result in your charges being dropped or dismissed. Call me I have vast experience to get this result for you.
Simple cannabis Possession Penalties
According to Fla. Stat. § 893.13(6)(b), a simple cannabis possession can result in misdemeanor of the first degree.
If an individual is convicted of a simple cannabis possession offense, they can receive a jail sentence up to one year and/or fines not more than $1,000.
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 two years without being eligible to receive a provisional or work-related license for the first year.
Collateral consequences of a simple marijuana possession charge can include:
There may be applicable defenses to your cannabis charges that can be used in your particular situation. However, it is imperative to speak to a criminal defense attorney who will help you determine your best defense for the cannabis charges against you.
Miranda Warnings – The law enforcement officer who arrested you may have violated your constitutional rights. For example, if the officer failed to give you Miranda Warnings about your right to remain silent or your right to an attorney, your constitutional rights may have been violated.
Arrest Without Warrant – Law enforcement officers are required to follow certain procedural requirements, including obtaining a warrant for arrest unless an exigent circumstance exists.
Illegal Search and Seizure – Law enforcement officers are required to not perform illegal searches of your home, person or vehicle or illegal seizures of anything found from those illegal searches. If the officer conducted an unlawful search and seizure, your attorney may be able to file a motion to suppress evidence illegally obtained.
Possession – If you did not have actual or constructive possession of the cannabis, your attorney may be able to file a motion to dismiss the drug charges against you because possession is a required element to a marijuana cannabis charge.
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