I Criminal Defense I Personal Injury I DUI Offenses I Drug Possession I CriminalSeal/Expunge I

Criminal Defense

What a Good Criminal Defense Lawyer Does
When faced with a serious criminal charge, it’s almost always important to have an experienced lawyer on your side.

Defendants faced with the possibility of going to jail or prison should almost always hire an attorney, unless they qualify for the free or reduced-fee services of a public defender or court-appointed attorney. The truth is, no matter what the person’s intelligence or educational background, the criminal justice system makes it virtually impossible to do a competent job of representing oneself. Each criminal case is unique, and only a specialist who is experienced in assessing the particulars of a case -- and in dealing with the many variables present in every criminal case -- can provide the type of representation that every criminal defendant needs to receive if justice is to be done.

Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers:

• Negotiate “deals” with prosecutors, often arranging for reduced charges and lesser sentencing (by contrast, prosecutors may be uncooperative with self-represented defendants)

• Formulate sentencing programs tailored to a client’s specific needs, often helping defendants avoid future brushes with the criminal justice system

• Help defendants cope with the feelings of fear, embarrassment and reduced self-esteem that criminal charges tend to produce in many people

• Provide defendants with a reality check -- a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor’s offered “plea bargain”

• Are familiar with important legal rules that people representing themselves would find almost impossible to locate on their own, because many criminal law rules are hidden away in court interpretations of federal and state constitutions (for example, understanding what may constitute an “unreasonable search and seizure” often requires familiarity with a vast array of state and federal appellate court opinions)

• Are familiar with local court customs and procedures that aren’t written down anywhere (for example, a defense lawyer may know which prosecutor has the “real” authority to settle a case, and what kinds of arguments are likely to appeal to that prosecutor)

• Understand the possible “hidden costs” of pleading guilty which a self-represented person might never think about

• spend time on a case that a defendant cannot afford to spend

• Gather information from prosecution witnesses, who often fear people accused of crimes and therefore refuse to speak to people representing themselves, and

• Hire and manage investigators, who may be able to believably impeach (contradict) prosecution witnesses who embellish or change their stories at trial.

Personal Injury

Personal Injury Awards
One of the types of property the couple sometimes needs to divide is a personal injury damage award. If, for example, the husband or wife were involved in an auto accident for which someone else was a fault, the party who was injured might receive (or be entitled to receive in the future) a sum of money for the damages. When the couple divorces, the question arises, who is entitled to the damage award?

States take different approaches to the issue. Some states view the award as separate or nonmarital property. Thus, all of the damage award belongs to the injured party. Courts in those states reason that the injury was suffered by only one spouse, and the damage award was designed to make the injured spouse whole. Therefore, all of the damage award belongs to the injured spouse.

In some personal injury lawsuits, there are two damage awards: one for the spouse who received the physical injury and another damage award for the spouse of the injured party to compensate that spouse for loss of companionship or consortium that resulted from the injury. (Loss of consortium refers to loss of sexual relations and, under some definitions, the term also refers to loss of general companionship.) If a state treated damage awards as separate or nonmarital property, each spouse would be entitled to his or her own damage award, but they would not be entitled to any portion of their partner’s award.

Other states treat damage awards as marital or community property, which means the court can divide the award between the husband and wife. Courts in these states reason that the damage award arose from something that occurred during the marriage and was going to benefit the entire family; therefore, the award should be treated as marital property. In practice, courts in these states are likely to give more of the damage award to the injured party, but the court has the power to allocate some of the award to the other spouse.

In other states, there is mid-ground approach that focuses on the type of damage award. Many personal injury damage awards (particularly those set by a judge or jury) are divided into parts. Depending on what type of damage award is given, the payment may go to the injured party or to the parties jointly. Payments for medical expenses are likely to go to whichever party will pay the medical bills; payments for pain and suffering are likely to go to the injured party who experienced the pain and suffering; and payments for lost wages may go to both parties since the wages would have benefited them both.
Guide to Family Law - Copyright © 1996, 2000 American Bar Association

DUI Offense

Most DUI cases contain three major components:

1. The Breath Test
Florida law prohibits the operation of a vehicle at an unlawful blood alcohol level at the time of driving - not at the time of breath testing! I will explore every possible avenue with you in determining what your true reading should have been.

2. The Video
I will order a copy of the video so we can review your performance together. Your performance on the field sobriety tests can depend on numerous factors such as any physical disabilities, prior injuries, the surrounding atmosphere and conditions you performed these tests in and simply whether you were just nervous or scared.

3. The Police Reports
The Arrest Affidavit you received IS NOT the police report. I will immediately order a copy of this so we can review it together. Once we get to that point, we can determine if the officer’s report is accurate and consistent with your recollection and any passengers you may have had with you.

Was a full and fair investigation done before your arrest was made? Did the police have a valid reason to pull you over? Were any of your rights violated?

WORK PERMITS
Florida law allows the police to take your license if you refused a breath test or took the test and had a reading of .08 or higher.

It is possible to win your driving privileges back even though your license was confiscated and before your case has been resolved.

DON’T DELAY! You only have 10 days to file for a formal review of your license being suspended. I include an Administrative Review hearing in my fee!

Drug Posession

Federal and state drug possession laws make it a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, “club drugs,” and heroin. These laws also criminalize the possession of “precursor” chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use. Drug possession laws vary according to drug type, amount, and geographic area of the offense. Possession of small quantities may be deemed “simple” possession, while possession of large amounts may result in a charge of presumed “possession with intent to distribute.”

Criminal Seal/Expunge

Definition of Sealing of Criminal Records
Arrests that result in a finding of guilt but with a withholding of the adjudication of guilt (the conviction) can be sealed and thus removed from public records. Not all offenses qualify for this relief. If the adjudication of guilt was withheld then you have a good chance that you qualify to have your arrest history sealed under Florida law.

Definition of Expungement of Criminal Record
All arrests that result in a dismissal or nolle prosequi (State drops case) can be expunged so long as you have never been adjudicated guilty or delinquent for any other arrest. The expungement process can begin immediately after the dismissal. Expunging a criminal arrest record means to remove that arrest record from being a public record. An expungement may be the best way to guarantee that a past mistake does not come back to haunt you.

Get your criminal arrest history record sealed or expunged today before the day arrives that requires an expungement in an unrealistic amount of time (most sealings/expungements take between 6 and 8 months to complete). A single arrest can have devastating results to your career, salary, and job placement, especially if your are between jobs, just graduating college or high school, or looking for a promotion. Don’t let that mistake haunt you for the rest of your life. By having a criminal arrest history Sealed or Expunged the Florida Legislature allows you to legally state that you have not been convicted or arrested for that particular offense.

Florida is among several states that allows a person arrested for a crime to either seal or expunge it from their criminal history record - removing it from official background checks and allowing that person to deny and fail to acknowledge that the arrest ever occurred. Please read below:

Florida does not have any time limits to begin the sealing or expungement process. However, the laws change and everyone with an arrest on their record should get it sealed or expunged while the laws allow it. Waiting will not make it go away and often waiting jeopardizes the ability to expunge or seal your record.

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