Understanding Post-Conviction Motions in Fort Lauderdale

What Are Post-Conviction Motions?

Post-conviction motions in Fort Lauderdale are legal requests made after a trial to review or alter court decisions. Criminal Defense Attorneys file these motions serve several purposes, such as correcting a wrongful conviction or an unfair sentence, introducing new evidence, or addressing violations of rights during the trial.

Common post-conviction motions include:

• Motion for a new trial
• Motion to vacate a conviction
• Motion to reduce or modify a sentence

If you or a loved one is navigating the legal challenges following a criminal conviction in Fort Lauderdale, you’re likely searching for ways to challenge or overturn a verdict. The right to file a post-conviction motion is a vital legal avenue that may offer relief and justice. Fort Lauderdale Post-Conviction Motions Lawyers are equipped to guide you through these complex legal avenues, fighting for a second chance.

The Importance of a Skilled Lawyer

Post-conviction proceedings are nuanced and require an understanding of both legal principles and procedural requirements. A Fort Lauderdale Post-Conviction Motions Lawyer can evaluate the specifics of your case, advise on the most appropriate motions, and present a compelling argument to the courts. They play a crucial role in filing successful motions by navigating the Florida state laws and federal laws applicable to post-convictions.

Legal Grounds for Post-Conviction Motions

Understanding the legal grounds for filing a post-conviction motion is essential for building a robust case. Some of the legitimate grounds include:

• Ineffective Assistance of Counsel: If your defense lawyer failed to provide an adequate defense, you might have a valid claim under the Sixth Amendment.
• Newly Discovered Evidence: Any new evidence that could potentially change the outcome of the trial can be grounds for a motion.
• Prosecutorial Misconduct: Instances where improper actions by the prosecution affected the fairness of the trial.
• Trial Errors: Errors that occurred during the trial process, such as improper jury instructions, that may justify a reversal or modification of the verdict or sentence.

For more in-depth legal information, refer to the Sixth Amendment resources at Cornell Law.

Frequently Asked Questions

Local Resources for Assistance

If you are dealing with post-conviction issues in Fort Lauderdale, consider reaching out to the following resources for guidance and support:

The Role of Leah Mayersohn in Post-Conviction Defense

Leah Mayersohn, a renowned Fort Lauderdale Criminal Defense Lawyer, brings a wealth of knowledge and dedication to each case. At Mayersohn Law Group, located in the heart of Fort Lauderdale, Leah and her team provide personalized attention to clients, advocating fiercely for justice. With an in-depth understanding of the legal landscape, they identify viable options for post-conviction relief and fight doggedly to achieve favorable outcomes for their clients.

If you or a loved one need assistance with post-conviction motions, contact Leah Mayersohn today. Her experience and commitment can help navigate the challenges and improve your chance for a just resolution.

To learn more or schedule a consultation, visit Mayersohn Law Group or reach out by phone at 954-765-1900.

Fort Lauderdale DUI Charges: What You Need To Know

Finding yourself facing DUI charges in Fort Lauderdale can be a highly stressful and perplexing experience. With serious consequences looming, it’s crucial to understand your rights and the legal procedures involved. Fortunately, a knowledgeable Fort Lauderdale DUI Lawyer can provide guidance and support throughout this challenging time, ensuring your case is handled with the attention and care it deserves.

Understanding DUI Laws in Fort Lauderdale, Florida

Driving under the influence (DUI) in Fort Lauderdale falls under Florida Statutes Section 316.193. According to the law, a person is considered legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher. However, even a lower BAC can lead to DUI charges if the driver’s normal faculties are impaired. Being aware of these details is vital as they form the criteria upon which enforcement officers may initiate legal action. For more information about Florida DUI laws, you can reference the official Florida Statutes at Florida Statutes Section 316.193.

Potential Consequences of a DUI Conviction

Being convicted of a DUI in Florida can result in several unfavorable outcomes:

• Fines ranging from $500 to $5,000, depending on the severity of the offense and BAC level.
• Probation terms lasting up to one year.
• Community service requirements of up to 50 hours.
• Mandatory attendance of DUI school and rehabilitation programs.
• Driver’s license suspension lasting from six months to a year.
• Installation of an Ignition Interlock Device (IID) on your vehicle.
• Potential jail time, especially for repeat offenders or cases with aggravating factors.

How a Fort Lauderdale DUI Lawyer Can Assist You

Experienced Fort Lauderdale DUI Lawyers like Leah Mayersohn understand the intricacies of local DUI laws and are prepared to offer a robust defense against such charges. Here’s how engaging the services of a DUI lawyer can be beneficial:

Thorough Case Analysis

A proficient DUI lawyer will thoroughly review all aspects of your case, including the circumstances of the traffic stop, evidence collected, and the accuracy of BAC tests. This comprehensive evaluation helps identify any procedural errors or rights violations that can be used to your advantage.

Plea Bargaining and Negotiations

Many DUI cases are resolved without going to trial through plea bargaining. A seasoned lawyer will negotiate with prosecutors to potentially reduce charges or penalties, such as seeking participation in diversion programs instead of a formal conviction.

Representation in Court

If your case proceeds to trial, having a skilled DUI attorney is crucial. They will present compelling arguments, cross-examine witnesses, and leverage evidence to protect your interests and work toward a favorable outcome.

Frequently Asked Questions About Fort Lauderdale DUI Lawyer

Local Fort Lauderdale Resources

Ensuring you have access to additional resources can be beneficial when dealing with DUI charges.

The Trusted Approach of Mayersohn Law Group

With years of experience in defending DUI and criminal charges, Leah Mayersohn and her team at the Mayersohn Law Group are dedicated to providing compassionate and tailored legal representation. Whether you face your first DUI charge or have encountered repeat offenses, seeking the right legal assistance can profoundly impact your case outcome. If you or someone you know is grappling with DUI charges in Fort Lauderdale, don’t hesitate to reach out to the Mayersohn Law Group for the attentive and reliable support you need. You can contact them at Mayersohn Law Group or by calling 954-765-1900.

Finding a Compassionate Criminal Attorney Near Me in Fort Lauderdale

If you’re facing criminal charges in Fort Lauderdale, seeking legal assistance might feel overwhelming. Whether it’s an alleged DWI, white-collar crime, or another charge, these situations require a trusted, steady hand. A competent and understanding criminal attorney nearby can significantly ease this burden. Let’s go over some essential information about what you can expect from a criminal defense attorney in Fort Lauderdale.

Understanding Criminal Defense Law

Criminal defense encompasses representing individuals charged with crimes, defending them in court, and working to negotiate plea deals or other favorable resolutions. In Fort Lauderdale, charges can range from misdemeanors to serious felonies, with corresponding penalties that vary widely. Understanding Florida’s legal statutes is paramount. For detailed legal definitions, you can explore Florida Statutes.

Key Responsibilities of a Criminal Attorney

• Conducting an independent investigation into the charges.
• Gathering and analyzing evidence critical to the defense.
• Representing the client at all court hearings and trial proceedings.
• Advising the client of their legal rights and options.
• Negotiating with prosecutors for plea bargains when beneficial.

Types of Criminal Charges in Fort Lauderdale

Here is a closer look at some common charges where legal guidance is invaluable:

• DWI (Driving While Intoxicated): A serious offense that can lead to fines, license suspension, or imprisonment.
• White Collar Crimes: Includes offenses like fraud, embezzlement, and insider trading, frequently involving complex financial schemes.
• Violent Crimes: Ranges from assault to robbery, often carrying severe penalties.
• Drug Offenses: Possession, distribution, or manufacturing of controlled substances.

Frequently Asked Questions

Local Resources for Legal Assistance and More

Choosing the Right Criminal Attorney for Your Needs

Choosing the right attorney can significantly impact the outcome of your case. Consider these factors during your search:

• Experience with cases similar to yours.
• The attorney’s track record and reputation within the community.
• Communication style and level of responsiveness.
• Your comfort level and trust in their advice.

Why Choose Leah Mayersohn for Your Defense

Leah Mayersohn is a dedicated criminal defense attorney located in Fort Lauderdale. With a profound commitment to her clients and deep knowledge of the law, she is well-equipped to handle your case with sensitivity and professionalism. Her practice provides comprehensive criminal defense services that address each client’s unique situation.

If you are facing criminal charges in Fort Lauderdale, consider reaching out to Leah Mayersohn at Mayersohn Law Group. Located conveniently at 500 E Broward Blvd , Suite 1580, Fort Lauderdale, FL 33394, or simply call 954-765-1900 for a consultation. Having a seasoned attorney like Leah can bring peace of mind during a challenging time.

Your legal journey doesn’t have to be taken alone. Let a compassionate and capable criminal attorney near you stand by your side, advocating for your best interests from start to finish.

Understanding the Role of a Ft. Lauderdale Mental Health Lawyer

Mental health issues are increasingly becoming prevalent. For residents of Fort Lauderdale, dealing with the legal system while grappling with mental health challenges can be overwhelming. This is where a Ft. Lauderdale Mental Health Lawyer steps in, offering the support and expertise needed to address criminal charges intertwined with mental health concerns. With a compassionate and approachable demeanor, these legal professionals strive to ensure that justice is served while addressing the individual’s mental health needs.

The Intersection of Criminal Charges and Mental Health

Criminal charges often arise from situations where mental health issues are a contributing factor. Ft. Lauderdale recognizes the importance of considering mental health in the justice system. As such, legal measures are in place to ensure that individuals facing charges are treated fairly and equitably.

For instance, Florida’s mental health laws, like the Baker Act, allow for the involuntary examination and treatment of individuals experiencing mental health crises. For someone entangled in the legal system, understanding these laws is essential for their defense.

What a Ft. Lauderdale Mental Health Lawyer Offers

• Comprehensive understanding of both criminal and mental health laws.
• Negotiation skills to work with the court for reduced sentences or alternative sentencing.
• Coordination with mental health professionals to create a robust defense strategy.
• Guidance and support for families navigating the legal system alongside loved ones.

Relevant Florida Laws and Their Impact

Laws such as the Florida Mental Health Act, commonly known as the Baker Act, can significantly impact legal proceedings. This legislation permits individuals showing signs of mental illness to be held for involuntary examination. Understanding how these laws intersect with criminal proceedings can significantly influence the outcome of a case.

Additionally, Florida offers diversion programs aimed at rehabilitation rather than punishment. These programs are crucial for individuals whose criminal behaviors stem from untreated mental health issues. A skilled Ft. Lauderdale Mental Health Lawyer will often advocate for such alternatives, presenting them as viable options to the court.

FAQs About Ft. Lauderdale Mental Health Lawyers

Local Resources in Ft. Lauderdale

Residents of Ft. Lauderdale have access to a wealth of mental health and legal resources. Leveraging these can provide invaluable support both before, during, and after any legal proceedings.

Addressing the Needs of Ft. Lauderdale Residents

Combining criminal defense with mental health advocacy requires dedication and expertise. A Ft. Lauderdale Mental Health Lawyer like Leah Mayersohn understands this intricate balance well, focusing not just on the legal aspects but also on holistic well-being. At Mayersohn Law Group, located on 500 E Broward Blvd , Suite 1580, Fort Lauderdale, individuals find a blend of legal acumen and empathy. Leah Mayersohn is committed to representing her clients with integrity and compassion. Whether it’s tackling DUI charges or white-collar crimes while considering mental health components, her firm navigates these legal waters skillfully.

If you or a loved one in the Fort Lauderdale area are dealing with the complexities of criminal charges compounded by mental health issues, seeking professional legal support can be the first step towards favorable resolution and personal healing. Reach out to Mayersohn Law Group at Mayersohn Law or call 954-765-1900 for the guidance you deserve.

Common Terms Used in the Criminal Justice System in Broward County

Like any other state, the criminal justice system in Broward County, Florida has its own set of unique terms that can be difficult for the average person to understand. Whether you are facing criminal charges or want to learn more about the legal system, it is essential to have a basic understanding of these common terms. 

This article will explore some of the most frequently used terms in the criminal justice system in Broward County.

Frequently Used Terms in the Criminal Justice System in Broward County

Some of the common terms used in the criminal justice system in Broward County include;

1. Arrest

An arrest happens when a law enforcement officer takes someone into custody to charge them with a crime. The arrest can be made with or without a mandate, depending on 

the turn of events.

2. Booking

After an arrest, the suspect is taken to a law enforcement facility for booking. This process involves taking the suspect’s fingerprints, photographs, and personal information. The suspect is searched, and personal belongings are taken and held until released.

3. Bail

Bail is a sum of money paid to the court to secure the release of a suspect from jail while they await trial. The amount of bail is determined by the judge and is based on several factors, including the severity of the crime and the suspect’s criminal history.

4. Charges

Charges refer to the specific criminal offenses a suspect is accused of committing. The prosecutor formally files the charges, which can be amended or dropped at any time.

5. 
   Plea

A plea is a suspect’s response to the charges against them. If the suspect pleads guilty or no contest, they admit to the charges and will be sentenced accordingly. If the suspect does not plead guilty, they will proceed to trial.

6. Trial

A trial is a legal proceeding in which the prosecution and defense present evidence and arguments to a judge or jury. The trial aims to determine whether the suspect is guilty of the charges against them.

7. Verdict

The verdict is the decision reached by the judge or jury at the end of the trial. If the judge finds the suspect guilty, they will be sentenced. If they are found not guilty, they will be acquitted and released.

8. Sentencing

Sentencing is how a judge determines the punishment for a convicted defendant. These sentences include probation, community service, jail time, or fines.

9. Appeal

An appeal is a request to seek the higher court for justices if not satisfied with the lower court’s verdict. An appeal can be made by either the prosecution or defense and is typically based on a claim that a legal error was made during the trial. 

10. Probation

Probation is when a convicted defendant is released into the community under the supervision of a probation officer. The defendant must follow certain conditions, such as attending counseling or staying away from certain people or places.

 How Mayersohn Law Group Makes This Process Easier

Our attorneys at Mayersohn Law Group offer personalized legal assistance to help clients understand their rights and options. We take the time to explain the charges, potential penalties, and the legal process, ensuring clients are well-informed and prepared.

Personalized Legal Assistance

We offer personalized legal assistance to help you understand your rights and options within the criminal justice system in Fort Lauderdale and throughout Florida. We take the time to explain the charges, potential penalties, and the legal process, ensuring you are well-informed and prepared.

Bail and Bond Support

 We assist you in securing bail, explaining the conditions, and ensuring compliance to prevent further legal complications.

Negotiating Plea Deals

If you are considering a plea deal, we negotiate with prosecutors to reach favorable agreements. We ensure that any plea deal is in your best interest and provides the best possible resolution.

Comprehensive Trial Preparation

If your case goes to trial, we prepare by gathering evidence, interviewing witnesses, and developing a strong defense strategy. Our thorough preparation and courtroom experience increases the likelihood of a successful defense.

Appeals and Post-Conviction Relief

If you are dissatisfied with a trial’s outcome, we can assist with filing an appeal. We analyze trial records for legal errors and work to secure a more favorable verdict or sentence.

Probation Management

We help you navigate probation terms, ensuring you understand and comply with all conditions. This support minimizes the risk of probation violations and additional penalties.

Supportive Legal Counsel

Throughout the entire legal process, we provide supportive legal counsel, addressing any concerns or questions you may have. Our commitment to your satisfaction and justice makes us a trusted partner in navigating the criminal justice system.

Contact Details 

If you need help understanding the criminal justice system in Broward County, call us now to schedule a consultation.

Tel: 954-765-1900

www.mayersohnlaw.com

Build a Strong Criminal Defense in Florida

Building a compelling case and crafting a winning criminal defense plan in Florida is essential if you have been accused of a crime. Although being charged with a crime can be frightening and intimidating, knowing that you are innocent until proven guilty and that the U.S.

The constitution guarantees you the right to a strong defense is vital. A strong defense strategy may cite constitutional violations, prove an alibi, or claim self-defense, entrapment, or insanity, depending on the case’s specifics.

1. Hire an Experienced Defense Attorney for Your Criminal Defense in Florida

The first vital step is hiring a criminal defense lawyer well-versed in Florida court procedures and criminal law. Your lawyer can help you create a solid defense, advise you on your rights, and lead you through the court process.

2. Know Your Right

You must be aware of the several constitutional provisions that protect your rights. You have the right to silence and the right to counsel under the Fifth Amendment of the United States Constitution. You also have the right to cross-examine witnesses, have suitable representation, and have your case heard by a jury according to the Sixth Amendment.

3. Gather Evidence and Information for a Solid Criminal Defense in Florida

You can work with your lawyer to compile proof and information to strengthen your case. This may consist of witness testimony, police reports, medical records, and other data pertinent to your lawsuit.

4. Develop a Defense Strategy

Your lawyer will create a defense plan suited to your case based on the information and evidence acquired and the assessment of the prosecution’s case. This could entail contesting the admissibility of specific evidence, arguing that the trial has not satisfied its burden of proof, or putting out counterarguments.

5. Disclose All Details to Your Attorney

You must tell your lawyer the truth and give them all the pertinent information regarding your case. Your criminal lawyer can only develop a successful defense plan once they have all the information. The attorney-client privilege is in effect when you speak with the defense attorney about your case. This implies that your lawyer cannot disclose the protected information you give them even if you admit your involvement in the crime.

6. Consider Plea Bargains or Alternative Resolutions

In some cases, your defense attorney may advise you to consider a plea bargain or alternative resolutions, such as diversion programs. A plea bargain can reduce charges or lessen penalties, while diversion programs may allow you to avoid a conviction by completing specific requirements. These options depend on the nature of the charges and the strength of the prosecution’s case, but they can sometimes offer a more favorable outcome than going to trial. Your attorney will help you weigh the pros and cons of these choices to make the best decision for your case.

Frequently Asked Questions 

Contact Mayersohn Law Group
At Mayersohn Law Group, we specialize in providing a strong defense for clients facing legal challenges. on’t leave your future to chance—let our experienced attorneys be your strongest advocate.

Phone: (954) 765-1900

Email: [email protected] 

Understanding the jury’s role in criminal case proceedings is crucial since the right to a jury trial is a key component of the judicial system. Anyone facing a potential punishment of at least six months in prison is entitled to a jury trial under the Sixth Amendment of the United States Constitution. An offense that carries a sentence of fewer than six months in prison does not qualify for a jury trial. In some states, the right to a jury trial is generally not available to adolescents in juvenile delinquency trials.

The Function of a Jury in Criminal Case Proceedings

A jury of one’s “peers” is guaranteed under the Constitution, and the courts construed this as a representative sample of one’s community. Before criminal case proceedings begin, a jury is chosen and impaneled through a procedure known as “voir dire.”  It is when lawyers and the judge may examine the potential jurors to ensure their suitability to serve and maintain objectivity in a particular case.

The jury next hears the prosecution’s case, considers any potential counterarguments, and assesses the evidence to decide if it proves the charged criminal acts beyond a reasonable doubt. The jury’s task is to deliberate as a group, weigh the evidence, and, once the required agreement is reached, declare a finding of guilty or not guilty in a particular case.

The benefit of a Jury

The jury trial’s principal advantage is that it checks the prosecutor’s unrestricted power. Prosecutors have a great deal of power in Criminal Case when determining whether to charge a person with a crime and what charges to file. But prosecutors make decisions with the knowledge that once they present the evidence, a panel of people they do not know will decide their case in a trial by jury system.

Limitation of a Jury Trial

Jurors are laypeople who occasionally must comprehend difficult legal principles and apply those concepts to the issue without letting emotion cloud their judgment. It is a difficult task that takes a lot of time, especially when it involves significant felonies.

Finally, the case is typically returned to the judge for punishment if the jury finds a defendant guilty on consensus. They frequently receive an “Allen” charge to retry, or the case is declared a mistrial If the jury cannot reach a consensus.

Self-defense is a form of affirmative defense used in Florida to prevent the legal consequences of violent conduct that would otherwise be illegal. A self-defense argument under Florida criminal law admits that violent conduct occurred. But it defends it because it was arguably required to stop someone else from using unlawful force.

Use of Non-deadly Force

According to Florida Statutes Section 776.012, a person is justified in using non-deadly force in self-defense if they have a good faith belief that doing so is required to protect themselves or another against the impending use of unlawful force by that person. There is no obligation to flee. According to Section 776.013 of the Florida Statutes, the law will presume that the defendant reasonably feared impending death or physical harm if the alleged victim forcibly entered, stayed inside, or tried to eject someone else against their will if the defendant is in their home or vehicle.

Use of Deadly Force

Florida has two main statutes define when using deadly force is appropriate to prevent criminal culpability. According to Florida’s “Stand Your Ground” Law, Section 776.012, a person is allowed to use deadly force without having to retreat if they have a reasonable belief that doing so is necessary to stop a forcible felony from being committed, prevent imminent death or great bodily harm to themselves or another person, or both. A person is also justified in using lethal force under Florida Statutes Section 782.02 if they resist an attempt to kill them or to commit a crime against them, as well as against them, as well as against them, or in the home where they are located.

Evidence Required to Raise a Self-Defense Under Florida Criminal Law

The defendant has a right to self-defense in Florida if the evidence supports the claim. This is a common criterion; thus, a little proof will be adequate, even if self-defense is incredibly tenuous or unlikely. The State’s evidence may even be used to infer self-defense without the defendant or a defense witness ever taking the stand.

Lastly, a jury will consider what a reasonable person would have done in the given circumstances at the time of the incident to justify using deadly or non-deadly force.

Key Terms You Need to Know in Criminal Cases and Criminal Prosecution

A criminal case is where a prosecutor charges a person with a crime. The criminal prosecution process often involves an arrest, information about the crime, and a hearing or indictment. However, it is great to have a proper understanding of the basic terms involved in criminal cases and criminal prosecution proceedings.

Here is a list of key terms you should be familiar with, regardless of your position in a criminal case.

1. Subpoena/ Criminal Summon

An order that commands an accused person to appear in court.

2. Admissible Evidence

This is a piece of evidence that a court may consider for to its reliability and possible help on a criminal case.

3. Dismissal

It is the cancellation of formal charges of a criminal case against a person.

4. Eye Witness

When a crime happens in the presence of a person, such an individual is an eyewitness.

5. Beyond A Reasonable Doubt

The proof helps to seal a guilty or innocent verdict. This type of proof convinces the jury or judge that a person is guilty or innocent of a crime.

6. Brief

This is a written argument by a counsel that is used to argue a case and contains a summary of the facts of the case.

7. Accused

This individual is formally charged with a criminal case but has not faced trial.

8. Admission

It is the confession of a crime by an accused individual.

9. Accessory

Someone who assists another person in committing a felony, e.g., a person that hides evidence that can be useful in an investigation.

10. Accomplice

A person assists or aids another person in committing a crime.

11. Bail

Bail serves two different purposes. It is the amount of money paid to secure the release of a person. Also, it is the amount of money paid to guarantee a person’s appearance in court later.

12. Jail

It is a place where individuals serving short-term sentences are held.

13. Incarceration

It is the confinement of an individual to jail.

14. Judgment

It is the official decision or ruling of a court that determines the parties’ respective claims to a suit. Judgment can also be said to be the court’s legal ruling that determines the guilty’s punishment and the innocent’s acquittance.

15. Coercion

The use of force or threat to make someone commit an act against their will.

16. Search Warrant

A judge gave a written order to search a location for a person, thing, or property.

Learn The Basic Process of Jury Selection in A Criminal Case

In criminal cases, the sixth amendment to the U.S. Constitution guarantees the right to trial and a fair process of Jury selection. According to the Federal Constitution, Article III, Section 2 states, “The trial of all crimes, except in cases of impeachment, shall be jury.” Also, the sixth amendment says, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury.” The process of selecting a jury is called “Voir Dire,” which is the Latin translation of “Speak the truth.”

Voir Dire involves the questioning of potential members of a jury to examine their competence. This is because an error in jury selection is a valid reason to call for an appeal in criminal cases.

Here are two major processes of jury selection in a criminal case,

Questioning The Juror

This involves questioning a juror by the judge in the courtroom to ensure that they are legally competent to serve on a jury. The questioning helps ensure that none of the jurors will face any undue hardship due to jury service.

Another part of the questioning will help to ensure that none of the jurors is related to either the defense or the prosecution. Questioning can lead to the removal of jurors who:

• Can’t be available for physical sitting throughout the case.
• Can’t apply the law without being emotional or impartial.

Lastly, the questioning helps to identify the challenges by cause and Peremptory Challenges.

Striking The Jury

This involves an argument on the challenges for cause between the defense and the prosecution. This is where a judge will strike out jurors from the jury panel by granting a challenge either from the defense or the prosecution.

Also, jurors can be struck out through peremptory challenges too. Once each side is satisfied with the jury panel, a jury panel selection process is complete.

The number of jurors required for a jury selection process can vary from 6 to 23. When over-excessive jurors have been struck out, the judge can summon potential junior jurors or declare a mistrial.

A member of a jury must:

• Be 18 years and above.
• Be a U.S. Citizen.
• Live in the court’s jurisdiction.
• Have the right to vote.

Your Rights If You Get Arrested for A Criminal Case

You have the right to remain silent and have an attorney if you are arrested for a criminal case. You may be sent to prison or face other penalties if you are convicted of a crime. The government has the burden of proof to show that you are guilty beyond a reasonable doubt.

1. The Right to Remain Silent

You have the right to remain silent when arrested for a criminal case. Anything you say can and will be used against you in court. Be sure to ask for a lawyer if you decide to talk to the police. Having a lawyer present during questioning is always in your best interest.

2. The Right to an Attorney

You have the right to an attorney if you are arrested. An attorney will be with you during questioning and help you understand the charges against you. They will also assist you in developing a defense and will represent you in court. Anything you say can be used against you when you go to court.

3. The Right to Be Informed of the Charges Against You

The police must inform you of the charges against you at the time of your arrest. The police do not have to give you all the evidence they have, but they must give you enough information so that you can prepare a defense for the criminal case. Ask for a lawyer immediately if you still need to be given this information.

4. The right to a fair and speedy trial For Criminal Case

If you are arrested, you have the right to a fair and speedy trial. The court could appoint an attorney to represent you if you cannot afford one. You can also choose to represent yourself and will be held to the same standards as an attorney.

5. The Right to Be Free from Cruel and Unusual Punishment

The Eighth Amendment to the United States Constitution protects you from cruel and unusual punishment. This protection means that they cannot subject you to punishment that is excessive or disproportionate to the crime you committed if you are arrested and convicted of a crime.

Finally, ask for a lawyer if you are arrested and want to speak to the police but are uncomfortable. Also, remember that you have the right to remain silent immediately after you are arrested for a potential criminal case.

Can I Change my Criminal Defense Lawyer After I have Hired One?

Defendants who hire their criminal defense lawyer are permitted to fire them without the court’s consent. A defendant does not have to provide a solid reason for or even justify the decision to terminate the attorney, regardless of whether the breakdown in the relationship was caused by poor communication, disagreement over tactics, or something else. In actuality, the majority of attorney-client agreements specifically inform clients that they have the option to fire their lawyers.

Defendants can employ a new defense attorney or can (often unwisely) represent themselves after firing their original one. Of course, changing attorneys can be expensive, and the defendant will be responsible for paying the original attorney’s share and the new attorney’s fee. The prosecutor’s right to keep the case going forward must be evaluated against the defendant’s right to switch attorneys.

The court must often approve changes in defense counsel if the defendant is represented by a public defender or court-appointed defense attorney. Efficiency at the court is important because the judge wants to move cases along, and it takes a little bit longer whenever a defendant changes attorney. As a result, judges are only likely to approve requests to switch public defenders in cases when the client-attorney relationship is having quite serious issues.

Why Should I Dismiss my Lawyer?

It is uncommon to fire a lawyer because you do not agree with their tactical choices. It would be best to put your trust in them to make these choices because that is their responsibility. Request a better explanation from your lawyer if you have questions regarding the course of your case or do not understand something.

Your lawyer is also responsible for informing you of developments in your case, representing you with professionalism, and being devoted to serving your interests. It may be time to think about firing your attorney if they are not carrying out these duties.

Alternatives to Changing a Criminal Defense lawyer

Demand from your present attorney improved communication. Often, improving client and criminal attorney communication can resolve issues.

In conclusion, consult with a different lawyer. If you are unhappy with your lawyer’s actions or approach, speaking with another lawyer can give you a fresh perspective.

Criminal Defense Mistakes You Should Avoid

Defendants can pose the most significant risk to themselves due to their ignorance of the criminal justice system or lack of knowledge. Let us talk about some of the usual errors criminal defendants make in court. Here are the top 5 Criminal Defense Mistakes You Should Avoid.

1.    Being Too Quick To Accept A Plea Deal

The prosecutor may provide a plea agreement when you are detained or charged with a crime. The purpose of a plea bargain is to have access to a lower charge to avoid a trial. The Lawyer will inform you they can get the charges dropped if you agree to enter a guilty plea and pay a fee or other penalties. Always be aware of plea bargains and never accept one without first consulting a lawyer about the potential repercussions.

2.    Making Written Statements

Having a lawyer present is crucial when you are being questioned by law enforcement. You might make a serious error if you submit a written statement without legal counsel. Criminal prosecutions frequently allow the use of written remarks as evidence. Statements may not be accurate and may result in additional criminal penalties without the help of an attorney. Anything you say to law enforcement can and will be used against you. So, it is crucial to keep that in mind.

3.    Believing That The Law Doesn’t Apply To You

This is one of the most frequent errors that people make. They believe the law would not apply to them because they have not broken any laws. The law applies to you no matter who you are.

4.    Not having a Criminal Defense attorney conduct the initial interview

The possibility that you will be charged with a crime depends entirely on whether or not a criminal defense lawyer conducts your initial police interview. The initial interview is crucial because it can be your first chance to speak with law enforcement about the accusations made against you and because it is also your first chance to present your side of the story. Another crucial reason is that, before you are arrested, you probably won’t have another opportunity to provide your side of the story.

5.    Not Hiring the best criminal Lawyer

Your freedom and your future are at stake after arrest. You require a tough, assertive criminal defense lawyer with a wealth of knowledge and experience defending clients in court. Do not make the mistake of hiring an untrusted attorney for your case.

Facing Criminal Charges In South Florida?

When hiring a South Florida criminal defense attorney, you’ll want to look for someone who has extensive experience and one who will remain committed to you for the duration of the case. The attorney that you are looking for may not be the same person who you used after a vehicle accident, the person who put together your estate plan, or the one who helped you with your real estate purchases.

Florida Criminal Defense Lawyer Are Vital

A Florida criminal defense attorney serves a crucial role in the outcome of your case but is quite distinct from a civil attorney. Private criminal defense attorneys usually will work in small partnerships or practice on their own.

Usually, they will focus on the specific geographical setting and they have distinctions about which type of criminal defense practice they maintain. Some may only represent certain types of crimes. A typical private criminal defense attorney will likely have had several years of experience working for the government before entering in private practice either as a public defender or as a prosecutor. You should try to hire a criminal defense attorney who has experience in the courthouse in which your case is currently pending while the same laws will be in effect throughout your state.

Procedural Differences In Courts

Procedures will be different from one courthouse to another and your Florida criminal defense attorney already being familiar with the specifics of your case and the way that the cases are handled inside the courtroom can make things much easier for you when trying to protect yourself.

You should also look for criminal defense attorney who has a successful track record in the type of crime with which you are being charged. This will dramatically increase your chances of being able to walk away after being accused of a crime without facing the consequences of conviction or having a criminal record haunt you for many years to come.

Get Help With Your Criminal Charges

Your criminal defense attorney should also give you a heads-up about how he or she will keep you informed over the duration of your case. If you or someone you know has been charged with a crime, call for assistance today.

Domestic Violence Charges Attorney

Florida is home to a wide variety of domestic violence laws and regulations, designed to protect victims of domestic abuse. Under Florida law, there are three basic types of domestic violence charges:

1. Domestic Violence Assault – This charge involves physical harm or an attempt to cause physical harm against a family member, spouse, significant other, dating partner, or even any person that you have had a romantic relationship with in the past. Examples include punching someone or pushing them down.

2. Aggravated Domestic Violence – As the name implies, this is a criminal offense that carries penalties more severe than regular domestic violence assault charges. In most cases, aggravated domestic violence charges will be accompanied by felony-level consequences. Examples include strangulation and use of a deadly weapon.

3. Domestic Violence Battery – Unlike assault, domestic violence battery involves actual physical contact between the perpetrator and victim. This can include anything from slapping to sexual assault. Aggravated battery charges will be levied if the injuries sustained by the victim are considered particularly severe.

What Happens If You’re Found Guilty?

Depending on the severity of the offense and the prior criminal history of the perpetrator, domestic violence charges in Florida can result in anywhere from probation to 20 years in prison. In addition, those convicted of domestic violence will likely be required to complete mandatory counseling and may be subject to a restraining order.

Call Our Office For Help Today

If you have been charged with domestic violence in Florida, it is important that you seek experienced legal representation as soon as possible. A skilled attorney will be able to review the facts of your case and help you develop the strongest possible defense. Contact us today to schedule a free consultation.