Criminal Defense

SEALING AND EXPUNCTION
    A criminal record can have a serious effect on potential employment, educational, and even volunteer opportunities. You might qualify to have a criminal record pertaining to an arrest Sealed or Expunged. If I am able to secure a Sealing or Expunction for you, you may legally deny the events that are the basis for the arrest/ criminal charge except in certain limited circumstances. Records pertaining to certain offenses are ineligible for Sealing/Expunction. A criminal record can have effects that last a lifetime. Call me today to see if you are eligible to have your record sealed or expunged.
VIOLATIONS OF PROBATION
    Violations of probation are serious matters. A violation of probation gives the judge the ability to sentence you to the maximum amount of jail or prison time as Florida Statues provides on the offenses for which you are on probation. In Misdemeanor cases, this can mean up to a year in jail for certain charges, while felony violation charges can potentially lead to several years in State prison. Furthermore, you are not automatically entitled to a bond if arrested on a violation of probation allegation. My first goal in a violation case will be to request that a reasonable bond to be set. This could include appearing at a bond hearing and arguing for your release. At a violation hearing, the State must prove that you violated your probation in a willful and substantial manner. Sometimes the alleged violation is simply not your fault; for example, you lose your job and don't have the ability to pay your probation costs. I will explore all possible defenses and mitigating circumstances as we represent you throughout the violation process. Call today for a free 15 minute consultation on your violation charge.
ALL FELONIES AND MISDEMEANORS
    I have extensive experience defending people charged with all types of crimes, from low level misdemeanor offenses to very serious felonies punishable by up to life in prison. We also have experience as prosecutors. In over 35 years, there is probably no area of criminal law that I haven't encountered. Being accused of a crime is a very stressful experience. The losses that can accompany a criminal conviction can be devastating. Remember, you are presumed to be innocent of the charge(s). This means that you have a right to have the State of Florida prove the case against you to a jury. I have many years of experience defending cases before juries and if we go to trial, you can be assured you will be vigorously defended. Different crimes have different potential consequences, so whether it is a misdemeanor traffic offense or a serious felony, give us a call today for a free consultation and get my team on your side.
DRUG CHARGES
Being convicted of any drug offense in Florida can have devastating consequences. Misdemeanor drug offenses, such as possession of a small amount of marijuana, can result in a sentence of up to a year in the county jail and a fine of $1,000. Additionally, if convicted of such an offense, the judge MUST suspend your driver's license for a period of two years. Needless to say, this can cause a tremendous hardship. Felony drug charges are even more serious. In addition to the aforementioned license suspension, you can face a potential sentence of up to several years in state prison and thousands of dollars in fines. I defend people with charges ranging from misdemeanor Possession to Sale and Trafficking offenses. Drug cases often times involve Fourth Amendment issues relating to search and seizure. The United States and Florida Constitutions guarantee the right of all persons to be free from unreasonable searches and seizures. For example, if your case involved a vehicle stop, why were you stopped? The police, despite what they might believe, do not have a right to stop your vehicle in order to satisfy a hunch or as a pretext to perform a search of the vehicle and its occupants. If your case involved a search of your home, did the police have a Search Warrant? What information did they provide to the Judge in order to get the Warrant? Was the warrant executed without "undue delay"? There are far too many potential issues related to your defense to cover in the course of this introduction. Give me a call today and get an experienced defense attorney on your side.
JUVENILE LAW
    Juvenile law is an area of criminal law which deals with the treatment of those under 18 years of age alleged to have committed a crime (in the juvenile court system this is referred to as an act of delinquency).

    There are several critical stages in a juvenile proceeding from which you could benefit from the assistance of counsel with both experience in, and knowledge of the juvenile justice system. We have both the knowledge and experience that you should expect in a lawyer handling your child's case.

    A typical juvenile delinquency case begins with an arrest or detention. This alone can be a very traumatic experience for both the child and the family alike. Unfortunately, this is just the beginning of the process. Within 24 hours, the child will be brought before a Circuit Court Judge who will determine whether Probable Cause for the crime exists and whether the child will be continued to be detained for a period of 21 days in a detention center. I will review the affidavit charging your child with the crime(s) and argue against a finding of Probable Cause where appropriate, examine the risk assessment instrument to ensure that it was scored accurately by the Department of Juvenile Justice, as well as argue any other mitigating circumstances that might exist. Keeping the child out of a detention facility is our main objective at this point.

    The next critical stage relates to the charging decision of the State Attorney's Office. Several alternatives to the formal judicial process exist, including Teen Court or other diversion type programs, and where appropriate, I will attempt to have the child's case handled non-judicially through one of these types of programs.

    If handled through the court system, the next step in the process is called an Arraignment. This is a proceeding where the child, his/ her parent, and his/ her attorney appear in court before the Judge and are informed of the charges. In most cases, I will enter a not guilty plea/ denial at this stage. The Judge will likely enter a behavioral order which will require that the child comply with certain conditions imposed by the Court. Failure to do so can result in a contempt hearing before the Judge that can land the child back in a detention center. Common violations of a behavior order seem to be drug use and failure to obey parental rules. I will be prepared at a contempt hearing to defend the allegations against your child and, if found in contempt, urge the Judge to impose various alternative sanctions rather than time in a detention facility.

    If necessary, I will insist that the State prove its case in an adjudicatory hearing that will be held before the Judge. Throughout the juvenile process, your child remains innocent until proven guilty and we will ensure that his/ her rights at all stages are protected. Getting caught up in the juvenile justice system can have consequences that can last a lifetime. I recognize this and I am committed to providing the type of advocacy in juvenile court that your child deserves.

Helpful Links

The Florida Bar
Flagler County Clerk of Court
Seventh Judicial Circuit
Volusia County Clerk of Court

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Ask for Dave

Volusia County (386) 226-3505
Located in Koleilat & Miller
500 North Oleander Avenue
Daytona Beach, FL 32118
Flagler County (386) 447-5377
© 2014 David D. Fuller, Jr., P.A. All Rights Reserved.