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Florida's Premier Criminal Defense Firm
Recent Posts in felony Category
April 17, 2012
What are the different types of felonies?
Posted By 1 800 FIGHT IT
There are several categories of felonies:
- Capital Felonies – are felonies punishable by death. The most common capital crimes are first degree murder and sexual battery on a person under 12 years of age.
- Life Felonies – are felonies punishable by life in prison. A person must serve at least 30 years of a life sentence. Life felonies include sexual battery of a person over 12 years of age and felonies in which a firearm is discharged (such as robbery with a firearm).
- First Degree Felonies – are punishable by up to 30 years in prison. A common first degree crime in burglary with an assault or battery. Robbery with a weapon other than a firearm is also a first degree felony.
- Second Degree Felonies – are punishable by up to 15 years in prison. Dealing in stolen property is an example of a second degree felony.
- Third Degree Felonies – are punishable by up to 5 years in prison. The most common third degree felonies are grand theft and driving on a suspended license as an habitual offender.
No matter which felony you have been accused of, the penalty is serious. There are also unforeseen consequences such as fines, loss of your voting rights, registration penalties and possibly even the loss of a job or home. If you have been arrested for a felony contact a criminal lawyer now! An attorney will act in your best interest and protect your rights. Don’t wait! Call an attorney today!
April 11, 2012
How to beat a felony
Posted By 1 800 FIGHT IT
The best way to beat a felony is not to get arrested. However, should you be arrested for a felony there are two very important things you must do:
#1 – DO NOT DISCUSS YOUR CASE WITH ANYONE EXCEPT AN ATTORNEY!! All calls in the jail are recorded, and your “cellmate” will rat you out if it means getting a better deal. Only discuss your case with your attorney. If you tell anyone else anything the State will try to use what you said as evidence against you.
#2 – Hire an experienced Criminal Defense Attorney!! If you have been charged with a felony, you need a good lawyer to represent your interests. Here are some of the things an experienced lawyer will do to help you beat your charge:
- Once you hire an attorney, the lawyer will ask to view all of the evidence against you. The lawyer will also take statements of any and all witnesses. By doing this a good attorney can find weaknesses in the State’s case that may help you either beat the charge or get the charge reduced.
- The attorney will talk with your witnesses. If they have helpful information the attorney will list them in your case. That way they will be able to testify on your behalf.
- Make all of your necessary court appearances. If you fail to appear at a mandatory court date, the judge will issue a warrant for your arrest.
- Stay under the radar! Don’t do things that violate the terms of your release and don’t do anything that could result in more charges being brought against you. Don’t return to the location where the crime supposedly occurred and do not associate with co-defendants until the conclusion of the case.
- Be honest and up front with your attorney! If you lie to your attorney they can’t help you. It is very important you tell them EVERYTHING! The attorney can not reveal anything you tell them to the Court. But if you don’t tell them and it comes out later in trial it may hurt your case. So make sure you tell them everything that happened.
No lawyer can ever guarantee an outcome in a criminal case. But by following the steps above you can put yourself in the best position to get the most favorable outcome for your situation.
April 5, 2012
How long does a felony stay on your record?
Posted By 1 800 FIGHT IT
A felony stays on your record forever unless you are eligible to have the record sealed or expunged. Even if the record is sealed or expunged, law enforcement can access the record. But the general public can’t.
Most applications for jobs, housing or licenses ask the question “Have you ever been convicted of a felony?” If you say yes, they ask what year. This means even if the background check they perform does not go back as far as your arrest, they may still find out about your charge.
If you are convicted of a felony, you can petition to have your civil rights restored after 10 years. But this does not erase the felony from your record.
If you have been arrested for a felony, make sure you hire an attorney to help protect your rights. A conviction can result in the loss of a job, voting rights, the right to own a firearm and can ever result in eviction from housing or homeowner associations. If you think you qualify for an expungement contact an attorney immediately to start the process. The sooner you can seal the record the better off you will be.
March 30, 2012
Does a felony show up on a background check?
Posted By 1 800 FIGHT IT
Yes. Felony arrests show up on a background check. These are usually the charges the agency is looking for when they perform the check as they are considered to be very serious. Felony charges can affect an employer’s insurance or bond rates. This means if you have a felony, the employer may not hire you. If you are applying for housing the association may disqualify you for a felony conviction. If you are applying for a professional license, the felony may disqualify you from obtaining the license.
Most applications for jobs, housing or licenses ask the question “Have you ever been convicted of a felony?” If you say yes, they ask what year. This means even if the background check they perform does not go back as far as your arrest, they may still find out about your charge.
If you have been arrested for a felony, hire a lawyer immediately! Protect your rights. If you have a felony on your record, contact an attorney to see if you qualify for expungement. In either case, speak to an attorney to see what you can do to protect your good name in the event you must get a background check.
March 24, 2012
Can you get a job with drug charges?
Posted By 1 800 FIGHT IT
It depends on the type of job you are applying for. Some jobs such as home health, nursing or other jobs in the medical profession will not allow you to work with pending drug charges. You may not be able to obtain a job that requires a professional license. If you have a job as a teacher or teacher’s aide you may not be able to work while the charge is pending.
Many jobs today require random drug testing. This is true even if you are a stock person or cashier. A pending drug charge may prompt your employer to test you in accordance with the company policy.
It also may make a difference whether the charge is a misdemeanor or felony. Some jobs disqualify applicants automatically for felony charges. It may also make a difference to your employer what type of drug it is. Some employers may not care about a marijuana charge, but will not consider hiring you for cocaine. It may also make a difference to an employer whether the charge is for possession of drugs or sale of drugs.
These are just some of the considerations an employer considers when you apply for a job with a pending drug charge. If you have been arrested contact an attorney to discuss your options and how to put yourself in the best light for future employers.
February 6, 2012
Can you get a job with a felony on your record?
Posted By 1 800 FIGHT IT
Felony convictions have a large impact on your life. There are several civil rights that you lose, and in some cases you are forced to register with the local sheriff’s office for the rest of your life. But the worst impact is on your ability to keep a job.
Many companies will conduct a background check prior to hiring an individual for a position. Most companies will not hire someone with a felony conviction. Also, a felony conviction can result in a suspension of some professional licenses making it illegal for an employer to hire you.
However, there are companies that receive tax breaks for hiring individuals who have been convicted of a felony. There are also bonding policies (sort of like insurance policies) that are available for people who have been convicted. These policies assure an employer that if you do something wrong, the company will be covered. Smaller companies are more likely to hire you than a larger chain. You can also work for yourself.
To find a list of employers who are willing to hire felons or to obtain a bonding policy, contact your local workforce development office. They can assist you with job placement.
January 31, 2012
What is a Felony?
Posted By 1 800 FIGHT IT
A felony is a crime that is punishable by more than one year in prison.
Most of the time felonies are serious crimes such as murder, rape and burglary. But sometimes three or more convictions of a “simple” or “stupid” crime, like petit theft, driving on a suspended license or a DUI charge can be filed as a felony.
A felony conviction can have serious consequences. It can result in loss of civil rights such as the right to vote or have a firearm. If you live in housing that requires a background check or security clearance it can result in eviction. It may also impact your job or professional licensing. If you have been accused of a felony it is important to have good representation to protect you.
November 9, 2010
Florida DUI News – Tampa Man Pleads Guilty To DUI Manslaughter Charges Now Awaiting DUI Sentence
Posted By 1 800 FIGHT IT

A series of car crashes that led to multiple DUI charges in Tampa including DUI manslaughter against an Army veteran has led to the man pleading guilty after claiming his innocence for more than a year. Randy Archiquette is waiting to be sentenced now on two counts of DUI manslaughter, three counts of DUI with property damage and leaving the scene of numerous accidents.
Archiquette could be looking at life in prison for killing two women in a series of crashes. According to TampaBay.com on April 13, 2009 Archiquette caused five crashes in a 30-minute period while driving his Chevrolet Yukon with a 0.147 blood alcohol level. He was driving near Hillsborough and Florida Avenues when his truck finally flipped ending his rampage. Following the crashes Archiquette learned that 20-year-old Brittany McFarland and 69-year-old Betty Williams were both dead. He steadfastly denied he could have killed the two women. Prosecutors contend that Archiquette was not only drunk but under the influence of prescription drugs as well at the time of the car crashes.
The families who lost loved ones that day will have to wait until February 11 to find out what Archiquette’s Florida DUI sentence will entail. The judge warned Archiquette that he could not change his mind once he pleads guilty and the penalty for DUI manslaughter in Florida could be life in prison. Archiquette acknowledged that he understood that. He has already been in jail for 19 months since his arrest as he was not given bail. The Army veteran spent 12 years serving his country and has two young daughters.
Several family members attended the hearing as did the grandmother of Summer Moll who was severely injured in a DUI crash in which Tammy Rosian also lost her daughter. Rosian connected with families of the victims of this accident on Facebook and came to lend support.
October 25, 2010
Pinellas Drug Charges – St. Petersburg Lawyer Arrested On Charges Of Trafficking In Oxycodone
Posted By 1 800 FIGHT IT

A Pinellas County lawyer has been arrested in Clearwater on drug charges for allegedly attempting to smuggle the painkiller Oxycdone into the Pinellas County Jail. The lawyer was arrested Friday at a Clearwater gas station where he was set to make an exchange with undercover deputies. The investigation began following a tip to the Pinellas County Sheriff’s.
The St. Petersburg Times is reporting that the sheriff’s received a tip on Thursday that the lawyer was bringing illegal substances into the jail. At that point detectives reached out to the lawyer to and set up a deal where the lawyer would take 50 oxycodone pills into the jail in exchange for 20 of the painkillers for himself. The attorney was arrested at the time of the exchange. The arrest took place at a Mobil gas station located on the 4800 block of Ulmerton Road.
The 31-year-old suspect has been charged with trafficking in oxycodone and possession of a controlled substance. A former Hillsborough County assistant state attorney, the current defense lawyer has been a licensed attorney in Florida for five years. He came under heavy criticism by Hillsborough County Judge William Fuente in 2008 for his defense of a shooting suspect. The trial involved David Rolon who was accused of shooting his neighbor in Sulphur Springs. The judge granted a motion for a new trial based on his in adequate representation of his client. There are no disciplinary actions on record against the man with the Florida Bar despite that judge’s ruling in the case.
In August the man was arrested on spousal battery charges that were eventually dropped. He is currently in the Pinellas County Jail on $105,000 bail on his current Florida felony drug charges. According to another newspaper report the investigation into the attorney is on-going and more information could be forthcoming.
October 20, 2010
Tampa Drug Trafficking – No Second Trial For Doctor Accused Of Prescription Drug Trafficking
Posted By 1 800 FIGHT IT

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.
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