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:: Options Available to Resolve Criminal Cases

Becoming entangled in the criminal justice system is a traumatic and stressful experience and we understand the difficulties a criminal accusation can bring; And that is why we want to help. Importantly, most people have never been in trouble before, or the offenses they are accused of are rather minor.

Unfortunately though, simply going to court and pleading guilty without the help of an attorney can result in a permanent criminal record or an excessive sentence. That is why it is important to retain an attorney as quickly as possible after your arrest, because you deserve an aggressive law group that understands your situation and is willing to fight for you.

Below are some of the ways The Kaylor Law Group may be able to try and obtain an acquittal, dismissal, diversion, reduced charge, or a negotiated resolution on your behalf:

    :: Motion to Suppress: Police must have probable cause, or valid
       consent, to stop and search you or your home. However, police are
       notorious for searching college students on less than probable
       cause or under coerced consent. I will likely be able to identify such
       situations, even though you might have thought the police acted
       lawfully, and have the evidence thrown out and your case
       dismissed.

    :: Motion to Dismiss: Cases can be dismissed due to a charge being
        too old, for violation of your right to a speedy trial, or because the
        undisputed facts do not support the crime charged.

    :: Pretrial Diversion: A program run by the State Attorney, it is
       usually reserved for first time, nonviolent offenders. The diversion
       program is similar to probation, in that you must report once a
       month to a supervising officer, undergo random drug testing,
       complete community service hours, and refrain from being involved
       in any criminal activity. Your charges will be dropped upon
       successful completion of Pretrial Diversion.

    :: Drug Court: A program created to help first time felony drug
       offenders. The program provides for the identification, evaluation,
       and placement of substance abusing offenders in order to avoid
       entering the criminal justice system. The Drug Court Judge reviews
       progress reports on each participant. Upon successful completion
       of Drug Court your charges will be dropped.

    :: Jury Trial: When all other legal defenses have been exhausted
       and you are unwilling to accept anything less than a dismissal, it is
       often necessary to present your case to a jury to prove your
       innocence. Importantly, we conduct jury trials regularly and I have
       the experience to take your case to trial. 
 
    :: Negotiated Plea: Depending on the charge and your criminal
       record, if we am unable to obtain one of the above options,
       chances are that we will be able to negotiate a settlement that will
       involve much of the following, minimal probation, a reduced
       charges or the dismissal of some charges, and a withhold of 
       adjudication.

:: Defending Criminal Charges in Florida

The truth is that criminal cases are successfully challenged on a regular basis. In determining the best way to defend a client's case, the first thing that be must determined is where a client's case falls based upon the evidence the Government has and the evidence the client has. Generally a client's case will fall into one of five categories:

   1. Those who are factually innocent,
   2. Those who have been overcharged,
   3. Those where the evidence against them was illegally obtained,
   4. Those where the guilt can not be shown beyond a reasonable doubt, and
   5. Those who are guilty and need an attorney to obtain the absolute best result possible.

Once we have determined what category a client's case falls into we can then chart the best path to obtaining a dismissal, or acquittal. Importantly, before a trial is ever held, a criminal charge can be challenged on constitutional, legal, or administrative grounds. A successful challenge can result in key prosecutorial evidence being thrown out or an outright dismissal of the charges.

The Most Common tools utilized to challenge criminal charges are:

    :: Motion to Suppress,
    :: Motion to Dismiss
    :: Trial by Jury

So what does all of this mean? Simply put, the State needs all of their evidence to prevent a Court from dismissing the case due to lack of evidence or in order to present a strong case to a jury to prove a case beyond a reasonable doubt. If one link in the State's case is challenged and results in key evidence being thrown out (suppressed), the State may be prohibited from proceeding or forced to negotiate a deal to a lesser charge. In criminal defense, winning one battle can result in winning the war!

Motion to Suppress

A motion to suppress is a pleading that seeks to exclude certain evidence from being presented at trial because it was obtained as a result of police misconduct. The most common basis for filing a motion to suppress is when law enforcement conduct a warrantless search or seizure of your person, home, or vehicle in violation of your fourth amendment rights to be free from unlawful search or seizure. The reason that courts suppress evidence that is illegally obtained is so that law enforcement is not rewarded for obtaining evidence illegally.

Another common piece of evidence that can be attacked is a person's confession or an admission against interest. If you do say something incriminating to law enforcement, I may be able to suppress your incriminating statements. Generally, statements are challenged for either being obtained without informing a suspect of their right to remain silent or were obtained as a result of coercion

One of the most well known Miranda Warnings states: "Anything you say can be used against you in a court of law." However, contrary to popular belief, an officer does not have to immediately read you your rights when encountering you. An officer only has to read you your rights when you are under arrest, or if you are no longer free to leave. Once an officer reads you your rights you should politely decline to speak with him any further and request an attorney.

The biggest exception to your right to remain silent occurs when you make a spontaneous statements. A spontaneous statement is one that is volunteered without being asked a question. Any spontaneous statements you make before or after being read your rights can be used against you, regardless if other statements are thrown out due to illegal police misconduct.

Motion to Dismiss

Contrary to popular belief, motions to dismiss are seldom filed in criminal court and are rarely granted. The reason is that unlike a civil case, a prosecutor only needs enough evidence to satisfy a probable cause standard to proceed forward. Also, even if every witness the State lists is a known liar, the credibility of the witness cannot be challenged through a motion to dismiss, but must be decided by a jury.

There are three common basis' to file a Motions to Dismiss. The first is known as Motion to Dismiss on factual grounds and it alleges that the the undisputed facts in the State's possession do not support a crime under Florida law. The second is known as Motion to Dismiss for Violation of the Statute of Limitations and alleges that too much time has passed between the commission of the alleged crime and the current prosecution. The final basis is a Motion to Dismiss for violation of the Speedy Trial Rule and can be filed when the State has failed to bring you to trial within a specific period of time with no fault of the delay being attributable to you.

Trial by Jury

The most well known aspect of a criminal case is the right to a trial by jury. Unfortunately though, it is also the least common way that a criminal case is resolved. Statistics show that less than ten percent of all criminal cases actually proceed to trial. This is mostly due to crowded court dockets, overzealous prosecutors, and mandatory sentencing schemes. That is why it is important to hire an attorney who actively tries cases on a regular basis and has a proven track record.

When all other legal defenses have been exhausted and you are unwilling to accept anything less than a dismissal, it is often necessary to present your case to a jury to prove your innocence. Importantly, we conduct jury trials regularly and we have the experience to take your case to trial. Any good trial attorney will tell you that a prosecutors case always looks much better on paper than it really is. Once a trial starts, a successful defense attorney can build a rapport with a jury, exclude damaging evidence, discredit key state witnesses, and highlight the weaknesses in the State case.

:: Criminal Penalties in Florida

Why is it important to know the penalties for a criminal offense? So that you know why you must fight the charges. If you don't fight criminal accusations, you will possibly be facing a lengthy term of probation, excessive community service hours, a substantial fine, a permanent criminal record, and be subjected to .

Criminal penalties increase based on the frequency convictions and the severity of your current offense. Below is a basic chart that explains how criminal charges are categorized.

   1. Misdemeanor Offenses - Misdemeanor offenses are handled by the county court and are usually
       considered less serious crimes than felony offenses.
           A. Second Degree Misdemeanor - A second-degree misdemeanor is a crime punishable by no more than
               sixty days in jail, six months of probation, and a $500 fine.

           B. First Degree Misdemeanor - A first-degree misdemeanor is a crime punishable by no more than one 
               year in jail, one-year probation, and a $1,000 fine.

   2. Felony Offenses - Felony offenses are handled by the circuit court and are punishable by the possibility of
       more than one-year imprisonment. Felony offenses are sentenced pursuant to Florida's criminal punishment
       code ("CPC"). Under the CPC, also referred to as a scoresheet, each felony is scored a specific amount of
       points. The points are determined by the level designated by the Florida legislature, regardless of statutory
       degree. The higher the level a felony is designated, the more points that will appear on your CPC
       scoresheet. If you score more than 44 points, you are subject to a minimum term of imprisonment. If you
       score less than 44 points, a judge is not required to sentence you to prison, but may still do so.
          A. Third Degree Felony - A third degree felony is punishable by up to five years in prison, five years
              probation, and a $5,000 fine.

          B. Second Degree Felony - A second-degree felony is punishable by up to fifteen years in prison, fifteen
             years probation, and a $10,000 fine.

          C. First Degree Felony - A first-degree felony is punishable by up to thirty years in prison, thirty years
             probation, and a $10,000 fine.

          D. Life Felony - A life felony is punishable by life in prison without the possibility of parole, or probation
              for the remainder of your life, and a $15,000 fine.

          E. Capital Felony - A capital felony is punishable by death or life in prison without the possibility of parole.

:: Seal or Expunge your Criminal Record

If you are an otherwise law abiding citizen and have been unfortunate enough to have come into contact with the legal system you now have a criminal record. This is true even if the criminal case was abandoned, dismissed, or you plead and formal adjudication of guilt was withheld. Fortunately though, in Florida, if you were arrested or charged with a crime that was later abandoned, dismissed, or you received a withhold of adjudication, you can apply to have that arrest and the related court proceedings sealed or expunged from your criminal history record.

You are eligible to have your record sealed or expunged if:

    :: You were arrested and charges were never filed;
    :: You were arrested and charges were dropped;
    :: You were arrested and charges were dismissed by the court
    :: You were arrested, charged, plead guilty, and received a withhold of adjudication;
    :: You were arrested, charged, plead no contest (nolo contendere), and received a withhold of adjudication;
    :: You were arrested, charged, found guilty by a jury, and received a withhold of adjudication.

 
The Kaylor Law Group has the ability to help you achieve your goal of clearing your criminal record. Please use this site to address some of your immediate questions regarding whether you can seal or expunge your criminal record. After looking through this site, you should contact The Kaylor Law Group to start the process of clearing your criminal record.

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