Tampa Criminal Defense Attorneys - (813) 228-7095

Domestic Violence Injunction Attorney Brings About Dismissal Through Negotiation

2011-06-01T21:03:16Z

The Client was exhibiting manic behavior that terrified his wife. According to the petition, the client was discussing purchasing firearms. He had also been placed in the Baylife Crisis Unit for a bi-polar disorder. It was clear that he was unable to understand his own mental illness. Intense negotiations began discussing how we might satisfy the petitioner (wife) that her husband was lucid and control of his behavior. After investigating the facts of the case we determined that the allegation involving the purchase of firearms was false. However, the petition certainly contained facts which were problematic for the client.

It was clear that the only avenue to a dismissal of the injunction was through the Peititioner (wife). Many times trial is the only option because the two sides are at an impasse, and emotions are running high. Here, the wife agreed to voluntarily dismiss her injunction if her husband would agree to receive counseling and continue his medication. Her demands were met and she agreed to dismiss the injunction.

Negotiating with the Petitioner is very advantageous under certain circumstances. If handled the right way it can bring about a dismissal.

To find out more about domestic violence injunctions call us at 813-228-7095 or link to us at tampa criminal attorney.

Tampa Criminal Attorney discusses Dismissal of Resisting and Public Intoxication Charge

2011-05-25T17:28:16Z

The client was charged with Resisting without violence and disorderly intoxication. He was attending his own wedding at the Tradewinds Hotel at St. Pete Beach, Florida when things got out of control. The client became intoxicated at one of the hotel bars and became belligerent. He was asked to leave by hotel security, but initially refused. He eventually left after a brief verbal altercation with the manager. As he exited the hotel lobby he was confronted by St. Pete Beach Police and more hotel security.

This particular hotel is quite large, and is not unfamiliar with these situations. It is a destination for beach goers and many tourists. In this particular case it appeared that the Hotel overreacted to a situation that had already subsided. As we pointed out the client had left the bar and was posing no threat to anyone. Despite that fact he was confronted by St. Pete Beach Police and more security. The client was an imposing figure to security. A former college football player. While his size should be unimportant to these facts we feel it played a large role in his arrest. Before he left the bar he mouthed off to the manager. This disrespect led to more police intent on putting our client in his place.

As the client was simply returning to his room he was confronted with the St. Pete Beach Police and hotel security who ordered him to get on the ground. The client refused because he had done nothing wrong. This fact becomes very important in the resolution of this case. While the client was arrested for Resisting a Police officer Without Violence you cannot be convicted for resisting an unlawful arrest without violence. In other words if the law enforcement officer is unlawfully arresting a suspect he can lawfully resist, as long as he does so without violence. This same rule does not apply in regards to resisting an officer with violence. You can never resist a law enforcement officer with violence. Even if his arrest is unlawful.

Nonetheless, when the police arrived they immediately drew their tasers. The police claimed that the tasers were drawn because our client clinched his fist. This fact was disputed by our client and his witnesses. When the client refused to get on the ground he was tased. He was eventually arrested for Resisting an officer without violence and disorderly conduct.

The disorderly conduct charge also proved difficult for the state to proceed on in that the charge requires the defendant's conduct to cause a disturbance which causes other's to gather. The disturbance in this case never caused anyone to gather, and was triggered by the law enforcement officer's handling of the situation.

To learn more about resisting without violence or disorderly conduct call us at 813-228-7095 or link to us at tampa criminal attorney.

Criminal Attorney in Tampa Discusses Early Termination of Probation

2011-05-09T16:05:32Z

We were able to convince the Court to terminate our client's probation recently. He was originally sentenced to fifteen years of probation for Driving Under the Influence with Serious Bodily Injury and Property Damage. Most Courts will consider terminating supervision once the probationer has completed all the conditions and has reached the half-way point. However, every case is different. A judge may terminate someone's probation even earlier if the probationer's performance has been exceptional.

Here, the client paid the victim back all the restitution, and completed every other condition on probation. The victim was opposed to terminating the client, but we were able to convince the Court that further probation was pointless.

The client's probation was terminated. Link to our website to learn more about violations of probation in Tampa or call us at 813-228-7095.

Criminal Attorney in Tampa discusses Dismissal of Battery Charge Against Security Guard

2011-05-05T19:21:33Z

The client operated a security company that was employed to secure an apartment complex at 302 Tinsley Circle in north Tampa. He retired from the Hillsborough County Sheriff's office and had an extensive background in law enforcement. Earlier this month, at around 8 pm, our client was confronted by an unknown Hispanic male in the parking lot of the apartment complex. The unknown male acknowledged he didn't live in one of the apartments and refused to give his name. When our client (defendant) asked the unknown male to leave the complex he moved towards him. The client pushed him away. Police arrived on scene and took statements.

Many times police are unsure about making an arrest. When they are unsure whether they have probable cause to arrest the police can collect witness statements and other evidence and supply it to the State Attorney's Office. Once they receive the evidence the prosecutor can evaluate the facts and decide on whether to file a criminal charge. In this case the state attorney filed a battery charge against our client. It is always beneficial to contact a criminal attorney as soon as possible. Many times it is easier to resolve a criminal charge before it is filed as opposed to after the State Attorney makes a formal filing decision. The prosecution had already filed a battery charge when the client retained our office.

In this case, we set the client's case for trial. The State Attorney was unable to move forward and the charge was dismissed. If you need more information about the criminal offense of battery or domestic battery you can reach us at 813-228-7095 or link to us at tampa criminal attorney.

Tampa Criminal Attorney Discusses Dismissal of Child Abuse and Domestic Violence Charges

2011-05-02T18:36:50Z

A recent case involving a client suffering from post-traumatic stress disorder was dismissed after the State examined the underlying facts. According to law enforcement our client pushed his wife against the wall and grabbed her by the upper arms after a verbal argument over other family members. The mother/victim fled the scene with their 15-month-old baby. The police claim that the client then jumped on the vehicle and opened the driver side door and ripped his wife's purse from her in an attempt to get her keys.

Child protective services were called to investigate, and the police forwarded a report to the state attorney's office to determine if domestic battery charges should be filed against the client. We were retained by the client and began our defense of the case. No child abuse charges were filed, and after discussing the circumstances surrounding the domestic battery charge with the State Attorney they were also "No Filed".

For more informaiton on Domestic Violence or Child Abuse call us at 813-228-7095 or link to our website at TampaDefenseAttorney.com.

Criminal Attorney in Tampa Discusses Fraud Charges

2011-05-01T20:15:09Z

The client was charged with grand theft in the second degree and uttering a forged instrument. She was potentially facing 15 years in Florida State Prison on the grand theft charge alone. According to law enforcement the client was given power of attorney by a client that she worked for as a real estate agent. During the purchase of a number of properties, she forged checks from the title company and deposited them in her personal bank account. The checks totaled over $30,000.00.

Proving a fraud charge is never easy. The State had a multitude of problems with witnesses and evidence. Consequently, the State agreed to reduce from a 2nd degree felony charge to a 3rd degree felony and offer probation. The State also agreed to a withhold of the conviction pursuant to plea negotiations. The withhold prevents the client from receiving a criminal conviction on her record, and eventually allows her to seal the charge from public view.

To find out more about theft and/or fraud charges contact us at 813-228-7095 or link to us at tampadefenseattorney.com.

Tampa Domestic Violence Lawyer Pushes State Attorney to Dismiss Charges in Clearwater

2011-01-03T18:26:16Z

Our client went out with his daughter and his son-in-law to dinner. After having a number of drinks both he and his daughter engaged in a verbal altercation that escalated to physical violence. After they got home his daughter insisted on taking the car. Her father (our client) refused to let her have the keys. When the daughter tried to start the car her father reached in and took them out of her hands. The fight continued in the home when the father struck his daughter in an attempt to get the keys. When the police arrived they interviewed all the parties. They chose to arrest the father. During our representation the daughter (victim) was willing to acknowledge that she was the aggressor, but it did not deter the Clearwater Prosecutor from pursuing the charge to trial. He claimed he could prove the case with the testimony of an independent witness that called 911 that night. We requested the 911 tape in discovery. The caller was unable to adequately identify the father as the person who struck the victim while she was in the car.

We told the prosecutor we were happy to take the case to trial. On the morning of trial the prosecutor offered the client a plea to the lesser of disorderly conduct. We rejected it. The prosecutor talked to his supervisor, and the case was dismissed. Domestic violence charges follow the same pattern whether they occur in Clearwater, Tampa, or anywhere else. There are numerous obstacles every prosecutor must overcome before they can successfully prosecute domestic violence charges.

To learn more about the questionable tactics some criminal attorneys use to advance domestic violence charges in tampa or anywhere else call us at 813-228-7095 or link to us at tampa criminal attorney.

Criminal Attorney Tampa- State Dismisses Possession Charges After Illegal Stop

2010-12-31T16:26:55Z

We represented a USF student that was arrested by a detective from the USF police department for possession of marijuana with intent to sell and possession of paraphernalia . Other students had claimed the client was selling drugs out of his dorm room. The USF detective conducted surveillance on our client before watching him leave his dorm room. The detective followed him to the parking lot and conducted a stop of his vehicle on the pretense that he committed a traffic infraction.

As the client left the parking lot he stopped at a stop sign. The detective then followed him in his vehicle. The client backed his car up and stopped 5-10 feet from the front bumper of the detective's car. He then left the parking lot and was stopped by the detective on a nearby street. The officer cited the client with an improper backing infraction. We filed a Motion to suppress.

The detective acknowledged that the only reason for the stop of the vehicle was for the improper backing traffic infraction. Section 316.1985(1) of Florida's "Limitation on Backing Statute" reads as follows:

The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

A case out of the Second District Court of Appeals addressed a similar issue in State v. Nelson. The court first recognized that in order to lawfully stop any vehicle for a traffic infraction there must be probable cause to believe the traffic violation actually occurred. In Nelson the defendant was backing his vehicle down an alley and eventually stopped two feet from the bumper of the officer who ended up arresting him for drug possession. Like the detective in our case, the officer claimed that he was almost struck by Mr. Nelson, but he conceded that he was never forced out of his path of travel and never had to swerve his vehicle. The testimony in deposition from the USF detective was almost identical to the police officer in the Nelson case. In light of the factual similarity between the cases the State Attorney Nolle Prossed (DISMISSED) all the charges against our client. Where the client is stopped based on a traffic infraction it is always prudent to exam case law that defines what might be probable cause for the infraction.

If you want to learn more from a tampa drug attorney contact us at 813-228-7095 or link to us at tampa criminal attorney.

Domestic Violence Attorney in Tampa: Making a Mountain out of a Molehill

2010-12-28T18:09:18Z

Domestic violence is a serious crime. It should be prosecuted whenever someone chooses to use force to settle a dispute with someone else. However, there are times when the force is so slight it does not warrant the involvement of the police or state attorney's office. Many times it is the vicious nature of the verbal argument that has more to do with the 911 phone call than the actual contact. In other words, the police are used to win the argument, rather than prevent further violence.

We recently defended a man for poking his wife's chest during an argument. There was no injury, and the event was isolated. The charge was eventually dismissed, but that did not prevent the client from being arrested and incarcerated in Tampa's county jail. The threat of prosecution also forced him to hire our office.

Unfortunately, when the police leave the scene of a domestic incident without making an arrest they have concerns about the actions of both parties after they are gone. However, if one of the parties goes to jail the potential for further violence is eliminated. But what if police arrest the wrong person. Everyone involved in the rest of the process has to be convinced of the mistake before the charges will be dismissed or dropped. The political nature of this type of charge cannot be understated. Everybody involved in the prosecution of a domestic violence charge have an interest in avoiding the appearance of looking soft on domestic violence. Regrettably, even a domestic violence charge that involves minor contact can have a long-lasting impact on someone's future. The situation is magnified when the victim files a domestic violence injunction against the defendant. A minor incident turns into major incident in a hurry and legal representation becomes critical.

To find out the proper steps to take when defending against a domestic violence charge call our office at 813-228-7095 or link to tampa criminal attorney.

Tampa Domestic Violence Attorney: Weighing the Options Short of Trial

2010-12-27T17:49:02Z

I have been involved in defending the falsely accused in Tampa and the outer lying counties for over 15 years. Justifiably, most people who have been falsely accused carry a tremendous amount of anger. They typically have a desire, born out of principal, which pushes them toward trial. A trial is the only thing that will settle the dispute because it is the only way the accuser can be exposed. On the surface, this mentality may sound more like "an eye for an eye", but in reality this approach is somewhat necessary. Is there a part of almost every person who has been falsely accused that wants the accuser to feel what they have felt, and want it to play out in a public forum? Absolutely. When you consider the suffering a false arrest creates its hard to disagree. Make no bones about it; even a false arrest for a minor criminal offense is an attempt by the accuser to destroy the defendant's life in some way.

The Fallout of the False Arrest

For no reason at all you are taken into custody, and incarcerated at the local jail. This public embarrassment is a very painful attack on anyone's character. The arrest can also affect your employment in both the short and long term. Worst of all is the threat of possible punishment.

For anyone who has been falsely accused exoneration in a public forum is the closest thing to restoring his or her former life. Why? It removes all of the fallout that comes with a criminal conviction. When a Hollywood actor is libeled in a publication, they sometimes pursue the litigation to trial despite receiving a large settlement offer prior to trial. It's worth it to the actor to send the message to others that they will "stop at nothing" to punish the party responsible for the false accusations. In the end, the message is more important than the money. On a much smaller scale, you see a similar scenario play out when a criminal client is made a terrific offer on very serious criminal charges. Sometimes the answer is "no thanks". Why should anyone agree to an intervention program when they did nothing wrong?

Exoneration in a public forum to some degree does a number of things for the defendant. First, it restores their character in the public's eye. When the defendant is found "Not Guilty" in a public forum, it sends a message that the charges were false. The threat to the defendant's future is also, in large part, wiped away. If acquitted, the threat of punishment through incarceration or probation is also removed.

The process (jury trial) of restoring the character of the falsely accused can mean pointing a finger and exposing the accuser as a liar. However, for many of the falsely accused their character is only restored to the extent their accuser is exposed as a liar. Most lawyers (not just criminal) appreciate this mindset. I only wish the trial was as embarrassing for the accuser as it was for the defendant when he or she was arrested for the wrong reasons. If it was it might create a better deterrent to those who would waste the court's time and the taxpayer's dollars with frivolous charges.

All the above being said, it is important to realize that while our justice system is the best in the world, it is not perfect. In a recent case we represented a client who was accused of domestic battery in Tampa. Shortly after his girlfriend had him incarcerated for domestic battery she filed a domestic violence injunction against him. All the allegations were frivolous. We believe she was using the criminal charge and the injunction as a weapon to force our client to change. After hearing the facts of the case it was obvious that he didn't need to change, she did. Using the court system to affect someone else's behavior seems far-fetched. Unfortunately, this conduct is not uncommon.

When Trial is Not the Answer (Even for the Falsely Accused)

The boyfriend's first reaction was to force the injunction and the battery charge to trial (After discussions with the prosecutor the domestic battery charge was eventually "no filed" or dismissed by the prosecutor). He had been through a lot, and he was not interested in making the process any easier for her. After discussions with the girlfriend's lawyer, we arranged a resolution that involved avoiding the trial, and resulted in a dismissal of the injunction. Why was negotiation the better alternative, even after all the client had gone through? In a word, it "guaranteed" a result. It was less costly and took less time, but more importantly, the dismissal of the injunction through negotiation assured us that the injunction would be dismissed. We have great judges in Tampa, but it would be stupid to force any judge to weigh facts in a case at trial if you could guarantee a dismissal short of trial. When the victim is going to lie and refuse to cooperate, then you must go to trial. However, there are times when removing the "human factor" (judge or jury) out of the equation and creating a definite result is the far better tact.

When Trial is the Only Option

We represented another client whose former girlfriend was so unbalanced that even after petitioning the court for a domestic violence injunction and losing she insisted on pursuing the battery charge to trial. As is often the case the domestic violence injunction and the battery charge involved the same allegations. While preparing the case for trial the client provided us with a tape of an angry phone call from (petitioner/victim) her shortly before her arrival at his home on the night of the incident. She threatened to break into his home if he wasn't there. She also threatened in another message that, "We will not break-up tonight". The taped phone calls would embarrass and humiliate most people, and clearly proved she was in an angered state shortly before their altercation. She petitioned the Plant City Court for a domestic violence injunction. The tape was played and the judge dismissed the injunction.

Amazingly, it didn't stop her from pursuing the domestic battery charge in front of Judge Nazaretian in our Domestic Violence Court in Tampa. The tape was played again, and the client was found "not guilty". The victim in this case was so vindictive about the breakup she refused to act reasonably. She was going to pursue the false allegations even if it meant lying under oath more than once.

In both of the above instances you have a so-called victim abusing our court system. Each one requires a different approach. If you are interested in learning more about domestic violence link to us at tampa criminal attorney or call us at 813-228-7095.

Tampa Probation Attorney: Pay Your Restitution or Lose Your Driver's License

2010-12-25T19:11:06Z

Every probationer needs to be aware of his obligations to the court. A failure to comply with those obligations can not only result in a violation of your probation, but also a loss of your license. The 5th DCA ruled that once the clerk notifies the DHSMV of the defendant's failure to pay restitution they are required to suspend her license. The defendant drove after notice was sent, and received a new charge of DWLS. On appeal the defendant complained that she had never received notice. Under 322.251(2) an entry onto a driving record shall constitute proof that notice was given. Anderson v. State, (5th DCA, 2010)

When a defendant fails to meet financial obligations arising from a criminal case pursuant to a payment plan, the DHSMV must suspend the defendant's license upon receipt of notice from the clerk of court. § 322.245(5)(a), Fla. Stat. (2009). To learn more about probation violations in tampa call us at 813-228-7095 or link to us at tampa criminal attorney.

Tampa Domestic Violence Attorney: Consider Your Own Conduct Before Calling Police

2010-12-24T21:46:52Z

A recent client was pulled into an altercation with his wife. The altercation led the wife to make a 911 call. The police showed up and took statements from both the husband and wife. Each filed a cross-complaint against the other. At the scene the husband was arrested and taken to jail. We contacted the State's Attorney about the husband's involvement and asked for a dismissal of the charge. Meanwhile, the wife filed an injunction preventing her husband from returning to the home. Negotiations were entered into and the wife ultimately agreed to dismiss her domestic violence injunction against her husband (our client). During a hearing on the husband's criminal charge the State Attorney announced he was dropping the charge against our client. The husband's cross-complaint against his wife was still under investigation by the State's Attorney at the time of the hearing.

At the time of the alleged incident the wife/mother had both children in the home. We believe the children's presence prompted law enforcement's decision to arrest the husband instead of his wife. It is important to realize that while you may appear innocent and deemed the victim at the scene it does not mean that you cannot end up the defendant at a later point in time. The prosecutor makes the ultimate filing decision on every criminal charge that comes through their office.

To learn more from a tampa domestic violence attorney you can call us at 813-228-7095 or link to us at tampa criminal attorney.

Tampa Domestic Violence Attorney: Disorderly Conduct Requires More than a Bad Attitude

2010-12-23T18:39:32Z

A recent case out of the Second DCA reminds us that yelling profanities at police, while very stupid, does not constitute a crime. Some juveniles poured out onto the street shortly after a dance at the Boy's Club in Lakeland. One young girl was asked to disperse by law enforcement. When she refused the police officer grabbed her. She pulled away, and was eventually arrested. The officer arrested her for disorderly conduct and resisting without violence.

The Court ruled that commit disorderly conduct by words alone the evidence must show that the words caused a crowd to gather which caused a safety concerns, or that the words incited the crowd to engage in an "immediate breach of the peace". No evidence introduced at trial indicated the actions of the juvenile caused the crowd to gather, or resulted in other juveniles fighting. The court reversed the conviction of both the disorderly conduct and the resisting arrest charge. If the officer had no grounds to arrest the juvenile for disorderly conduct then he was not engaged in a lawful duty when she pulled away (resisted arrest). C.N. v. State, 2nd DCA.

To learn more about crimes of violence or domestic violence link to tampa criminal attorney or call us at 813-228-7095.

Tampa Domestic Violence Attorney: False Imprisonment and Battery Charge Dropped Once Victim Exposed

2010-12-21T19:23:11Z

Every criminal lawyer is familiar with the prosecutor that puts too much faith in his victim's credibility. Some victims especially those romantically involved with a defendant will go to incredible lengths to get what they want. Sometimes the court system is a method by which they believe they can get their boyfriend or husband to behave a certain way: "If he knows I can have him arrested he will start responding to me the right way". On the other hand, sometimes pure vindictiveness leads to criminal charges.

In a recent case our client was engaged in some behavior that his girlfriend didn't like. She told him that she was going to call the police if he didn't stop. An argument ensued and the police showed up. The client was charged with False Imprisonment and domestic battery. During depositions (sworn statement) the victim admitted that she destroyed the defendant's clothes and other property during their altercation. She also admitted to provoking our client, and misrepresenting a number of other facts. Shortly after depositions both the False Imprisonment and Battery charge were dismissed.

To learn more about domestic violence in tampa link to tampa criminal attorney or call us at 813-228-7095.

Tampa Injunction Attorney talks about the Risk of Self-Representation or the Pro Se Respondent

2010-11-18T15:06:13Z

We are currently engaged in the representation of another client who made the terrible mistake of representing himself at his domestic violence injunction hearing. He walked into the injunction hearing with the mindset that, "This isn't that big of a deal. It's not a criminal offense. I did nothing wrong, and never threatened my girlfriend. My justice system (the judge) will figure this out and DISMISS the injunction because my girlfriend is lying". As I mentioned these ideas to the client at a recent office meeting he nodded his head, and said, "That's exactly what I thought".

There are only two scenarios that warrant a respondent (defendant to a petition for an injunction) moving forward at an injunction hearing on his or her own.

First, your economic situation prevents you from retaining an attorney experienced in the area of domestic violence injunctions. Many people cannot afford to retain legal counsel in today's economy. If you cannot afford the services of an experienced attorney I would suggest calling Bay Area Legal Services.

Second, you truly do not care about the outcome of the hearing. In other words, you are willing to let the judge enter the injunction against you knowing all the repercussions that flow from having an injunction imposed against you. The following are just a few:

1) If the Petitioner is motivated by revenge, you must endure the precarious and uncertain feeling of being unaware whether the petitioner will call police in an effort to have you arrested for violating the injunction. Violating a domestic violence injunction can result in jail or prison (depending on the nature of the violation).

2) If you believe your spouse or the parent of your child is filing the injunction to gain an advantage in a custody battle IT IS ABSOLUTELY CRITICAL that you retain legal counsel. The entry of a Domestic Violence Injunction or a Sexual Violence Injunction will have a tremendous impact on your ability to receive the appropriate time sharing with your child.

3) The entry of the injunction is public record. Anyone conducting a background check could find it on the Clerk's website in Tampa. It cannot be removed through the sealing or expungement process.

4) The stigma of being labeled a violent person.

5) Mandatory domestic violence classes (if you refuse to complete them you could be found in contempt of court)

6) Lose right to possess a firearm

7) Lose the ability to seek employment in a law enforcement capacity. It is necessary to carry a firearm to be employed as a law enforcement officer.

If you are willing to accept the consequences listed above then there is probably no reason to even have a hearing in the first place. Just tell the judge you have no objection to the entry of the injunction.

On the other hand, if you want to fight the injunction and you have the financial means to hire an attorney I would strongly suggest retaining an experienced Tampa injunction attorney to handle your case. We handle too many cases by client's who failed to recognize the seriousness of the hearing they were about to participate in. I do not mean to suggest that the entry of an injunction cannot be undone. It can. However, that road is much longer and costlier than retaining legal counsel prior to the initial hearing.

To learn more contact us at 813-228-7095 or link to us at Tampa Injunction Lawyer.