LAW OFFICE OF
KEVIN J. WARMBRANDT
LAW OFFICE OF
KEVIN J. WARMBRANDT
MISDEMEANOR OFFENSES
MISDEMEANOR OFFENSES
In Florida, a misdemeanor is any criminal offense which is punishable by no more than one year in a county jail. For a first degree misdemeanor, a person can be sentenced to up to one year in jail, and a maximum fine $1000.00, and for a second degree misdemeanor, the maximum jail sentence is sixty (60) days jail, and a maximum fine of $500.00.
Although not considered as serious as felony offenses, it is essential that you consult an experienced attorney to help you through the process and discuss your options and rights. At certain phases of your case, if permitted, an attorney can appear on your behalf without you having to show up to court.
If you’ve been arrested or charges with a misdemeanor, contact an attorney that appreciates these are serious offenses, and who can help you achieve the type of result that will not seriously affect your life.
FELONY OFFENSES
FELONY OFFENSES
Felony offenses are classified under five (5) categories: capital, life, 1st degree, 2nd degree and lastly 3rd degree. A capital felony relates to the most serious criminal offenses such as murder and carries a sentence of life in prison or the death penalty. A life felony is a serious criminal conviction, punishable by a fine up to $15,000.00, and ranging from 40 years in prison to a life sentence.
A first degree felony carries a maximum fine of $10,000.00 and up to 30 years in prison. A second degree felony are punishable by a fine up to $10,000.00 and 15 years in prison. Lastly, a third degree felony carries a fine up to $5000.00 and imprisonment up to five (5) years.
These are potential sentences. In any case, a felony conviction may make it difficult to obtain a job, affect your reputation, cause a loss of your civil rights, and fine housing(associations and landlords are asking for criminal background checks).
If either you have been arrested, being detained as a suspect or under investigation for any felony offense, contact an experienced attorney immediately!
Drug Crimes
Drug Crimes
If you are facing a drug charge because you are accused of being caught with drugs, then you may not be aware of what to expect. Since the penalties you face will depend on the type and amount of drugs involved, it is important to consult with an experienced attorney who understands the process as well as the issues that can be raised in defending you.
We defend clients accused of felony and misdemeanor drug offenses.
First Time Offenders
First Time Offenders
If you have never been involved in the criminal justice system before, it may be possible to have your case dismissed and have it expunged from your record. We attempt to help out clients who have never been involved in the system, so that this type of offense—especially if minor—does not affect your ability to get a job, keep your driving privileges, keep a professional license, remain in the country, and to even get into the military.
Drug Offenses
Drug Offenses
Our firm defends clients facing drug charges that range from simple possession to selling and even drug trafficking substances such as marijuana, cocaine, methamphetamine, ecstasy, heroin, and other controlled substances. Many drug offenses, by law, carry minimum mandatory sentences and almost all convictions will result in a suspension of your driver’s license.
Convictions for more serious drug offenses like sale and trafficking can result in long prison sentences or even life in prison. There are several factors that may affect a sentence including the type of drugs, the quantity, and if they were sold near a school or place of worship. Additionally, your finances may be subject to seizure under the Civil Asset Forfeiture Reform Act. Lastly, several drug offenses carry mandatory driver’s license suspensions.
Domestic Violence
Domestic Violence
These types of crimes typically involve violence and threats between people with long-standing relationships. As a result, the issues are more complicated and different than those in an assault or battery case where the accused and victim most likely don’t know each other.
If you are facing domestic violence charges, there may be situations where the court has issued a restraining order or an injunction that will prevent you from seeing your spouse or children. Charges such as assault, battery, or stalking fall under the umbrella of domestic violence cases.
If you are convicted, there may be minimum mandatory sentences. A conviction will carry penalties including intense domestic violence programs and therapy. Of course, there may be other issues involved in the relationship that will implicate other areas of the law. Because of the relationship factors it is important to consult with an attorney experienced in dealing with the issues involved in this type of case and to protect your rights.
Probation Violations
Probation Violations
If you are on probation, there will be general and special conditions that will need to be fulfilled during this period. Any minor violation of the law can be considered a violation of probation and be detrimental. Normally, these minor violations would not be as troublesome, but as a grounds for violation of probation, they can lead to additional consequences. If the court finds that you violated your probation, the penalties can be more severe than the original sentence—the court can legally sentence you again to the maximum sentence permitted.
When a violation is alleged by affidavit and an arrest warrant is issued, and served by your arrest, you may be left in jail without a bond, and if the probation is revoked by the court, you could find yourself in jail for a longer period of time.
Defenses in Probation Violation Cases
Defenses in Probation Violation Cases
The consequences for probation violations differ depending on the nature of the violation. An experienced attorney who handles violation of probation matters can assist clients facing these violations.
In some cases, the client may owe money either for restitution or a court obligation, but cannot afford to pay it due to a change of circumstances. We ask the court, in those situations, to separate this obligation from probation in order to prevent any revocation for a failure to pay.
Additionally, it is required that testimony and evidence, more than just hearsay, be introduced to prove the violation(s). If there is insufficient evidence, the affidavit of violation would be dismissed.
Bond Reductions
Bond Reductions
Any person who is arrested is required to appear before a magistrate within 24 hours to determine if there is probable cause to detain the person and for a bond hearing. Even if a bond is set, that person can apply for a bond reduction by appearing before the judge assigned to the case or even a different judge. At that time, an experienced attorney can present factors on your behalf in order to have the bond reduced or even have it set aside and other alternative conditions of release imposed instead.
Of course, any person is entitled to seek a bondsman in order to post a bond or have someone can pay a cash bond. However, if the bond is too high, it will cause the person as well as his or her family and friends to expend significant resources and funds. All the money or resources used to have a higher bond posted, may leave little or no means to retain the services of an experienced attorney
Early and immediate intervention by an attorney may result in the state not filing some or all charges, thus either leading to a significant reduction in the bond.
You are entitled to a reasonable bond so make sure you contact an experienced attorney regarding this issue.
Theft Offenses
Theft Offenses
Theft crimes will have a significant impact on your life if you are charged with one. If convicted of theft, it may be difficult to find a job or keep one.
For people who have never been involved in the criminal justice system, an attorney should be contacted with the goal of having the charge dismissed and expunged from your record. There are cases where these results may be easier to achieve. For example, if a client agrees to make restitution for the stolen property, then jail can be avoided. The restitution is usually equal to the value of the stolen items.
If you are charged with shoplifting, burglary, robbery, fraud, petit or grand theft, then it is important to consult an experienced attorney before saying anything in order to protect your rights through the legal process.
Weapons Charges
Weapons Charges
The gun laws in Florida are among the toughest in the nation. If you are accused of a crime involving a gun or involving a gun during the commission of a crime, there are minimum mandatory prison sentences that apply, including life in prison.
Also, there are various misdemeanor and felony offenses involving carrying weapons or firearms that can lead to severe consequences as well as loss of any weapon permit you may possess.
Since the consequences are severe, it is essential that you consult an experienced and aggressive attorney to review all options and defenses you may have which may result in a reduction or dismissal of the charge(s).
Expunging and Sealing of Records
Expunging and Sealing of Records
Through the years, there have been countless individuals with questions about the process involved in trying to either seal or expunge his or her record. There are a variety of reasons why you would want to seal or expunge your record, such as applications for employment, financing, educational or military programs, and more.
An arrest that results in finding guilt but where the court record states adjudication of guilt was withheld can be sealed and removed from the public records. The court record will not be generally available to the public to view. But, by law, certain governmental agencies can still gain access to the arrest record. One is also eligible for record sealing if he or she was not adjudicated guilty before or had a record sealed.
You should also consult an attorney as to whether the charge(s) you want to have sealed is one of the 39 specific charges that cannot be sealed or expunged even if adjudication was withheld, unless the charge(s) are dismissed, not filed or you are acquitted.
All arrests that either result in a dismissal, the state declines to file any charges, the state drops the charges(s), or if you are found not guilty by the court or jury, are eligible for expunging if you have never been adjudicated guilty or delinquent.
The effect of the expunging is that the arrest is removed from your public record and cannot be accessed because the expunged record would no longer exist and when destroyed, the records cannot be reviewed unless where the FBI may be involved.
Ultimately, you should consult an attorney who has handled expunging and record sealing on both the misdemeanor and felony level and is schooled on the process of what applications, petitions, and other paperwork is necessary, as well as the proper petitions and orders to file with court.
Finally, in the age of the internet, you can have the clerk of court remove your name from any court computer systems but there may be an additional fee for them to do that and complete the entire process.
Search and Seizure Defenses
Search and Seizure Defenses
The law in Florida regarding search and seizure issues and defenses is ever changing, so it is important that if the issue may apply in your case, to consult an experienced attorney as to whether an illegal search and seizure exists is any given case.
Generally with some exceptions, the police need probable cause and a warrant signed by a judge to search a person or place, his or her vehicle, or other property. Without a warrant, there are limitations as when the police can conduct a search. One notable exception is if the person gives his or her consent or permission to search.
The request by the police to search can place anyone in a difficult situation. Be aware that if asked by a police officer to search your person or property, you have the right to refuse such a request.
Because the law is constantly changing, not even the police can keep up with the changes and often many searches and seizures are made illegally and all evidence obtained as a result is subject to being suppressed or excluded by the court.
The circumstances of a search and seizure must be analyzed to determine if a motion to suppress any evidence seized as a result of an illegal search and seizure should be considered. Many times, these circumstances are discovered early on while the case is being investigated and statements are taken. This will ensure that this evidence is not used against the person arrested and may result in the state dropping the charges or reducing them.