Lakeland Criminal Defense Lawyers

First, I meet with my potential client to make sure that I am the right lawyer for him or her.  A client needs to feel comfortable with her or her lawyer.  This initial meeting is extremely important.  If at this initial meeting a potential client does not have a gut feeling that the lawyer is the right one for the job, then suggest he or she hire a different lawyer.  The relationship must be one of trust.  Once the engagement agreement is signed, then it is time to get down to the business of defending the case. I always begin with reading the statute, even if I have read it hundreds of times and I know it like the back of my hand.   The client needs to understand each and every element that the state has the burden of proving.  If the state cannot prove just one of those elements, then their case is over.  Think of it like a table with four legs.  If one of the legs is cut off, then the table falls.  Therefore, it is important...

DUI’s have been in the news lately, especially with what seems absurd charges like a DUI on a horse !  One might wonder what qualifies as a vehicle? Can a person get a DUI on a horse? What about a bicycle? What about a golf cart? The Florida DUI statute states that in order for a person to be found guilty of a DUI, the person must be found to be driving or in actual physical control of a vehicle.  We can discuss “actual physical control” in another blog post, as our purposes here are to define “vehicle.”  So what is a “vehicle”.  Florida statute defines a vehicle as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices and devices used exclusively upon stationary rails or tracks.”  By this definition a vehicle is any device by which a person or property may be transported.  Devices are manmade.  They are objects.  This definition of a vehicle, whic...

There are 5 very specific types of injunctions, or restraining orders, that you can apply for in Florida.  It is important that you know the difference between them, because if you apply for the wrong one, the injunction can be denied.  On the other hand, if you are defending against an injunction, that is the first line of defense.  Was the proper injunction applied for?  Below is a listing of the types of Injunctions in Florida: 1.       Injunction for Protection Against Domestic Violence – This injunction is specifically for persons who have been the victim of domestic violence or who are afraid of imminent domestic violence.  Domestic violence includes assault, battery, sexual battery, stalking, kidnapping, and false imprisonment. A domestic relationship means that the person is either your spouse, former spouse, related to you by blood or marriage, living with you presently, or has lived with you in the past, or the pe...

So you have been charged with a criminal offense.   You feel like your world is falling apart.  It is a difficult time that affects every aspect of your life.  You need a knowledgeable and experienced attorney by your side.  Hopefully you have hired one.   What can you do to help?  There are several things. First and foremost: do not talk to anyone about your case except your attorney.  You have the right to remain silent.  Use it!  It is extremely damaging to your case if you speak about it with anyone. And it can kill your case if you put anything on social media.  You also have this right even with your attorney.  Your attorney will probably ask you very specific questions.  Think about how your attorney is asking those questions and answer the question that is being asked.  Think of any evidence that you may have. Although the burden to prove their case is on the State, anything that you may have to dispr...

The process of decriminalization of marijuana in Florida is slow, but occurring.  In all there are 14, counties, cities, and/or municipalities that have passed ordinances that give police officers the option to issue civil citations or fines rather than arrest a person who is caught with 20 grams or less of marijuana. It is important to note that in these cities or counties, the choice still lies with the individual officer whether to issue the citation or make an arrest for misdemeanor possession.  Each place’s ordinance varies, so it is important to read the specific ordinance.  Below is a list of places thus far that have passed such ordinances with links to more specific information about the ordinances. Alachua County Broward County Hallandale Beach Key West Miami Beach Miami-Dade County Orlando Osceola County Palm Beach County Port Ritchey Tampa Volusia County West Palm Beach Wilton Manors On a national level, twenty states have en...

In 2014, the Florida Supreme Court protected privacy by ruling that it is a violation of the Fourth Amendment to track cell phone location data without a warrant.  Police departments in Florida and around the country have been using metadata from cell phones to track a person’s location in real time without obtaining warrant.  The ruling also covered the use of StingRays, a technology often used by law enforcement to track people.  This device tricks cellphones into sending it their location information, as it is a cell-site simulator.      The ACLU defended the 2014 Florida decision by saying that it not only gives location information, but the most private information in our lives—like doctor’s visits.  Even though this has been the ruling in Florida since 2014, other states have continued to use StingRays.  However, on September 21, 2017, an appellate court in D.C. ruled with Florida, finding that warrants must be issued prior t...

It may seem like common sense to not want to sabotage you own criminal case, but people frequently do things than can damage their own defense.  Below are the top issues that I have seen to cause problems for clients’ cases: 5. Party Like a Rock Star Your goal during your criminal case is to remain free of any drama.  If you are out drinking, you can end up in a situation which may lead to activities or situations which allowed your criminal charges in the first place.  Drinking may even be a violation of your pretrial release depending upon your charge.  If this is the case, you may find your bond revoked and there will be nothing that your attorney can do to help you.  4. Fail to Show Up Failure to show up for Court is a HUGE issue.  We all have unavoidable issues or accidents arise.  And if that happens once, it is explainable to a judge.  You may get a capias issued, but your attorney can more than likely get it withdrawn. ...

Yes, “sexting” has been defined by Florida law and can been found in Florida Statutes section 847.0141 .  Sexting is when a minor uses an electronic device to transmit a photo or video which depicts nudity and is considered harmful .  It is against the law to solicit and to be the recipient if the recipient does not report specifically to the minor’s legal guardian or to a school or law enforcement official within 24 hours.  A first-time offense is a noncriminal violation.  The minor will receive 8 hours of community service work or pay a $60 civil penalty.    A second-time offense is a first-degree misdemeanor and a subsequent offense is a third-degree felony.    Young adults who may have turned 18, but are still in high school, who engage in the same sort of behavior described above, could be charged with an even more serious sex crime and could possibly be labelled a sex offender the rest of their lives.  Finding a plac...

Pretrial Diversion programs are available usually only to first time offenders to resolve their cases and successful completion results in the State dropping the charges.  The qualifications for these programs do differ from county to county.  First and foremost, the crime the defendant is accused of usually must be a misdemeanor .  In Polk County, the most common charges that defendants are offered diversion for are possession of cannabis , driving while license suspended or revoked , and domestic violence battery .  The second qualification is that the defendant must not have been found guilty of a prior offense.  Diversion usually consists of an evaluation and some sort of counseling, depending upon the charge.  It might even consist of drug testing.  The defendant must pay for the diversion program and all related testing.  The program takes anywhere from a couple of months to about 6 months.  If the defendant can meet the qual...

One of the first conversations I usually have with my clients that hire me for their criminal case here in Polk County usually involves something like, “get the body camera or dash camera footage; it will show you what happened.” Unfortunately, here in Polk County, there are no body cameras or dash cameras.  Our Sheriff has made it abundantly clear that he does not support such technology. However, the National Association of Criminal Defense Lawyers released a report entitled “Policing Body Cameras: Policies and Procedures to Safety the Right of the Accused.”  This report supports police agencies using such technology and makes several recommendations for police departments including: ·         Having clear policies in place that establish when officers are to begin recording (not leaving it up to individual officers). ·         Recordings should be stored for specific time periods and long...

I am often asked one of several questions by people with no understanding of what I do: Why do you defend criminals? How can you do it when you know they are guilty? Don't you feel bad winning when you know you got them off on a technicality? I am very proud of what I do.  I work each and every day to protect people and their Constitutional rights.  I protect them from an overzealous government.  I protect innocent people and people who have made mistakes.  And make no doubt about it, everyone makes mistakes.   I have always been a public servant. I worked for over ten years as a public school teacher.  There did come a point however, when I decided I needed to do more.  I saw kids that I could not reach. They were not going to do their homework for me or learn from me when they weren't safe at home (think back to Maslow's hierarchy of needs ).   When I started law school , I immediately became an intern at the ...

Offense Suspension Murder resulting from operation of a motor vehicle; DUI manslaughter where conviction represents a subsequent DUI-related conviction ; 4 th DUI (See section 322.26, Florida Statutes) Permanent revocation Any felony where a motor vehicle is used; failure to stop and render aid when required in a crash resulting in death or personal injury; perjury to the Department under 322.26; conviction of 3 charges of reckless driving within 3 months; conviction of lewdness or prostitution with the use of a motor vehicle; conviction of any offense where there is the use of a motor vehicle and the Court feels it warrants the revocation of driving; fraudulent insurance claims (See section 322.26, Florida Statutes) Indefinite revocation DUI ; Refusal (See section 316.193, Florida Statutes) Anywhere from 6 months to permanent revocation Fleeing/Eluding law enforcement (See section 316.1935,...

Our founding fathers very specifically crafted the protection against self-incrimination located in the Fifth Amendment with a purpose.  The protection dates back to English common law when the courts sought to prohibit the use of inquisitorial methods of interrogation.  By the late 1700's, Parliament had begun to recognize the presumption of innocence.  Of course, these ideas were carried over into colonial America and adopted into our Constitution. Through decisions of our Supreme Court, the protection of the Fifth has been well grounded and preserved.  Justice Frankfurter, in Ullmann v. United States , 35 U.S. 422 (1956), stated: "This constitutional protection must not be interpreted in a hostile...spirit. Too many, even those who should be better advised, view this privilege as a shelter for wrongdoers. They too readily assume that those who invoke it are either guilty of crime or commit perjury in claiming the privilege. Such a view does scant honor to the...

If you have been pulled over for a DUI , failed the field sobriety exercises, and told you are under arrest, the next step is submission to a breath test.  You will be asked if you will submit to a breath test.  You can refuse.  You have to determine if this is the best choice for you in the moment.   If you refuse to submit to a breath test, your driver's license will automatically be suspended for a year in Florida.  If it is your second refusal, the Department will suspend your driver's license for 18 months and the State Attorney's office can charge you with a first-degree misdemeanor just for the refusal.  Driving is considered a privilege in Florida, not a right. DUIs can be proven without a BAC, blood alcohol content level. The statute reads that a person is guilty of driving under the influence if the person: 1) is in actual physical control of a vehicle, AND 2) a) the person is under the influence of alcoholic beverages, any chemical sub...

Documenting our lives on social media has become second nature.  When an event occurs, we immediately take a picture and post it to some sort of social media account.  Most people do not consider the legal consequences of what they put on their social media accounts. I recently put a meme on Instagram that read, “Dance like no one is watching; email like it may one day be read aloud in a deposition.”  I would apply this quote to all social media outlets.  If you would not want what you are about to post to be read aloud in a deposition or shown to a jury one day in open court, it is probably best not to post it. The courts have had to rule on privacy issues when it comes to Facebook and other social media outlets.  The trend has been, in federal courts and in Florida, that if you choose to post something on social media, you are waiving your privacy , even if you have your privacy settings set to the most private.  The courts have rationalized that you...

Yes, for most people it is possible to reinstate your driver's license. If you make a mistake and only have one DUI conviction, Florida statute requires the revocation of your driver’s license for 180 days to 1 year.  Sometime prior to the expiration of the revocation period, you may apply for hardship license .  In order to be approved for a hardship license, you must first complete DUI School and treatment, if required. If you have a second DUI conviction outside of a five-year period, Florida statute requires the revocation of your driver’s license for 180 days to 1 year.  Unfortunately, you are NOT permitted to reinstate early for a hardship license.  You must wait the full period of time in which the judge suspends your license before applying for reinstatement of your driver’s license. If you have a second DUI conviction within a five-year period, Florida statute requires the revocation of your driver’s license for 5 years.  You are permitted to ap...

Domestic Violence abuse is a serious allegation and nothing to joke about.  The unfortunate truth is that many innocent people are falsely accused each year of domestic violence crimes . The reason is because all it takes is a phone call to 911 and an allegation, and someone is going to jail. For example, the definition of domestic violence battery is any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person (a family or household member).  As you can see, nowhere in the definition does it say that the alleged victim must have actually been harmed.  The statute uses the word "or."  Because of this language, a "he said / she said" situation may occur, and someone ends up getting arrested and charged with domestic violence battery. In addition, the decision to prosecute is not up to the alleged victim.  That decision is ultimately up to the State Attorney's office.  The S...

Many people are taught growing up that they must be respectful to police officers and submit to their authority.  Police officers do come into harm's way quite frequently and work hard to protect society as a whole.  However, respecting police officers does not equate giving up your rights. You have a right to privacy that is specifically protected by the Florida Constitution.  You also have a right to freedom from unreasonable search and seizure .  This right is fundamental as it is guaranteed by the U.S. Constitution's Fourth Amendment.  The police cannot violate this right without a warrant unless one of the following circumstances occurs: 1.  You have given the officer consent to search, 2.  The officer has probable cause to believe there is evidence of a crime in your vehicle (probable cause must come from specific facts and circumstances, rather than simply from the officer's gut feeling or suspicion), 3.  The officer reasonably believ...

By now many of you have probably seen the video of the Uber driver/lawyer who was pulled over by police and told he could not record the officer.  The police officer told the lawyer to turn it off or he'd take him to jail.  The police officer also told the lawyer that it was a new law that was recently passed. None of these statements made by the police officer, however, were true. The lesson here is that the police can lie to you at a traffic stop.  It is important for you to know your rights and remain calm and respectful to prevent unnecessary charges, an arrest, or something worse. In Florida, you can videotape the police, if they are on duty, in public, and you are not interfering with their ability to do their job.  The Eleventh Circuit Court of Appeals has ruled that people have a First Amendment right to record police in public unless they infringe on an investigation.  There is one gray area, however, and that is with audio.  State law require...