Criminal Defense
In America you are presumed innocent until proven guilty. But if you are wearing handcuffs, it may seem that everyone thinks you are guilty and you have to prove your innocence. If you are facing criminal charges, your most basic freedoms are in jeopardy. Do not face the power of the prosecutors and police alone. You need an aggressive, intelligent and experienced attorney to guard your rights as you resolve your case. I have years of experience defending clients against charges ranging from misdemeanor trespassing to murder.
Beware! Police officers are paid to solve crimes by arresting people. Do not help them to arrest you by being fooled into thinking that the police want to hear your side of the story. Your statements may be twisted by police and you may find yourself in jail. Always follow this advice with police when they are investigating a crime: give only your name, state that you are going to remain silent and you want an attorney.
What should I do if the police want to question me?
Give your name and then tell the officer you will not talk and that you want an attorney now.
What do I do if I am arrested?
Be calm and do not give the police any reason to charge you with additional crimes. The crimes of resisting without violence and with violence are often added on if the arrestee so much as resists the handcuffs.
Remain silent. You may give the police your name and nothing else.
Ask for an attorney immediately.
What do I do if the police interrogate me?
Tell the police you are going to remain silent and you want an attorney now.
Do not talk to yourself in the interrogation room. You are being recorded.
Driving under the Influence: Florida Statute Section 316.193. The potential penalties for DUI range from up to six months in jail for a first conviction to 30 years for DUI manslaughter with failing to render aid. DUI is a serious crime and multiple convictions increase the penalties.
Theft: Florida Statute Section 812.014. The first theft of property valued at less than $100 is a misdemeanor of the second degree, and subject to imprisonment for no more than 60 days. Penalties increase with the amount of the property stolen. The penalty for theft of property valued at $100,000 or more is a first degree felony, punishable by up to 30 years in prison.
Assault and Battery: Florida Statute Section 784. Assault, the threat to commit violence against another person with the ability to carry it out, is a second-degree misdemeanor. Battery can range from a first-degree misdemeanor punishable up to one year in jail. Simple battery increases to a felony if the victim is over age 65, a law enforcement officer, a firefighter, detention officer, or school board employee becomes a third-degree felony with a potential felony up to five years in prison. Battery with a deadly weapon or battery that causes great bodily harm is a second-degree felony punishable by up to fifteen years in prison. Domestic battery receives special attention from police and the courts. When the police are called out to a home for domestic battery, it is often difficult for them to decide who is the aggressor and who is the victim. Nevertheless, someone will be arrested; it may even be the person who called the police!
Sex Offenses: Florida Statute Section 794.011. Sexual battery includes oral, anal, or vaginal penetration or union with the sexual organ by another person or object. The penalty for sexual battery ranges from a second-degree felony punishable by up to fifteen years in prison to sexual battery on a person under 12 years of age, punishable by up to life in prison. Other sex offenses include lewd and lascivious acts, Florida Statute Section 800.02, exposure Florida Statute Section 800.03, and lewd and lascivious acts or assault with a child, Florida Statute Section 800.04. These crimes range from masturbation in public to sadomasochistic abuse.
Homicide: Florida Statute Section 782.04. Murder is the unjustifiable killing of another person. Murder without intent is a second-degree felony. Murder in the first degree is punishable by either life in prison or death.
Drug Crimes: Florida Statute Section 893. Only two drug charges are misdemeanors. Possession of a small amount of marijuana or possession of drug paraphernalia are first-degree misdemeanors, punishable by up to a year in jail. You may think that it’s only a little weed, no big deal. However, in Florida if you are adjudicated guilty of possession of the smallest amount of marijuana, you will lose your driver’s license! It does not matter whether or not you were in a car when the police found the weed.
All other drug crimes are felonies. Possession of cocaine is a third-degree felony, punishable by up to five years in prison. The charge of trafficking of illegal substances can be punished by up to life in prison. There are many minimum mandatory sentences
for drug charges. For example, trafficking of over 25 pounds of marijuana carries a minimum of three years in prison, even if the defendant had no prior convictions.
Sentencing
In Florida felony convictions may result in mandatory prison terms depending up on the severity of the offense and the defendant’s past record. First degree misdemeanors can result in up to a year in the county jail. If the defendant does not score mandatory prison, he may be put on probation. The probation may have conditions such as a curfew, drug testing, and counseling. 10-20-Life, Florida Statute Section 775.087, enhances penalties for crimes when a gun is present or fired. Under this statute, if convicted of some crimes and the defendant possessed a gun, the penalty is a minimum of 10 years in prison. If the gun is discharged, the penalty rises to 20 years. If the gun is discharged and causes death or great bodily harm, the penalty increases to 25 years to life in prison.
Criminal Defense of These Crimes
Murder
Federal Crimes
Burglary
Domestic Battery
White Collar Crime
Sex Crimes
Computer Crimes
Drug Possession, Sales, & Trafficking
Robbery
Assault and Battery
Juvenile Delinquency
Money Laundering
DUI
Theft
Tax Evasion
Trespassing
Manslaughter
RICO
Deadly Weapons and Gun Charges
Driving Charges
Violation of Probation
All Criminal Charges, State and Federal Courts