Arrests
Any law enforcement officer such as a policeman, sheriff, deputy sheriff, highway patrol officer or state trooper can lawfully make an arrest. The arrest may be made with a warrant or, under certain circumstances, without one. Contrary to popular belief, Hollywood movies and TV shows, a police officer does not necessarily have to use physical force or handcuffs to arrest someone. The police officer can simply tell the suspect, "you are under arrest," and if the suspect submits to the police authority the arrest is complete even though neither physical force nor handcuffs were used to subdue the suspect. The key to an arrest is that the person is taken into police custody (whether with or without force and handcuffs) and is no longer free to leave.

A law enforcement officer can lawfully make an arrest when:

• He or she personally observes the crime. For example, if the law enforcement officer actually witnesses someone snatch a lady's purse, he or she can pursue the suspect and place that person under arrest.
  
  
• He or she has probable cause to arrest the suspect. For example, a person was hit by a man with a baseball bat. The officer finds a man with a baseball bat that fits the description of the one who committed the battery. The officer can then arrest the man and take him into custody. Probable cause refers to a set of facts or observations that would allow a police officer or judge conclude that there is a reasonable likelihood that the person is suspected of breaking the law.
  
  
• He or she has a valid warrant to arrest a person. An arrest warrant is a legal document issued by a judge or magistrate, which typically identifies the crime(s) committed, identifies the person(s) suspected of committing the crime, specifies the location(s) where the person(s) may be found and gives law enforcement officers permission to arrest the person(s) identified in the warrant.

Instead of taking the accused into custody, the officer may instead issue a summons or notice to appear in court. If the accused fails to appear, a warrant may be issued for his or her arrest by a judge if there is proof of service, or evidence that the accused received the summons or notice and failed to appear.




Bond Hearings
A person who is in jail and cannot currently be released because the offense is termed a "no–bond" offense, must set a bond hearing in order to have a judge determine whether a bond should be set and, if so, what the amount of the bond should be. Unfortunately, the setting of a bond hearing often requires some time. Acquiring a public defender often entails a waiting period. It must also be determined, in accordance with the nature of the offense, which judge should conduct the hearing. Depending on the status of the offense and on whether the state has yet filed charges, the appropriate judge may be a county judge, a circuit court judge, or a judge who has been involved with the defendant in a prior case related to the current one. Setting a bond hearing can be relatively complicated for people who are unfamiliar with court proceedings. In addition to acquiring legal help and determining which judge will be appointed to the case, scheduling a bond hearing requires coordination with the court clerk, the judge, the judge's assistant, and the prosecution.




Burglaries/Robbery/Theft
Burglaries, Grand Theft and Robberies are felony crimes and are serious offenses punishable by a heavy sentence. The punishment is usually imprisonment but, in certain cases if murder is involved,, the punishment could be death. Felonies are more serious crimes than misdemeanors. However, the same offense could be considered either a misdemeanor or a felony, depending on its degree. Petty larceny, which is stealing an item worth less than a certain dollar amount, is a misdemeanor. However, stealing an item over that dollar amount is considered grand theft, which is a felony. If you are convicted of a felony you will lose many of your civil rights. You will not be eligible to vote and you will not be eligible to run for public office. Some jobs will require certain bonding or insurance coverage before you can obtain the job. Many insurance companies will refuse to bond convicted felons and, therefore, even though you are not barred by law from certain jobs, you may find it difficult to obtain the job because of insurance or other requirements.




Domestic Violence
Domestic violence, also known as partner abuse, spouse abuse, or battering, occurs when one person uses force to inflict injury, either emotional or physical, upon another person they have, or had, a relationship with. It can occur between spouses and partners, parents and children, children and grandparents, and brothers and sisters. Victims can be any age, race, or gender.

Domestic violence is the single largest cause of injury to women between the ages of 15 and 44 in the United States, more than muggings, car accidents and rapes combined. Each year between 2 million and 4 million women are battered, and 2,000 of these battered women will die of their injuries. Violence against men by women is also a problem, according to the August 2000 Annals of Emergency Medicine. In a study of an inner city hospital, men reported slightly more physical violence than women (20 percent of men and 19 percent of women), although women reported significantly more past and present nonphysical violence than men.




Drug Offenses
The law prohibits the possession of controlled substances unless prescribed by a physician. Controlled substances include drugs such as marijuana, amphetamines, and cocaine. The sale, delivery, manufacturing, or possession with intent to distribute a controlled substance is a serious felony which can result in a lengthy prison term and a substantial fine. Possession of any quantity of illegal drugs can bring a jail or prison term, depending on the quantity of the drug and on how the law classifies the dangerousness of the drug. Possession of even the smallest amount of some drugs, like cocaine, can result in a conviction and a possible jail sentence. A person charged with unlawful possession may be convicted if he or she is either in actual or constructive possession of the drug. A person who knowingly has physical control over a drug is in actual possession. A person who has the power and intention to exercise dominion and control over a drug is in constructive possession of the drug. Sometimes when a person is arrested on drug charges, the police will confiscate the car, home, or other property regardless of whether the owner is the same person in possession of the drug. The owner must then file a claim for the return of the property. The time limits for filing such a claim are short and strictly enforced. Usually, drugs are found as a result of a police search. Therefore, a central issue with drug offenses is usually whether proper legal procedures were followed.




DUI & DUI Manslaughter
DUI lawyers handle drunk driving related cases. DUI is when someone drives or is in actual physical control of a motor vehicle and is under the influence of alcohol, controlled substance to the extent that his/her mental faculties are impaired.

A DUI conviction may affix criminal penalties such as fines, jail, probation, and/or community service. There are mandatory minimum penalties for first-time offenses and increased penalties for each additional offense thereafter. Drivers with prior DUI convictions should be aware that minimums are just that. Conservative Judges and zealous Prosecutors will seek lengthy jail sentences for multiple offenders especially for those who are still on probation for a prior offense. It is therefore critical to have an experienced Lead Counsel DUI Attorney who is familiar with the Court you are assigned and how to avoid harsh jail sentences.

The look-back period for multiple offenses has been increased from 7 years to 10 years. Drivers with prior convictions for offenses, which were more than 7 years from the date of their prior offense, may have a constitutional challenge to the retroactive increase and should contact a DUI Attorney who specializes in Drunk Driving Defense.




Felonies
Felonies are more serious crimes than misdemeanors. Robbery, kidnapping, rape, and murder are all examples of felonies. Public drunkenness, resisting arrest, and battery are misdemeanors. However, the same offense might be either a misdemeanor or a felony, depending on its degree. When a juvenile commits a felony offense, such as murder or rape, or has a long record of serious offenses, the district attorney may ask the judge to allow the juvenile to be tried in regular court as an adult. If the judge permits the juvenile to be tried as an adult, the juvenile can have the right to a jury trial, as well as all the other rights of a person accused of a crime. If a juvenile is found guilty, he or she will be punished according to the seriousness of the crime. In many states, the punishment for a felony is imprisonment for at least one year. If a juvenile is arrested for a felony offense or has a long record of serious offenses, it is recommended that you consult an attorney experienced in juvenile law.




Juvenile Offenses
Juvenile law attorneys work on the area of law that deals with criminal law involving juveniles - persons not old enough to be held responsible for criminal acts. In most states, the age for criminal culpability is set at 18 years.

Juvenile law is mainly governed by state law and most states have enacted a juvenile code. The main goal of the juvenile justice system is rehabilitation rather than punishment. However, juveniles can be transferred into adult court if the juvenile court waives or relinquishes its jurisdiction.

The federal government has pretty much confined its role of funding state efforts to prevent juvenile delinquency and setting standards for state laws. Congress passed the Juvenile Delinquency Prevention and Control Act in 1968, which was later revised and renamed the Juvenile Delinquency Prevention Act. The purpose of this act is to help states and local communities provide community based preventative services to youths in danger of becoming delinquent, help train people who provide those services and provide technical assistance in the programs.

The Federal Juvenile Delinquency Act defines juvenile delinquency (any act that is otherwise a crime, but is committed by someone under 18 years of age) and sets forth rules by which state laws must comply with regard to juvenile court procedures and punishments. Juvenile crime is called an act of "delinquency" and requires court intervention to correct the delinquency. These courts are known as juvenile courts and they have their own special rules and procedures. If you are found guilty of a juvenile law crime, you may be sent to a reform school or another public institution, placed in a foster home, or returned to your parents and placed on probation or house arrest.




Misdemeanors
A misdemeanor offense is a crime which may be punished by time in jail, probation, or a fine. Misdemeanor offenses are handled by the county court and are usually considered less serious crimes than felony offenses. Some examples of common misdemeanors are disorderly conduct, disorderly intoxication, battery, prostitution, and petty theft. While being convicted of a misdemeanor will not result in the loss of any of your civil rights, there is the possibility of going to jail. First time offenders only occasionally go to jail for a misdemeanor offense. However, it is common that first offenders will be formally judged for the crime. Often, a first offense misdemeanor crime becomes a felony after repeated offenses. It is sometimes possible to have your arrest record wiped clean at a later date through either the sealing or erasure of your record. However, you must qualify for this action and the manner in which your case is handled may effect your eligibility for future erasure of your record. While a misdemeanor may only result in a small fine, you may be required to perform community service or even serve jail time. Therefore, it is usually recommended that the matter be discussed with an experienced attorney.




Probation Violations
When you are placed on probation or community control you are advised of the conditions of that supervision. Should you violate those conditions by intentionally and materially breaking the rules, you run the risk of having that probation or community control violated. A judge will be asked to sign a warrant for your arrest and you may be kept in the County Jail pending the results of the violation hearing without bond. A judge has the authority to set bond, but the judge is not required to set a bond.

Violation of probation proceedings are much different than a new law offense:

• There is not a statute of limitations for a violation of probation ("VOP"), meaning that if you violate your probation you can not wait out the VOP charge.
  
  
• You do not have a right to a trial by jury on a violation hearing.
  
  
• The burden of proof is by preponderance of the evidence, rather than beyond a reasonable doubt.
  
  
• You can be called as a witness by the State at your own hearing.

You have the right to an attorney to represent you at the violation hearing to defend the accusations of violation of probation.




Sex Offenses
Sexual offense is a broad category which usually involves rape and/or sexual battery, homosexual acts, public indecency and prostitution. Rape is defined as sexual penetration of a victim by the defendant. If the defendant commits rape while armed, causes bodily injury, or is aided by another person, the more serious offense of aggravated rape is charged. The rape of a child under the age of thirteen usually carries the same penalties as aggravated rape. Statutory rape is sex between a defendant at least four years older than the victim and a victim between thirteen and eighteen years of age. Sexual battery is sexual contact by force between a defendant and a victim. If sexual contact is committed with a weapon, causes harm, is aided by another person, or the victim is under 13, the offense becomes aggravated sexual battery. Homosexual acts involve penetration by consenting adults of the same sex. Public indecency involves nudity or certain sexual acts in a public place. Prostitution is usually defined as engaging in sexual activity as a business. The penalties for these various offenses vary from state to state.




Trafficking Offenses
The sale, delivery, manufacturing, or possession with intent to distribute a controlled substance is a serious felony which can result in a lengthy prison term and a substantial fine. Possession of any quantity of illegal drugs can bring a jail or prison term, depending on the quantity of the drug and on how the law classifies the dangerousness of the drug. Possession of even the smallest amount of some drugs, like cocaine, can result in a conviction and a possible jail sentence. A person charged with unlawful possession may be convicted if he or she is either in actual or constructive possession of the drug. A person who knowingly has physical control over a drug is in actual possession. A person who has the power and intention to exercise dominion and control over a drug is in constructive possession of the drug. Sometimes when a person is arrested on drug charges, the police will confiscate the car, home, or other property regardless of whether the owner is the same person in possession of the drug. The owner must then file a claim for the return of the property. The time limits for filing such a claim are short and strictly enforced. Usually, drugs are found as a result of a police search. Therefore, a central issue with drug offenses is usually whether proper legal procedures were followed.




Vehicular Homicide
When another person is killed as the result of reckless driving, the offending driver may be prosecuted for vehicular homicide, which is punishable by imprisonment and a fine.

Although state laws vary, many states follow the Uniform Vehicle Code. It defines reckless driving as "willful or wanton disregard for the safety of persons or property." In order to charge someone with reckless driving, the prosecutor must show that a driver did not care about the harm resulting from his or her driving, and that the driver should have realized such driving posed a hazard.




Cruise Ships
If you are a cruise ship passenger injured in a slip and fall, assault or other accident on a cruise ship, then you need experienced legal help. Special laws -- state, national and international -- govern injury and death claims for cruise ship passengers. Statutes of Limitation are shorter--sometimes just 6 months from incident date. Many cruise ship tickets contain fine print which forces injured people to pursue their claims in Miami, Florida even though they live far away. Substantive rules for what is dangerous or safe differ on the high seas from territorial U.S.A. Even court procedures vary from what many people expect.




Vacation Resorts
Vacation parks and recreation resorts throughout the Central Florida area are some of the most popular destinations for visitors from throughout the United States and Europe. Some resorts, however, simply open their doors to the public and pay little attention to the safety precautions they are required to exercise for the protection of their guests.

Every year, hundreds of snowbirds and other visitors are injured in resort and hotel accidents, and other recreation slip and fall premises liability accidents on commercial properties. If you have been injured, the personal injury attorney you hire to represent you in an injury lawsuit can be one of the most important legal decisions you can make.




Tourist Defense
Each year, millions of people visit central Florida on vacation to either enjoy our sunny beaches and tropical weather, or come into the Orlando area to visit theme parks such as Walt Disney World, Epcot Center, Universal Studios, Sea World, Animal Kingdom, MGM Studios, Blizzard Beach, and Wet 'n Wild. Sometimes visitors on vacation to the area make a mistake, and are arrested for or accused of shoplifting, theft, DUI, or prostitution and solicitation. Many of our vacationing guests have never been arrested in their entire life - and find themselves overwhelmed by the Florida legal system. I know that everyone makes mistakes, and am committed to defending your constitutional rights.