Articles Posted in Criminal Defense

Per the Pinellas County Sheriff’s Office, “Operation flush out”, an undercover unlicensed contracting sting, was a smashing success…

Taking place between Saturday, August 4 to Monday, August 6, this secret operation took place on 54th avenue near 27th street in Saint Petersburg, Florida.  The deputies put out advertisements asking for contracting help.  When the operation was over, 29 people were arrested for over 60 counts including  unlicensed specialty contracting violations, worker’s compensation fraud, and various other criminal charges unrelated to unlicensed contracting such as drug possession and outstanding warrants.

What is unlicensed contracting?  It is exactly what it sounds like.  After the local newspaper  wrote a 2017 expose on the practice of painters, roofers and other construction practices working on people’s homes without the proper license, the Sheriff was quick to get involved.  This has been his third sting since last October and he claims that south Pinellas is a hotbed for this illegal activity.

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Are you a military veteran with court costs, fines or even warrants?  Then this Saturday, April 14, 2018 may be for you!  The annual VA stand down event is taking place at the C.W. Bill Young VA Medical Center, 10000 Bay Pines Blvd, Bay Pines Fl 33744.  This event is from 8:30 a.m.-1:00p.m.

You must register via phone at 727.464.6446 or email pdvastanddown@wearethehope.org before April 11, 2018.

What is this event?  This once a year program helps veterans by reducing/eliminating certain court costs/fines and they may be able to get minor warrants dropped completely!

By reducing/eliminating tickets, court costs or warrants, many veterans will be able to get their driver’s license back, avoid jail/arrest and may be free to start job hunting again. Continue reading

In a criminal case, there are many technical and procedural rules that can affect your case. Sometimes, those rules may serve as an impediment to your case, but, at other times, those rules (and the proper utilization of them by your Florida drug crime attorney) can be massively beneficial to your case. For one man facing drug charges in DeSoto County, the rules related to determinations of mental competence and plea bargains gave the defendant a renewed opportunity in his criminal case to escape from the plea deal he’d previously made.

The defendant, George, was arrested in December 2013 and charged with multiple crimes related to drugs and to resisting police officers. Eighteen months later, George was determined to be not competent to proceed. Some time later, two doctors determined that the defendant was competent. The court set a trial date, and, on the day of trial, the defendant agreed to a plea deal. He pled guilty to four charges and received a sentence of 36 months plus 24 months’ community control.

The defendant later sought to invalidate his plea agreement. The defendant noted to the court that, although two doctors had found him to be competent, there had never been a court order entered in which the judge declared him to be legally competent, so his plea deal was involuntary. The trial judge rejected these arguments and declined to void the plea agreement.

There are a lot of things anyone should understand when being questioned by the police. First and foremost, when the police are asking you questions, they’re often not there to help you; they’re seeking to obtain information that will help secure an arrest in a criminal matter. That’s not intended as an insult to those who wear the uniform, but it’s just a statement of fact –- that it is the job of the police to investigate potential crimes and, when appropriate, make arrests. Thus, unless the officer who approached you did so because your car has a flat tire on a busy highway, the chances are that the “helpful” officer talking to you is actually trying to get useful information relevant to a case on which they are working.

Also, be aware that whatever you say is likely to be regarded with suspicion by an officer, even if they give no outward signs of that or even appear empathetic. As the main protagonist of a popular TV show set in Florida once opined, “spies spend their lives telling lies, [while] cops spend their careers listening to them.” All that is to say that, when you find yourself being questioned by law enforcement officers, your first instinct should be to protect yourself legally, and that means getting a lawyer. A recent Fourth District Court of Appeal ruling in a South Florida case provides a useful example of this.

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In criminal cases, jury trials demonstrate the “human element” that comes with involving a group of everyday people who come together to serve as jurors. On the opposite side of that sometimes unpredictable “human element” are the rules of procedure. Sometimes, in dealing with juries, a judge may make a mistake that runs afoul of these rules. Part of pursuing the strongest possible defense is making sure that, when this type of mistake occurs, you ensure that the mistake does not unfairly harm your rights.

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A government report that was just released showed that state laws/regulations regarding teen driving has actually contributed to a large decrease in crime.

Starting in the early 90’s a few states passed GDL (graduated driver licensing) laws, making teenagers gain experience driving before they could become fully licensed drivers.  As of this writing, all 50 states have some form of GDL.  Now, research has suggested that these laws have contributed to fewer teenagers being arrested for nontraffic-related crimes.

State GDL laws, limiting teens ability to drive at night, have led to fewer kids being arrested for battery and burglary.  In effect, driving curfews have cut down teenagers being out in the dark when the majority of violent crimes and home invasions take place.

When these laws were first being passed, the effect on crime was not a consideration.  The sole purpose was to improve teen safety.  These findings, if correct, are just a happy bonus.  This protects both the public and keeps kids out of the juvenile criminal court system.

Still, this study is new and more correlation is needed.  Yet so far, studies have shown that introduction of the GDL has reduced total arrests of 16- and 17-year-olds between 4 and 6 percent.

It appears that the nighttime driving restriction is the main reason behind the crime reduction.  States in which driving curfews are not lifted until 17 or 18 see an even larger drop in arrests for 16-year-olds.

The study also shows certain crimes drop more then others.  The FBI tracked nine of the most serious crimes and found various degrees of change.  For instance, theft crimes dropped between 5 and almost 7 percent.  Aggravated assault charges dropped between 4 and 6 percent.  Even murders saw a decline.  However, other crimes such as grand theft auto and sexual battery saw little to no change.

These results were determined by comparing arrests between juveniles and 18-24-year-olds acting as a control group.  They were then cross checked between each state and particular age groups for each year between 1995 and 2011 while taking into consideration other law changes.  The conclusion?  Fewer teens driving at night means fewer arrests.

The report also found that traffic enforcement by police played a role as well.  Depending on the state and the particular rules, many teens were ticketed or charged with driving at night.

One final bit of good news.  It appears that the GDL restrictions had a part in lowering teenage traffic deaths.  The study showed that the longer kids had to wait for their driving licenses or permits, the lower the state’s teen driving fatalities.  The much stricter nighttime driving restrictions also yielded lower auto deaths. Continue reading

One of the most common mistakes we come across is when people are first arrested.  Many people make the mistake of waiting until their first court date before hiring a criminal defense lawyer.  They figure that once they are arrested, they automatically are charged with a crime so what is the use?  This is not correct and in fact having a lawyer represent you BEFORE your first court date can be extremely beneficial.

In the State of Florida, the vast majority of people who are charged with a crime either receive: (1) a citation or (2) an Information is filed against them.

A citation is typically issued for traffic offenses (such as speeding or running a red light) or a misdemeanor criminal traffic offense such as a DUI. For a citation, the police officer who conducted the investigation will issue a citation to the accused person and file an identical copy with the clerk of court. In this scenario the prosecutor plays no role in the charges being filed. The moment the police file the citation with the clerk, the person is formally charged with the offense for which it was issued.  A criminal defense lawyer is still important at this time.  Even after the citation is filed, your lawyer can still negotiate with the prosecutor to reduce the charges or perhaps have them dismissed completely.

The second and by far the most common type of charging document is called an “Information“. The vast majority of misdemeanor and felony offenses in Florida are charged by information.

While the police make arrests, they do not charge suspects with crimes.   A suspect does not become a Defendant unless and until the prosecutor files an Information with the Court.  In Pinellas County, this can happen in one of two ways. A police officer may investigate an alleged crime but not make a physical arrest.  This may be because the suspect has fled the scene, there is not enough evidence to make an arrest or in the case of fingerprints or DNA, it will take time to identify the suspect. In this example the police meet with the prosecutor and present all the evidence the officer has obtained, including physical evidence, statements from witnesses, and sometimes statements from the accused. The prosecutor has complete discretion to file charges.  If he or she thinks there is enough evidence to proceed, the assistant state attorney drafts an Information and an arrest warrant, filing both with the clerk. Only when the suspect is located by police and taken into custody, the prosecution of that person begins.

In other cases a police officer will make a physical arrest of the accused person and take him or her to jail. The police officer will thereafter meet with the prosecutor and present the evidence.  Just like the first scenario, the prosecutor will determine whether there is sufficient evidence to proceed.  A good prosecutor should determine if he/she will be able to prove the allegations against the defendant “beyond a reasonable doubt”.  If the prosecutor thinks so, he or she will file an Information, and the prosecution of the case starts.

In either scenario, if the prosecutor decides the evidence is not sufficient, or there is not a reasonable likelihood of successful prosecution, the state can file a document called a “No Information”. If a “No Information” is filed, the accused person is not charged and the matter is dropped. If the accused was arrested on the charge and unable to post bond, they would be released upon the filing of a “No Information”.  In Pinellas County, the assigned prosecutor usually needs to provide the reason they elected not to file a case.  There are many reasons such as lack of evidence, conflict in the evidence, and the victim or witnesses declining to press charges among others.

In Pinellas County, the prosecutor who makes the filing decision is typically the prosecutor assigned to the case until it is resolved. This puts more pressure on the prosecutor to make accurate filing decisions.  If they file haphazardly, the prosecutor may be stuck with cases that have potential evidence problems.

This is where having an aggressive criminal defense lawyer on your side can help you.  Instead of waiting for charges to be filed, your lawyer can be meeting with the assigned prosecutor and getting your side of the story out to them.  The prosecutor will almost always be open to hearing and considering additional information about your case from the defendant’s attorney. From the time of the arrest to the filing of an Information, there is usually a four to six week gap.  This time period is when your lawyer can have the most impact on the prosecutor’s decision in your case.  This gap gives your attorney time  to speak with the prosecutor and provide them additional information in an attempt to convince the prosecutor to not file an Information or to reduce the criminal charge.

Once the Information is filed, the case can only be dropped by the filing of a “Nolle Prosequi” by the assigned prosecutor.  This is not common and rarely happens in most counties.  If you or a loved one are arrested, any delay in retaining an attorney to fight on your behalf could put you at a significant disadvantage.

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