TRAFFIC CITATIONS:

Traffic citations in Florida are technically civil matters yet they are matters which involve law enforcement and the court system; so they are regularly handled by criminal defense attorneys. There are no prosecutors involved in Florida traffic court. The officer who issued the citation will serve as the prosecutor under Florida’s system. The Florida Rules of Traffic Court (.pdf) control civil traffic citation cases. Substantive traffic laws can be found in Title XXIII, Florida Statutes.

Retaining an attorney who is familiar with the court, the procedures and the substantive traffic law will put you at ease, knowing that you have done everything possible to obtain a positive outcome. Retaining an attorney will nullify the requirement that you personally appear in order to answer a citation (a statutory requirement in some traffic cases) and will save your valuable time. One course of action which should almost never be taken is simply paying a Florida traffic citation without fully understanding the consequences. Simply paying a Florida traffic citation constitutes the legal equivalent of an admission and your drivers license may be impacted negatively.

Retaining an attorney who is familiar with the traffic citation system in the county where you were cited will ensure you are protecting you’re right to operate a motor vehicle. The drivers license is the most relied-upon government document in the daily life of the average American.

If you have a question about a traffic citation please feel free to call or email me. I will not charge you to discuss your citation. As a policy I will not take your case unless I feel I can obtain a more beneficial and cost-effective resolution than the resolution you can obtain on your own. Often in traffic citation matters I will offer clients a money-back guarantee that no points will be assessed to their licenses.

CRIMINAL CASES:

Criminal cases include felonies, misdemeanors and probation violations. Being arrested and charged with a crime is an upsetting and embarrassing experience. This website has an extensive FAQ section which will explain the steps to you from arrest up until the trial stage of a criminal case.

A criminal defendant in Florida is faced with a crowded system in which the State, with millions of dollars in law enforcement budgets, litigates against individuals who normally do not possess great wealth. Hiring the right lawyer will provide that defendant with the lifeline of hope that he or she needs.

Being a criminal defense lawyer I have the privilege of talking criminal cases day-in and day-out. It will cost you nothing to contact me in order to discuss your case. The insight you may gain could be invaluable to your future.

Citizens who have been arrested are often released from custody with only a piece of paper ordering them to appear in court. It is not unusual for someone who stands charged of committing a criminal offense to possess no useful information regarding his or her charges. Criminal prosecution can affect many aspects of an individual’s daily life including the privileges of keeping your job, holding your drivers license and collecting entitlement benefits – regardless of the fact that the State has not secured a conviction.

I feel that it is important to take charge and actively ensure that you are protecting your future. I urge all who have been accused of a crime or arrested to seek legal counsel and to obtain an attorney with whom they feel comfortable. The attorney you hire will be the individual standing beside you during what can be a nasty legal fight.

APPEALS:

Criminal appeals are the most common types of appeals found in Florida’s appellate courts. After a conviction in a criminal case it is easy to lose hope. A direct appeal is statistically the best chance of getting a defendant’s case back into court. If you or a loved one has been convicted of a crime it is critical that you obtain the services of an attorney who understands Florida criminal law in addition to the substantive and procedural limits of appellate rights.

The procedural framework for appellate practice is generally unlike the procedural framework at the trial court level. There are deadlines involved in the appellate process and it is important that your lawyer understands what they are and which ones will or may impact on your appeal.

Some attorneys who take fees for criminal appeals are not actually writing their own briefs. In order to preserve the openness of the process and the peace of mind of all involved, it is critical to retain an attorney who will actually be writing the briefs and making the argument himself. This attorney will know that it is his responsibility to meet the appropriate deadlines, provide you copies of the appellate record and distribute the accurate information that the defendant and his family deserve. This is especially important throughout the notoriously slow appellate process.

I have handled numerous criminal appeals. Two of my published opinions are available for you to read through following the links below:

Ronald A. Joseph V. The State of Florida

Charles A. Damiano V. The State of Florida.

Because the First District Court of Appeal records and archives the oral arguments which take place before it; you can watch my two oral arguments in that court by following the links below:

Video 1

Video 2