Fort Lauderdale Criminal Defense Attorney

Domestic Violence

“Domestic violence” in the state of Florida is generally defined as an act of violence against a family member, household member or a former family member. It is considered a violent crime in the state of Florida and can be filed as either a misdemeanor or a felony. Generally, when there are reports of severe or substantial injury or the involvement of weapons, the case is filed as a Felony, otherwise the case is filed as a Misdemeanor. A conviction for the charge of Domestic Violence (even upon a plea of no contest and a withholding of adjudication) will result in a permanent criminal record as the law precludes one from sealing this record.

An experienced Fort Lauderdale Domestic Violence Lawyer will look at different methods in an effort to get the case dismissed or the charges reduced to a lesser offense. For example, often the alleged victim in the case does not wish to press charges. A skilled Broward Domestic Violence Lawyer retained early on in the process will contact the filing attorney and discuss the details of the case, pointing out possible weakness in the case in an effort to convince the State Attorney not to file the charge or to file a lesser offense. Many times the alleged victim is willing to file a Waiver of Prosecution which can help facilitate in convincing the filing attorney to dismiss the charges.

Violation of Probation

Probation is defined by Chapter 948 of Fla. Stat. as a type of community service requiring an, “offender”, person under the supervision of a probation officer, to comply with general and sometimes special requirements of supervision and conditions of probation. The State of Florida considers a probation sentence a privilege, not a right with its principal function being the rehabilitation of a defendant and the protection of society. Probation is usually viewed by prosecutors as an alternative to jail or prison time. However, most individuals who are placed on probation are not fully aware of the requirements of probation and the severe penalties if the probation is violated which often includes jail or prison time. Having an experienced Probation Violation Lawyer like Attorney Dave Simmons, from the Law Offices of Dave L. Simmons. P.A. will put you in the best position to get the most favorable result in your case.

Upon your Probation Officer finding you in Violation of Probation, the Officer will submit to the Court an Affidavit of Violation of Probation. The Affidavit is a sworn statement by the Probation Officer detailing why the Officer has a reasonable belief that the defendant committed the violation. Upon receipt of the Affidavit of Violation of Probation, the Court will review the allegation outlined in the warrant and determine whether there a reasonable basis exists to sign the warrant and issue a “Capias” also known as Bench Warrant for the defendant’s arrest. Most often, especially upon a felony violation, the warrant will contain a “no bond” condition. This will require the Defendant to remain in custody until a hearing date is set upon a motion for bond.

Warrants

People who learn that a court has issued a warrant allowing the police to arrest them or search their property are often understandably concerned. Simply because a warrant has been issued does not mean that a person will be convicted of a crime, though, as regardless of whether the state has a warrant, it is often unable to obtain adequate evidence to charge or convict people. Additionally, people have rights throughout the arrest and investigation process, and if their rights are violated, they may be able to argue that any evidence obtained against them was obtained unlawfully. 

Furthermore, the Courts often issue Bench Warrants sometimes called a “Capias” for failure to appear in court and for other circumstances. If you recently learned that a warrant has been issued against you, it is critical to understand what measures you can take to protect your rights, and you should talk to an attorney as soon as possible. Dave Simmons of The Law Offices of Dave L. Simmons, P.A. is a trusted Fr. Lauderdale warrant attorney who is proficient at helping people navigate the warrant process, and if you engage his services, he can assess the facts of your case and assist you in seeking the best legal outcome possible. Mr. Simmons regularly represents people who have had warrants issued for their arrest throughout Broward County.  

Theft/Shoplifting/Retail Theft

“THEFT IS CONSIDERED A CRIME OR MORAL TURPITUDE AND “PETIT THEFT DOES NOT EQUAL PETTY CONSEQUENCES.”

Many theft crimes charged by the State Attorney’s Office are considered retail theft and are Petit Theft or Grand Theft in the Third Degree range. It is the prospect of having a conviction on a permanent record that gives the most trepidation to the individuals that are faced with these particular charges. A conviction or even an allegation of theft can have a devastating effect an individual’s reputation and livelihood.

Theft is defined by the Florida Legislature as follows:

812.014(1) – Theft

A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use the property of another with the intent to, temporarily or permanently:

1. Deprive the other person of a right to the property or a benefit from the property.
2. Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

An experienced Fort Lauderdale Theft Lawyer will use multiple strategies in an effort to have the case dismissed or the charges reduced to a lesser offense. Petit Theft or Grand Theft is most often seen in shoplifting or retail theft situations. A skilled Broward Theft Attorney will evaluate case and hold the State to its burden of proving that a defendant had the necessary “INTENT” to commit the crime or was the incident just a mistake or misunderstanding.

Many individuals may benefit from acceptance into a diversion program known as “MDP” that upon successful admittance and completion, will have the result of your case being dismissed by the State Attorney’s Office.

DUI

Upon your arrest for DUI, the State of Florida will seek a conviction in your case as mandated by Florida Statute. A DUI conviction can have far reaching consequences including a negative impact on your reputation and livelihood. However, a DUI arrest does equate to a conviction. It is critical at this stage to retain an experienced Fort Lauderdale DUI defense lawyer. With an experienced Broward DUI Attorney advocating on your behalf if may be possible to have the charges reduced to a lesser offense or have the case dismissed completely.

• Driving Under The Influence or DUI : is defined by Fla. Stat. 316.193(1) and (2)(a) as; (1) Driving a vehicle or in actual physical control of a vehicle and; (2) the person is either ( a) under the influence of alcoholic beverages or any chemical substance to the extent that the person’s normal faculties are impaired; or (b) has a breath-alcohol level of 0.08 or higher; or (c) had a blood-alcohol level of 0.08 or higher.
• Actual Physical Control : is defined as a person inside the vehicle with the capability to operate the vehicle, regardless of whether the person is actually operating the vehicle at the time

In an attempt to secure a conviction on your DUI arrest, the State’s Attorney’s office will look at the Totality of the Circumstances surrounding the facts of the arrest. However, every DUI arrest has its own unique set of facts. And every defense of a DUI arrest starts with a skilled and experienced Fort Lauderdale DUI Defense Attorney conducting a comprehensive evaluation of police investigation that lead to the DUI arrest. A skilled and experienced Broward DUI Lawyer will look to various defense strategies in an effort to have your case reduced to a lesser charge or even dismissed completely.

Drug Charges

The State of Florida vigorously prosecutes drug crimes. They can be classified as either felonies or misdemeanors. The most common charge is “Possession of a controlled Substance.”

Possession Cannabis (Marijuana) Less than 20g: is defined by Fla. Stat as a First Degree Misdemeanor and is punishable by a maximum penalty of (1) year of probation; 364 Days County Jail; and up to a $1,000.00 fine.

Possession Cannabis 20g or more: is classified by Fla. Stat. as a Third Degree Felony punishable by a maximum penalty of (5) years of probation; (5) years in Florida State Prison; and up to a 5,000.00 fine.

Possession Cocaine: is defined by Fla. Stat. as a Third Degree Felony punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.

Possession Oxycodone Less than 4g: is defined by Fla. Stat. as a Third Degree Felony to possess less than four grams of Oxycodone without a valid prescription. As a Third Degree Felony, the charge is punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.

Possession of Hydrocodone Less than 4g: is defined by Fla. Stat. as a Third Degree Felony to possess less than four grams of Oxycodone without a valid prescription. Hydrocodone is the generic name for brands such as Vicodin, Lortab and others. As a Third Degree Felony, the charge is punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.

Possession of MDMA (Ecstasy, Molly) Less than 10g: stands for 3,4Methylenedioxyamphetamine and is defined as a Third Degree Felony punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.

Possession of Alprazolam (Xanax): defined by Fla. Stat. as a Third Degree Felony punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.

Possession of Synthetic Drugs Less than 3g: is defined as a First Degree Misdemeanor and is punishable by a maximum penalty of (1) year of probation; 364 Days County Jail; and up to a $1,000.00 fine.

Possession of Synthetic Drugs more than 3g: is defined by Fla. Stat. as a Third Degree Felony punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.

Possession of Methamphetamine 14g or less: is defined as a Third Degree Felony punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.

An experienced Fort Lauderdale Drug Crimes attorney will use a myriad of defenses in an effort to get the case dismissed or the charges reduced. For example, a skilled Broward Drug Possession Attorney may file a Motion to Suppress: an evidentiary hearing before the Court. If the Court grants the motion, the State would be precluded from using the evidence in trial. This ruling often leads to the case being dismissed or the charges reduced.