The offer to plea bargain is an offer to accept a negotiated sentence in your case and forgo any defenses. The principle behind a plea bargain is that you will generally be offered a lighter sentence than you would receive if you were found guilty at trial. Plea-bargaining also speeds up the judicial process. Associate Justice of the U. Why are so many cases plea-bargained by Defendants? Criminal cases are plea-bargained for one of the following reasons or some combination thereof:.
Dispositive Motions, such as Motions to Suppress and Motions to Dismiss, are extremely important in the practice of criminal law. A Motion to Suppress is a written request asking the Judge to eliminate evidence in your case based on mistakes made by the police.
The common mistakes made by law enforcement relate to the 4th Search and Seizure and 14th Due Process Amendments of the Constitution. Without evidence in your case, it makes it difficult for the State to convict you of the crime. A Motion to Dismiss is a Sworn Motion and it lists all the facts of the case and asks the Judge to Dismiss the charges against the Defendant because, even if the court accepts all of the facts in a light most favorable to the State, that the Defendant could not be possibly guilty of the charge s. In a Motion to Dismiss there can be no conflicts in the facts between the State and the Defense.
Motions to Suppress are more common and are often filed, but Motions to Dismiss are rare and are only filed when there is absolutely no dispute regarding the facts of the case. Remember, most criminal law cases revolve around a dispute of the facts and facts are what are before a Jury. If your case goes through the discovery phase and there are Motions to file then we will file the appropriate motions and argue them before the judge.
If successful in a Motion to Suppress, all or some of the evidence will be suppressed in your case. Often when evidence is suppressed, the State no longer has sufficient evidence to go forward in the case and the case is dismissed.
If a Motion to Dismiss is granted then your case will likely be dismissed, unless the State appeals the decision. A Criminal Trial is a court proceeding wherein the State places all the evidence in your case before a jury, a sworn body of people convened to decide the guilt or innocence of the accused. The jury will listen to all the evidence and make a factual determination and declare a verdict of Guilty or Not Guilty.
A trial is often expensive and is usually an all or nothing resolution. However, if you are innocent, no errors in the law were committed, and no diversion programs are available, then it is the only way to win your case. The Law Offices of Roger P. Foley has provided the above information to educate potential clients as to what expect during the criminal process.
Not all lawyers operate in the same manner and all potential clients should make their own comparison and determine the best defense lawyer for their case.
Remember, if charged criminally, you are allowed to choose your own attorney. Pick a criminal defense attorney that has passion, experience, aggression, knowledge, education and the ability to properly defend your case. Contact our office and meet with R. Foley and decide whether he has the traits and abilities you are looking for in a defense lawyer.
If you or someone you care about have been arrested or are being investigated for a Criminal Statute violation, then call our office. When you have been arrested and the prosecution believes a drug crime, or any other crime, has been committed, call our office to speak with an experienced Palm Beach Gardens drug crime lawyer.
Private lawyer Can I get my money back from criminal lawyer, Florida attorney Florida concealed weapons permit statistics FL concealed weapons. As a Florida board-certified criminal trial lawyer and partner at Romano Law Group, Eric Romano has been effectively representing clients in civil and criminal matters, including personal injury and wrongful death, criminal defense and commercial litigation, for 15 years. West Palm Beach , FL No matter where you are in criminal proceedings—from arrest to a final appeal—the attorneys at The Law Offices of Robert David Malove want to hear your story, evaluate your case, and help you if we can. Cooley Law School, Dec. We focus on getting results for those that matter the most: our clients.
When you need someone that will step in and fight to prove your innocence, call the The Law Offices of Roger P. Foley, P. Accept our offer for a free minute consultation with Mr. Foley prior to hiring another criminal defense lawyer. He will evaluate your case and discuss your options with you. His priority is doing what is best for his clients. Legal Disclaimer: This information is not intended to create, and receipt or viewing of this information does not constitute an attorney-client relationship nor is it intended to be legal advice for any individual case or situation.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. You should consult an attorney regarding your individual case.
Arrested and charged with Driving While Intoxicated Fill out the contact form or call us at to schedule your free 20 minute phone consultation. The Law Office of Roger P. Prove My Innocence! When your words are being twisted and ignored, call our office. However, it is only the first of a series of events, including multiple hearings, interviews, filings, and more. A single misstep in any could make the different between liberty and imprisonment. The Constitution guarantees you the right to legal counsel so that you can make informed choices, fully aware of all your legal rights.
Everything you say can be twisted by prosecutors into evidence against you. Instead, exercise your constitutional right to remain silent and let us do the talking. Some proceedings involved matters other than the criminal trial.
Find aggressive criminal defense attorneys in West Palm Beach, FL, after an We represent clients in Broward County courts, including in Fort Lauderdale. With over 50 years of combined legal experience, the Florida criminal lawyers at Leifert & Leifert are available to build a strong defense for your case. Call our.
For instance, a charge for domestic battery will not only involve proceedings on the charges themselves, but also a hearing for a protective order, which will severely inpact your life. A DUI charge will mean hearings about whether or not you get to keep your driver's license. Don't try to go this alone. Have a knowledgeable, skilled attorney on your side. Police also must have sufficient cause to stop or arrest you. To stop you on the streets of West Palm Beach, they must have reasonable suspicion. To pull you over in a car, they must have probable cause. Your lawyer can challenge the stop that lead to your arrest.
There are other tatics your lawyer may use, as well: Questioning the scientific rigor of the tests used in a DUI case or vigorously cross-examining the state's witnesses to show the inconsistencies in their stories. An attorney advocates for the best possible result at every stage. You may have seen lawyers on TV or in movies arguing in front of a jury. In order to obtain a conviction, prosecutors must bring forth sufficient evidence that conclusively proves every element of their case beyond reasonable doubt.
The defense lawyer is not there to prove the defendant is innocent — rather, he is there to pick apart the prosecution's case and expose the reasonable doubt.
In many cases, this happens by making motions to suppress evidence that was obtained in violation of a defendant's constitutional rights. You have a right, under the Fourth Amendment to the Constitution, to be protected against unreasonable searches and seizures.
When evidence was found in a place where a person has a reasonable expectation of privacy, especially their home, there is probable cause required. In most cases, that requires a warrant. If local police in Boynton Beach or Boca Raton, Palm Beach County Sheriff's Deputies, federal officials or any other law enforcement officers failed to follow procedures, the evidence may be thrown out. In some cases, like drug cases, this may be the only physical evidence that State Attorneys have.
Without that evidence, prosecutors are unable to prove their case, and the charges are dismissed. If you are facing criminal charges, your future is on the line. But you can avoid prison time, fines and a criminal record. A West Palm Beach criminal defense lawyer can fight for you, seeking to have your charges reduced or dismissed, or arguing your defense in front of a jury.
We are available 24 hours per day, seven days per week for our clients. Call us today at for your case in Palm Beach County, Miami-Dade County or Broward County, whether in state or federal court, reasonable doubt exists. Aggressive, Passionate, Zealous Representation.