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Tampa Criminal Defense
Florida's Premier Criminal Defense Firm

Recent Posts in Criminal Defense Category

April 14, 2012

How to find a qualified criminal defense attorney

Posted By 1 800 FIGHT IT

In order to find a qualified Criminal Defense Attorney you should do a little research. Here are some factors to consider:

  1. Were you referred to the attorney by a trusted source? If a friend or co-worker recommends them, chances are there is a good reason.
  2. Does the attorney have any bar complaints? You can look up any attorney on the Florida Bar Website. If they have serious complaints or issues they will be listed on the site.
  3. Ask the attorney if they have experience with your type of case. Some attorneys practice in many different areas. They may have a family law practice and pick up the occasional criminal case but advertise themselves to be a criminal defense lawyer. Ask any potential attorney what percentage of their practice is devoted to criminal cases. If a large part of the practice is devoted to criminal law, ask if they have experience with your particular charge. Some attorneys only handle misdemeanors. Some criminal attorneys only handle traffic offenses, some only serious felonies such as rape. Asking questions will help you determine if the attorney you are considering will be qualified to handle your case.
  4. Ask how many cases they have taken to trial. If the attorney isn’t willing to try a case before a jury, they are not qualified to take your case. The decision to go to trial or not is always yours. If the attorney will not follow your case all the way through they are not the attorney for you.
  5. Did you get there name from a group or association? There are specialized groups such as the Florida Association of Criminal Defense Attorneys that attorneys can join. These groups usually have meetings and classes to keep an attorney up to date on changes in the law. If the attorney you are considering is associated with a group such as this it can be an indication of their dedication to their practice.

These are just some of the factors you can consider. If the attorney makes you feel comfortable and answers your questions it is a good indication that they are the attorney for you

Continue Reading How to find a qualified criminal defense attorney »
January 25, 2012

How to choose a Criminal Defense Attorney?

Posted By 1 800 FIGHT IT

Being arrested for a criminal offense can be overwhelming. It can be incredibly embarrassing and can cause stress in many areas of your life. When looking for an attorney to represent you, consider the following:

1. Do I feel comfortable talking to this attorney? As mentioned before, arrests can be embarrassing. There is a lot of information you will need to provide to your attorney if they are going to be able to help you. Some of the things you have to tell the attorney will be very personal. Do you feel like the attorney listens to you? Is it easy to talk to the attorney about the facts of your case? It is important that you feel a good “connection” between you and the attorney. If you can’t tell your attorney about you and your case, the attorney can’t help you.

2. Does the attorney have experience with my type of case? The more experience an attorney has in a particular area the more they know. This is especially true with criminal cases. The more serious the crime, the more important it is that the attorney know what they are doing. Ask the attorney how much of their practice is dedicated to criminal law. Don’t be afraid to ask them specific questions about your case and the offense you have been charged with.

3. Can the attorney explain my case to me in terms I can understand? Whatever happens in your case affects you. If you are convicted you get the penalty. It is important that you understand all of the issues in your case. If the attorney can’t explain your options in terms you understand then you can’t make decisions about your case. Make sure that your attorney takes the time to answer your questions in a way that makes sense to you.

4. Will the attorney take my case to trial? It is always the client’s decision whether or not to go to trial. The attorney can advise you whether or not they think you can win, but the ultimate decision is up to you. Some attorneys will only be willing to take your case through plea negotiation. They will not go before a jury. Make sure the attorney you hire is willing to take your case all the way if that is what you choose to do.

5. Will my attorney be available to speak with me? A common complaint among clients is “I can’t get a hold of my attorney!” or “I don’t know what is going on with my case.” Make sure the attorney you hire is available during reasonable hours to speak to you. Or, that they at least have an assistant who is knowledgeable so that you can stay up to date on your case.

You will know when you have made the right decision about the attorney you wish to hire. Overall, if you are comfortable speaking with the attorney and the attorney is knowledgeable and ready to represent you, you have made a good choice.

Continue Reading How to choose a Criminal Defense Attorney? »
October 20, 2010

Tampa Drug Trafficking – No Second Trial For Doctor Accused Of Prescription Drug Trafficking

Posted By 1 800 FIGHT IT

Tampa Drug Lawyer

A doctor accused of illegally dispensing prescription drugs will not face a second trial on Florida drug trafficking charges. Dr. John Mubang was tried in Tampa last month and the jury could not reach a verdict in his case. Now the state has decided to not go through with another trial and Mubang will continue to see patients as he has done since his arrest.

One of the reasons Mubang will not stand trial for a second time was the fact that five of the six jurors wanted to find the doctor not guilty. That was according to a quote from the jury foreman to the St. Petersburg Times. Circuit Judge Ronald Ficarrotta was on the bench for the case and declared the mistrial. The Seffner doctor has agreed to enter a pretrial intervention program that will last 9 to 18 months and include community service hours. Following successful completion all drug trafficking charges will be dropped.

The drug trafficking case dates back to 2008. Prosecutors accused Mubang of prescribing undercover officers addictive medication. According to charges, the doctor prescribed enough drugs to warrant trafficking charges. It was also alleged that the physician never examined the undercover detectives, never asked about their medical histories or any other pertinent questions before writing prescriptions for painkillers. The charges led to the first such trial ever in Hillsborough County.

According to Mubang’s criminal defense attorney, there were no sanctions on the doctor’s medical license and he will continue to practice medicine in Seffner. He also emphasized that there was no admission of guilt by his client. Mubang did not comment following the announcement by prosecutors but his attorney said he felt that the resolution was fair for everyone involved in the case. The quote from the jury foreman had a big effect on the prosecution not moving forward with a second trial according to Mubang’s lawyer.

Continue Reading Tampa Drug Trafficking – No Second Trial For Doctor Accused Of Prescription Drug Trafficking »
September 30, 2010

Florida DUI News – World Series Champion Yankee Ready To Face DUI Manslaughter Charges

Posted By 1 800 FIGHT IT

Florida DUI charge

One of the legendary clutch hitters in World Series and New York Yankee postseason history is facing the fight of his life on a Florida DUI charge that could result in a long DUI prison sentence. Former Yankee catcher Jim Leyritz is getting ready to be tried on a DUI manslaughter charge in a Fort Lauderdale courtroom stemming from a 2007 crash.

According to prosecutors as reported in a blog post on CNN.com, Leyritz was out celebrating his 44th birthday when he decided to get behind the when of his Sport Utility Vehicle after a “alcohol-fueled” celebration. He allegedly ran through a red light and crashed into Fredia Veitch. The 30-year-old mother of two died in the crash. It was determined following the crash that Leyritz was driving with a blood-alcohol level of 0.14.

The reason the case could be problematic for prosecutors is that court records show Veitch was also intoxicated at the time of the crash. Her blood-alcohol level was higher than Leyritz’s at 0.18. The defense is going to use the fact that the woman was drunk, along with alleging that she was distracted on her cell phone, speeding and driving with her lights off and they will also challenger the fact that Leyritz ran a red light claiming it was yellow at the time he went through the intersection.

The case will revolve around the seconds leading up to the fatal crash that lead to the DUI manslaughter charge. Leyritz’s DUI defense lawyers will have their accident reconstruction experts battle those from the state and that may be where the case is decided. There has also been an issue with discovery in the case. The prosecutors admitted a violation but said that it occurred before the trial ever started but the defense has been granted a hearing on that issue, which CNN reported as a minor victory for the lawyers defending Leyritz.

Continue Reading Florida DUI News – World Series Champion Yankee Ready To Face DUI Manslaughter Charges »
September 8, 2010

Pinellas County Arrest – Getting Bailed Out Of Pinellas County Jail Just Got A Little Easier

Posted By 1 800 FIGHT IT

Pinellas Criminal Lawyer

If you happen to find yourself in a Pinellas jail needing bail following a Pinellas County arrest, there is good news for you. The Pinellas County Jail is now accepting credit and debit cards for bail of $750 or less. This is the first jail in the Tampa Bay area to offer this service. According to TampaBay.com there are only three other jails in the state that accept credit or debit cards.

According to Jim Coats, sheriff of Pinellas County, the program was put into place to lower the number of people stuck in jail while awaiting trial. The idea came out of a meeting of the minds between law enforcement, the county clerk, judges and public defenders offices.  The limit was set at $750 despite the fact the sheriff wanted it set higher. The sheriff pushed for $1000, the state attorney for $500 so they split the difference.

The program will only apply to a small portion of people in jail as the $750 threshold will include mostly those in jail for minor charges. TampaBay.com looked at the number of people arrested in Pinellas County and sitting in jail on Wednesday. Of the 3,252 people in Pinellas County jail, only 74 would qualify to use their credit or debit cards in order to post bail. The article reported that just over 20 people have utilized the program since August 23.

Most of the crimes that involve a bail of $750 or less are traffic offenses or non-violent misdemeanors. The processing fee will be seven percent and the sheriff’s and clerk’s offices will get ten percent of that cut. The Pinellas County clerk and sheriff see the idea as a winner as will many people who are arrested and need to use credit to get out. The losers under the new plan will most likely be the bail bondsmen who were called on in the past to help these people get out of jail.

Continue Reading Pinellas County Arrest – Getting Bailed Out Of Pinellas County Jail Just Got A Little Easier »
July 26, 2010

Sarasota Criminal Courts – Those Arrested In Sarasota Face A Tougher Road To Getting Out Of Jail

Posted By 1 800 FIGHT IT

A recent study referenced in the Sarasota Herald Tribune found people arrested in Sarasota County have a harder time being released from jail following an arrest compared to arrestees nationwide. According to Florida law judges are supposed to use the least restrictive conditions on an arrestee to make sure that person appears in court while balancing the safety of the community. According to the study, defendants in Sarasota usually have to post a commercial bond twice as often as the national average.

Following a Sarasota arrest, defendants are less likely to get out of jail on their own recognizance even when it comes to first-time offenders of those arrested for DUI. According to the study the reason for this is fear. The paper says that according to this study judges are scared of losing their spot on the bench if they release a defendant who goes on to commit another crime following his or her release.

Defense attorneys argue that the restricting a defendant’s ability to be released following an arrest can hurt the person’s employment and ability to provide for children and families without ever being convicted of a crime. The study cites a famous Sarasota case where a 12-year-old was abducted, raped and murdered by a man that was released following a crime in Sarasota but 12th Circuit Chief Judge Lee Haworth who was quoted in Todd Ruger’s story said he didn’t believe that had anything to do with the statistics cited in the study.

U.S. Department of Justice statistics show that 40% of the time those who are released from jail before trial either have the charges against them dropped or they are acquitted.  The numbers from the Pretrial Justice Institute are even more eye opening. According to their figures 61% of Sarasota defendants post a pre-trial bond compared to 37% of defendants nationwide. Nationally 26% of defendants are released on their own recognizance compared to just 3% in Sarasota. Chief Judge Haworth was quoted in the article. He said judges receive background checks for every new inmate giving them accurate information to make those pretrial judgments.

Continue Reading Sarasota Criminal Courts – Those Arrested In Sarasota Face A Tougher Road To Getting Out Of Jail »
May 19, 2010

Tampa Defense Attorney News – Did ‘Hyde Park Rapist’ Really Violate His Probation Leading To His Arrest?

Posted By 1 800 FIGHT IT

Tampa Criminal Attorney

The probation violation that led to the arrest of the man known as the ‘Hyde Park Rapist’ should not hold up in court nor should his subsequent arrest according to Bobby Joe Helms’ Tampa Criminal Defense attorney. Helms’ lawyer told 10 Connects that his parole for 12 Tampa rapes and four other attempted rapes in the 1980’s expired in 2006 making the latest arrest of Helms that started as a stop for a probation violation invalid.

Helms has been in jail in Hillsborough County for almost a year. He was originally arrested following a traffic stop based on a tip he had a 17-year-old girl in his car. The arrest was based on the fact that Helms was told to stay away from the girl by his probation officer. His lawyer argued that even if Helms was still on probation there were no terms forbidding him to have contact with minors and that a probation officer cannot make up terms to add on to his probation.

If the defense attorney is right, then Helms should not be sitting in jail. According to the story on WTSP.com Helms had complied with the terms of his parole and never had committed a violation of his probation as reported by the Brevard County Sheriff’s. They had no reported problems with Helms up until last June. At that time there were reports of the 52-year-old having contact with area teenagers.

At the time of the traffic stop that led to his arrest, police did report finding Helms’ in possession of what may be illegal prescription drugs. Helms had a suspicious amount of painkillers and police suspect he may be involved in doctor shopping and prescription fraud. Authorities believe he was trying to illegally acquire Oxycodone and Xanax, which they say also violates the terms of his probation.

Continue Reading Tampa Defense Attorney News – Did ‘Hyde Park Rapist’ Really Violate His Probation Leading To His Arrest? »
April 28, 2010

Pinellas County Warrants – Man Accused Of Fatal Hit-And-Run Has A Warrant Issued For His Arrest in Pinellas

Posted By 1 800 FIGHT IT

Pinellas County Attorney

A Pinellas County arrest warrant has been issued for a 22-year-old man named Anthony Bernard Peterson. Peterson is accused of being involved in a fatal hit-and-run crash in August. According to TBO.com, Pinellas Park police believe that the 22-year-old in currently hiding out in St. Petersburg.

The arrest warrant in Pinellas stems from an August 24 car accident that left 60-year-old William Trotter dead. Trotter was allegedly hit by a Chrysler 300 that ran a red light. The collision took place just after 2:00 a.m. and Peterson has since been identified as the driver of the Chrysler. Following the accident with Trotter’s Camry, another Camry was hit by the Chrysler before the people inside the Chrysler left the scene of the accident on foot. One of the passengers in the car stayed behind following the fatal hit-and-run.

Police searched the abandoned Chrysler and found crack cocaine and marijuana. They also found an invitation to a birthday party at a strip club. The party was in honor of the passenger who stayed behind at the scene of the accident.

Police, acting on a tip, located Peterson at Manatee Memorial Hospital. He was there with a broken leg. During that interview Peterson allegedly admitted to being the driver of the car that struck Trotter’s Camry.  Peterson claimed he and his friends sped out of the Bottom’s Up club where the birthday party was held due to gunfire at the strip club.

There is no explanation as to why Peterson was not charged immediately after admitting to being the driver of the Chrysler considering the drugs found in the car, the fact he left the scene of the accident and that there was a fatality. Now Pinellas Park police are unable to locate him and are looking for the public’s help in arresting Peterson.

Continue Reading Pinellas County Warrants – Man Accused Of Fatal Hit-And-Run Has A Warrant Issued For His Arrest in Pinellas »
April 21, 2010

Collier Deputy Fired After Charges Of Molestation

Posted By 1 800 FIGHT IT

Allegations that a deputy molested a 15-year-old boy while on duty was enough to cost a Collier County law enforcement officer his job. Chuck Bullock allegedly preformed sexual acts on the 15-year-old boy twice in the past month and also threatened him if he told anyone. Bullock has been fired and charged with official misconduct and lewd and lascivious battery.

According to reports and a story from the Naples News Daily, an investigation into Bullock was launched in February after a bathroom disturbance in a Naples mall. Officers questioned a boy found with Bullock and at that point the teen leveled the allegations against Bullock. Bullock’s Florida Criminal Defense Attorney told the paper that his client denied all the charges filed against him. 

Continue Reading Collier Deputy Fired After Charges Of Molestation »
April 20, 2010

Golfer Charged With Assault After Swinging Club At Man For Not Playing Fast Enough

Posted By 1 800 FIGHT IT

A golf course argument has led to the arrest of a Florida golfer. According to ABC Action News, Brian R. Smith has been charged with aggravated assault for swinging his club at  his golf partner who Smith accused of not playing fast enough. According to the alleged victim, the golf club was swung right near his head while he was sitting in a golf cart.

Assualt And Battery Lawyers In Florida

Police reports have Smith claiming he was swinging his club at the golf cart and not at the man sitting in the cart but investigators felt there was enough evidence to arrest the man on assault charges. The incident took place at Summerfield Golf Club in Martin County. There was no indication what type of club was used in the alleged crime.

Continue Reading Golfer Charged With Assault After Swinging Club At Man For Not Playing Fast Enough »
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