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. ...