You've been arrested. You've been to jail. Even though it seems like it, it isn't the end of the world. A problem has surfaced and now we must deal with the consequences. I've defended thousands of clients who were once in your position. Let me help you.
A violation of probation (VOP) may be either a misdemeanor or a felony. In almost every case, a VOP will result in an arrest warrant. In some misdemeanor cases, I can petition the Court to withdraw the warrant by simply scheduling a hearing. This will allow you to avoid the inconvenience, expense and humiliation of being arrested. In most cases, the judge does not want you to stay in jail. The purpose of the VOP is to get your attention and get you back on track for successful completion of probation.
A felony VOP almost always results in an arrest. Depending on the circumstances, an individual may appear before the sentencing judge or a special VOP judge if the charge is not serious. The sooner you call my office, the sooner I can schedule a hearing in the appropriate division and request your release. Failure to act quickly may result in a longer period of incarceration.
Each VOP is unique, depending on the original charge and the nature of the alleged violation. Your right to a speedy trial in a VOP proceeding does not exist. There is no requirement that the Court schedule a hearing in a timely manner. This means that you can sit in jail for an indefinite amount of time. Only an attorney can expedite the process.
As soon as I am retained as your attorney, I will act to minimize, or eliminate, the time you must spend in jail.
The theft statute in the state of Florida is very broad. It is not necessary that a person actually "steal" something to be charged with theft. Even an attempt can result in a conviction. A simple shoplifting charge can result in severe consequences. Potential employers rarely hire individuals with any type of conviction for theft. Therefore, it is critical to vigorously defend the charge.
Even if you did commit the offense, I can negotiate with the prosecutor so that the charge may be deferred or, in the alternative, the Court will withhold adjudication of guilt. Many individuals are eligible for an intervention program, which ultimately results in a dismissal of the charge. This may allow you to have your arrest records sealed or expunged. Even if you are not eligible for this program, I can still help you avoid a conviction.
A battery can be anything from a simple slap to an all out physical attack. If a spouse or another family member is involved, the charge will be defined as domestic violence. Each battery case is unique. Many times, self-defense may be argued. Obviously, the facts of your case will be handled on an individual basis. When a battery charge is filed, the prosecutor has usually only heard one side of the story. It will be my job, as your attorney, to explain the circumstances to the prosecutor. Once all the facts are known, the Court may come to understand that the use of force was justified.
A conviction for domestic violence results in mandatory counseling for up to twenty-six weeks. In addition, the Court may not allow you to have any contact with the alleged victim. You will be placed on probation and monitored by the Court. My goal, as your attorney, is to avoid any conviction and the burdensome consequences.
Most non-domestic violence battery charges stem from a confrontation. Often, the "defendant" is defending himself or a friend. Many times, the investigating authority is unaware of all the facts. It is my job to inform the prosecutor of all of the circumstances that led to the incident. After learning all of the details, the prosecutor will have a better understanding of the case which will hopefully minimize the consequences.
Our society is very confused. An 18 year old can vote, go to war, and get married. They cannot, however, consume alcohol. Despite our laws, many of us do drink alcohol before turning 21. Although it seems relatively minor, any criminal charge can have serious consequences.
Don't start your adult life with a criminal conviction. As your attorney, I can negotiate with the prosecutor and minimize the damages. Many times a conviction can be avoided without any harsh penalties.
If you have been charged with a criminal offense, call my office immediately so that I may begin preparing your defense.
Call our office today at 813-259-9909 to schedule an appointment
Talk is cheap. Results are what matter. Although each case is different, past performance is the best indication of future outcomes. View Joe's recent case results to see what he may be able to do for you.
Attorney Advertising. The information contained in this website is for general purposes only. It should not be construed as formal legal advice nor the formation of a lawyer/client relationship.
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JOSEPH E. FRANK, PA