Sealing and Expungement

In certain situations, you may be eligible to have your criminal record or arrest sealed or expunged. There are several different variations of sealing and expunging which are based on the type of outcome received in the underlying case. The process of requesting to have your record sealed or expunged is intricate and sometimes burdensome. An attorney experienced in this area can help inform you if you are eligible for sealing or expungement and walk you through the process.

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Obstruction Crimes

Obstruction crimes include Resisting an Officer with or without Violence, Tampering with Evidence or Witnesses, Contempt of Court, Escape, and Providing False Information to Law Enforcement, among others. Assault and Battery on Law Enforcement is also included in this umbrella. Due to the status of the victim as a public servant, penalties for these crimes are reclassified. An attorney will be able to advise you on the strength of the State's evidence against you as well as possible defenses and negotiation tactics.

Weapons Offenses

Common weapons charges include Carrying a Concealed Weapon or Firearm, Improper Exhibition of a Dangerous Weapon or Firearm, Carrying a Firearm in a Prohibited Place, Possession of a Firearm by a Convicted Felon, or Possession or Discharge of a Destructive Device. Often times, these crimes are the result of an honest mistake, which can be brought to the attention of the State Attorney during negotiations.

Drug Offenses

There are differences between the crimes of Drug Possession, Drug Distribution, and Drug Trafficking. These differences are based on the type of drug, amount, and weight. Sometimes, the State Attorney’s Office does not have the requisite proof to proceed on the crime charged. There may be additional defenses available based upon the legality of the search and seizure that led to the discovery of the drugs.

Theft, Burglary, and Robbery

Theft, Robbery, and Burglary are all distinct crimes that fall under a similar umbrella and are often confused. These crimes carry different penalties or exposure based upon the method, amount, or accessories used during their commission. There are also several distinct legal defenses to each of these crimes and their varying degrees. An attorney can help navigate the many potential defenses including evidentiary issues and victim credibility.

Assault and Battery

Assault and Battery are two very similar crimes that can be enhanced based upon the status of the victim or the extent of injuries inflicted. Many people think that the victim "presses charges" and has the ability to "drop charges", but this is false. The State Attorney's Office brings and dismisses charges and can proceed without the participation of the victim. It is important to hire an experienced attorney when facing these crimes because of the interplay between parties, the mandatory penalties, and the possible enhancements.

Pre-Trial Diversion

Certain counties have options that allow first time offenders to complete programs in exchange for a reduced or dismissed charge. These are called diversion programs and generally involve taking some courses, paying some fines, and completing community service. The alternative to completing diversion is to fight the original charge. It is wise to consult with an attorney to weigh the pros and cons of accepting diversion or fighting the original charge.

DUI & BUI

Driving Under the Influence is a complex crime that contemplates many intricate defenses. There are also collateral consequences including license suspension and possible enhancements. Any person facing a Driving Under the Influence charge or a Boating Under the Influence charge should retain an attorney to help them navigate those defenses and challenges with the DMV.

Criminal Traffic

Criminal traffic cases include Reckless Driving, Fleeing and Eluding, Leaving the Scene, and Driving Under the Influence. Each involve battles with the criminal court system and the DMV. They also have certain mandatory penalties and can also be enhanced. An experienced attorney can help you to challenge the evidence and fight to keep your driving privileges.

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Civil Traffic Infractions

Simple traffic tickets can develop into complex legal issues or even criminal charges. If adjudicated on a moving violation, you will receive points on your driving record. Accumulation of too many points within a certain time period will cause your license to be suspended.
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Additionally, certain civil penalties count toward Florida's Habitual Traffic Offender statute. If you become a Habitual Traffic Offender, your license will be suspended for five years. I can advise you on the status of your driving record and the consequences of an adjudication on your civil traffic ticket.

Practice Areas

No one anticipates becoming a defendant in a criminal case, and it's unlikely that you or your family have funds readily available for a substantial down payment to an attorney. Many attorneys require at least 50% upfront to secure their services. Madison Howeller is pleased to offer alternative payment plans to accommodate your needs.