Wrongfully Accused? A Fort Lauderdale Criminal Attorney Can Help You

Being accused of a crime you never took part in may be one of the worst things that could happen to you. Worse, no matter how clean or spotless your record is, there is always that looming possibility that your name might be dragged into a criminal case. A witness or victim can wrongfully identify you as the perpetrator, and to prove your innocence, you will have to be ready to prepare your case. Being prepared for the worst doesn’t automatically mean you have a cynical view of Fort Lauderdale’s justice system, it simply means that you’re smart enough to proceed with caution. If you are ever falsely accused of a crime you did not commit, contact a trusted criminal attorney in Fort Lauderdale as soon as possible.
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Stop a Trial Before it Begins: Pre-Trial Motions

People often think that once they’ve been charged, they’ll eventually end up in a trial. However, that doesn’t have to be the only outcome. With a skilled criminal defense lawyer at your side, you may be able to avoid going to trial. Depending on the circumstances, your attorney may be able to file a pre-trial motion that stops a case escalating to the next step. Here are some of the reasons your lawyer can use to have your case dismissed:

Know How Much a Criminal Defense Lawyer Would Cost

Being charged with a crime is highly stressful, and for this you would need the aid of a criminal defense lawyer. You can find some attorneys that offer free initial consultation, and it’s wise to take them up on their free offer: Your attorney’s final fee will depend on the following:

Reviewing your Rights with an Adept Fort Lauderdale Criminal Attorney

Having police officers banging on your front door can be a panic-inducing experience—and that’s putting it lightly. If ever the same happens to you and you are placed under arrest on criminal charges, try your best to remain calm. Don’t forget you always have the right to the following: Access to an Attorney Immediately inform officers that you wish to speak to an attorney. When you invoke this right, police officers are legally bound to help you find an attorney. Naturally, the sooner you can get an attorney on your side, the better shape you’ll be in. With that in mind, try to keep the contact details of a respected Fort Lauderdale criminal defense attorney, like Richard F. Della Fera, tucked away in your wallet.
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Why Hire a Criminal Attorney When Served a TRO

To protect a victim of domestic violence against further harm, a court may issue an order of protection such as a temporary restraining order (TRO). Violation of such a court order can spell serious consequences for the accused, including arrest and penalties for contempt. Since, however, a TRO can be easily issued by the court for certain grounds, chances are it can be misused.

A Fort Lauderdale Criminal Lawyer Can Help Keep You Out of Trouble

With the law approved, kind-hearted people like Mr. Abbot face the prospect of having a day in court and facing 60 days in jail plus a $500 fine for breaking the ordinance, which is a criminal charge. This may sound surprising but not all criminal charges are about murders and robberies. If this happens to you, you should have an experienced Ft. Lauderdale criminal lawyer like Richard Della Fera by your side. Legal representation is the best way to ensure that you get a fair hearing and a chance to beat the charges against you. There are two types of criminal charges that can be filed against you: misdemeanors and felonies. Misdemeanors are lighter cases usually involving breaking local ordinances like Mr. Abbot did; they carry the consequence of a fine or a stay at the local jail. Felonies are worse crimes like robbery and mean a stay in a federal penitentiary.
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What are Considered Drug Paraphernalia?

Florida law states that it is a crime for any person to use, or to possess with intent to use, drug paraphernalia. So what constitutes drug paraphernalia? These include bongs, pipes, needles, vials, ziplock bags, even everyday items like spoons, bowls, blenders, straws, and sifters that are used to plant, propagate, cultivate, grow, harvest, manufacture, convert, compound, produce, process, ingest, inhale, or any other means that introduces a controlled dangerous substance to the human body.

Skilled Criminal Attorneys Can Fight Injustice

Our courts aren’t infallible. There are people in jail who have been imprisoned for a crime they didn’t commit, and in need of people to pursue their quest for freedom. For example, Mary Virginia Jones was sentenced to a life sentence 32 years ago. However, she’s now free with the help of Fort Lauderdale criminal attorneys.

Fort Lauderdale Criminal Attorney: On Admissibility of Video Evidence

In general, digitally-recorded evidence like video and audio can be a touchy topic—just ask any reputable Fort Lauderdale criminal attorney and you’ll know that privacy is one of the most assailed technicalities in the courtroom. People don’t like to be recorded, but in some cases, this is the best way for law enforcers to gain evidence substantial enough for a case.
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Facts from a Fort Lauderdale Criminal Lawyer: All about Injunctions

To combat this alleged abuse, the advocacy group opted to file for an injunction to force immediate reforms—but what exactly is it? Essentially, an injunction is a court mandate that requires either the performance or cessation of an act in the name of justice. The stipulations are decided upon by a judge, and as what your trusted Fort Lauderdale criminal lawyer would tell you, violating an injunction could bring about legal penalties.
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Self-Defense Is Not a Crime: Lawyers Intervene

A murder charge is a serious accusation and you don’t want to have it hanging over your head. Unfortunately, cases that involve one or more deaths tend to balance on the knife-edge as prosecution and defense go up against each other. Often, the key is in the lawyer. A suspect for murder can easily create a defense using Florida’s self-defense laws. As stated by Florida Statute Title 46 Chapter 776, also known as the self-defense law, people who believe their lives are in grave danger from another party can use lethal force and are not obliged to retreat.

You Need a Fort Lauderdale Criminal Attorney when You Get Served a TRO

Perhaps the most harrowing effect of a TRO on a person accused of domestic violence is being evicted from his own home in case he shares it with the plaintiff. Although this may be temporary, it could mean that the accused may not be able to get his personal belongings until the order is lifted. Sometimes, he would have to wait for months to get a full court hearing where the order can be reversed. Fortunately, hiring a seasoned Fort Lauderdale criminal attorney gives the accused a chance at a fair outcome in the event of a TRO. Those implicated in domestic violence cases certainly need legal advice on the dos and don’ts right after the issuance of a TRO, which a qualified lawyer would be in the best position to dispense.
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Insurance Defense: Tricky Without a Fort Lauderdale Criminal Lawyer

Simple details like these make insurance claims in the Sunshine State, and everywhere else for that matter, a bit complicated, if not interesting to watch. At any rate, insurers and their insured who find themselves at the receiving end of a lawsuit would do dwell to work with a respected Fort Lauderdale criminal lawyer—such as Richard F. Della Fera, for instance—who is highly experienced in civil and insurance defense. The latter field is quite broad, seeing that it covers homeowners insurance, workers’ compensation, medical malpractice, and auto accidents just to name a few. Insurance defense essentially aims to protect insurers from false insurance claims by transferring the liability to another party (a.k.a. indemnification). Proper legal representation is important, considering that the state’s insurance laws can change in favor of the policyholder, thereby making insurance companies more vulnerable to unfair insurance claims.
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Let an Attorney Guide You through Civil Litigation

Picture this situation: say you’re the owner of a company that was accused of selling a defective product. Rather than settle matters in court, the complainant demands that you pay him a huge sum of money for damages instead—something that you feel is a bit too much. You then explore your options and find other ways to reach a settlement, like providing a replacement product free of charge.

This is where’ll you need the expertise of a civil litigation attorney. ‘Civil litigation’ is a catch-all term for any legal dispute between two or more parties that result in settlements, rather than criminal sanctions. A civil litigation attorney is there to guide you through the process, from the submission of paperwork to the settlement process itself.

3 Ways a DUI Charge Will Impact Your Life

Drinking alcohol before or while driving is illegal not just in the United States but in almost all countries. If you get pulled over by an officer and are discovered to have been driving under the influence, you can be arrested and charged with DUI. As simple as it may sound, a DUI charge can spell disaster in your relationships and career.

Standing Firm against Shoplifting Charges

Picture yourself visiting the nearby mall and simply go around checking out all the shops. However, after leaving one store, mall security or store personnel suddenly flag you down and claim you took some merchandise. Any person will see that it is humiliating to be accused of shoplifting – even celebrities like Forest Whitaker found it out the hard way. If you ever find yourself accused of shoplifting, an experienced criminal defense attorney is ready to protect you.

A Fort Lauderdale Criminal Defense Attorney Does Workplace Theft Cases

"An accused’s financial records can be put up for study by a defense attorney proficient in handling white-collar crimes. Investigators claimed that the accused pocketed over $450,000 in government grants, including much of the salaries earmarked for employees, and did not pay insurance. Hall-Dennis does not have counsel as of press time. However, cases with circumstances not far apart from hers will have a fighting chance in court when you enlist a criminal attorney from Fort Lauderdale like Mr. Della Fera."
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Seeking Further Redress with a Fort Lauderdale Criminal Defense Lawyer

"A defendant’s past can possibly be cited by the prosecution as further background evidence, which a skilled counsel may attempt to downplay. Rogers was previously put on probation in 2010 for shooting his cousin and even served time for domestic violence. In resolving the case, Judge John Galluzzo acceded to Rogers’ appeal to have his weapons back, but ordered the destruction of all the ammunition. An acquittal can mean a new lease on life if you know you did nothing wrong. A criminal lawyer from Fort Lauderdale like Mr. Della Fera will have your best interests in mind."
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What to Do When Stopped By the Police

You’re driving along the road one fine afternoon when all of a sudden, you are stopped by a police car. If this should ever happen to you, don’t panic immediately, because as a US citizen, you have rights that protect you from being harassed by the police. These points can help you in this kind of situation.

Illegal Arrest as a Defense for a Drug Charge

In Florida, being convicted of drug possession with intent to sell is subject to severe penalties. Often, the offenders’ punishment is decided based on the type of the drug. For instance, individuals convicted of possession with intent to sell marijuana are likely to serve a maximum jail time of five years, while individuals convicted of possession with intent to sell cocaine are likely to serve a maximum jail time of 15 years.

Some Errors your Defense Attorney Can Use to his Advantage

Every defendant in a criminal case is given a chance to appeal the court’s decision. In a number of cases, the arguments may center around various “errors” they claim the prosecution made. A skilled criminal lawyer will help push your case back from the brink. Here are some error types that defense attorneys argue for you:

Fundamental error

A fundamental error is cited when further study of a case convinces the defense that there are many issues to contest that go right into the essence of the case. The defendant might not even cite these errors when making a case for appeal. A higher court may be asked to change the judgment “in the interests of justice.”

Fending off Gun Raps with a Fort Lauderdale Criminal Defense Lawyer

The strange journey of Felton’s case can be just as confusing for Florida residents if similar charges are thrown their way. The Sunshine State has 56 laws pertaining to ownership and use of licensed firearms, with one provision, Florida Statute 790.10, expressly banning the improper exhibition of firearms. When you are accused of firearms-related offenses and you know you did nothing wrong, an expert Fort Lauderdale criminal lawyer such as Richard F. Della Fera is ready to see your case through in court.

Investigators stated that Felton was arrested and charged with second- and third-degree criminal possession of a weapon, and criminal possession of a firearm. They are Class C, D, and E felonies, with minimum one-year jail time for Class C. The charges stemmed from his wife Ariane’s counsel turning over a fully-loaded and unlicensed FN Herstal semiauto pistol to police; Felton was supposedly holding it during an argument with her.
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Veteran Fort Lauderdale Criminal Attorney Seals Plea Deal for Client

Fort Lauderdale, Florida (June 12, 2014) – Veteran Fort Lauderdale criminal attorney Richard F. Della Fera successfully works out a plea deal for his client, Nianthanony Martinez, who was charged with a felony after shooting his ex-girlfriend and her companion back in May 2008. Martinez, 26, will spend 25 years in prison after pleading guilty to the crime and will also serve 15 years’ probation instead of the 50 years he could’ve gotten if he had been convicted at trial.

 As an experienced criminal attorney in Fort Lauderdale and surrounding areas, Mr. Della Fera has effectively used the discovery process to the advantage of his client. He was able to point out to the prosecutor that Martinez had no prior criminal history and is also possibly mentally incapacitated at the time of the shooting. His extensive experience allows him to use the law to its full extent to defend his clients, be they private individuals or corporate entities.
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Innocence and Guilt Beyond Reasonable Doubt

The Bill of Rights guarantees that every accused is deemed innocent of the crime he is charged with unless evidence is presented to prove otherwise. In criminal law, we often hear the term “beyond reasonable doubt”. This is the standard or the burden of proof that prosecutors must present and defense lawyers must refute. This is also the same standard that judges and jurors must use to weigh in the evidences and testimonies presented before them to arrive at either a guilty or a not guilty verdict.

In a country of laws like the United States, prosecutors must present substantial evidence that can lead judges and jurors to no other logical explanation but deduce that the crimes have resulted from the actions of the defendant. No judicial body or court of law will ever convict a person for a crime where the prosecution banks on circumstantial evidences or on the weakness of the defense.

In our criminal justice system, considerations for conviction or acquittal are not given whether the court doubts the innocence of the accused, but whether it does not or does entertain reasonable doubt as to his guilt. Prosecutors must present strong evidence to get a guilty verdict as it needs to pass the test of moral certainty. The slightest possibility of an innocent man being convicted of a crime he may not have committed would be far dreadful than letting a guilty person go unpunished for crimes he may have done.

Basics of Criminal Procedure in Florida

While there may be similar elements, court proceedings generally differ from one state to the next, and the rules of criminal procedure is no different. This governs the process of litigating criminal cases, from the arrest all the way to conviction and beyond (such as in the case of appeal). Below are some basic facts about Florida’s criminal procedure.

Arrest and Arraignment

Florida criminal procedures may begin with either an arrest of, or a summons to, the defendant. Those who have been arrested and booked in jail will make their first appearance before the judge at least 24 hours after the case. It is here where probable cause is determined. About thirty days after the arrest, the defendant will then be arraigned, where the charges against him will be read.

Pretrial to Negotiations

The prosecutor will then be tasked with proving to the court whether the case will be set for trial, continued or set for plea. He is then to prepare and submit documentation called discovery (the state’s evidence against the accused) to the defendant, and the latter is given time to prepare a plea negotiation or bargain.

Criminal Trial

In the formal trial, the defendant’s case is heard before “a jury of his peers”, as is the established constitutional right. A sentence is then come upon should the jury declare the accused innocent or guilty. Remember that in criminal cases, a person can only be convicted if there is an absence of “reasonable doubt” as to his guilt.

Appealing Wrongful Convictions

A criminal case is started, evidences are presented, witnesses give their testimonies, and the defendant is declared guilty and meted the corresponding punishment. This is a usual scenario in criminal courts all over the country. What happens, however, if the defendant is actually innocent of the crime he was accused of? Unfortunately, despite the best efforts of those in the justice system, wrongful convictions do happen.

Conviction vs. Near Miss

Researchers who have looked into wrongful convictions differentiate these from “near misses” where those who were wrongly accused of a crime were eventually acquitted or had charges against them dropped. Wrongful convictions are terrible events, particularly when the accused has already served all or part of the sentence, as no amount of compensation or apologies can take back the unwarranted punishment the accused had to go through.

Appeals Court

Those convicted of a crime can, however, appeal the verdict in a higher court. In most appeal cases, it is not the jury’s decision that is being challenged but any legal errors that might have taken place during the trial. While the lawyer who defended the accused in the trial can represent his client in the appeals proceedings, attorneys who specialize in appeals and post convictions are often called upon at this stage.

A convicted person may also ask for a re-investigation and a new trial if new evidences or developments that can point to his innocence are unearthed.

Commuting Life Sentence Terms with a Fort Lauderdale Criminal Attorney

Many people are convicted for crimes they did not commit or wrongfully charged and eligible for a reduction in legal penalties. These people need representation to pursue a reduction in charges. For Mary Virginia Jones, freedom came through the Post-Conviction Justice Project, a group of law students from the University of Southern California.

Jones’ new lease on life can inspire Floridians whose loved ones are still behind bars. The Sunshine State has had its fair share of wrongful convictions that were successfully overturned after new evidence was discovered. For families who are undergoing this problem, a trusted Fort Lauderdale criminal attorney like Richard Della Fera can help them and their loved ones modify their sentence, seek a reduction in charges or appeal a conviction and get out of prison.

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Fighting Potential Conviction with a Fort Lauderdale Criminal Lawyer

Criminal cases that appear to be airtight can actually go either way, in favor of the defendant or against him/her. Often, the key to a strong case is with the lawyer. In the case of Michael Dunn, a suspect for the murder of a teenager, defense attorneys cast enough doubt on the circumstances in the first-degree murder charges to cause the jury to hang.

An expert defense attorney can look at inconsistencies in the prosecution’s case and use them to your advantage. He or she can give you a realistic assessment of the situation. A reputable Ft. Lauderdale criminal lawyer also ensures that you are treated with dignity and respect. If you get convicted, he or she will appeal the conviction, if the facts warrant.

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Dealing with a Domestic Violence Charge

Domestic violence is defined as any incident wherein an individual behaves in a threatening manner and inflicts violence or abuse to a spouse or a family member. Some reported cases of domestic violence also involved couples who aren’t married but are living together. Being accused of domestic violence can be devastating and bring about negative consequences on your future employment chances.

If one complains that you have committed domestic violence, he or she can file an injunction for protection against you. This means that you are not to have contact with that person, and if you violate this, you immediately get arrested, which is an undeniably frightening experience. This isn’t the same as typical civil cases that is served with a summon, which you can easily comply with.

Once you have been placed under arrest, it’s wise to go with the police peacefully, but you must refrain from speaking of the incident in question. In this case, it’s best to speak to a criminal defense lawyer to help you deal with the looming domestic violence charge.

A lawyer has the knowledge and skills to defend your rights and ensure that you’ll get a fair trial. A lawyer will look into the circumstances of your arrest and the accuser’s possible motives—you may be in the middle of a child custody battle or land dispute, etc. With a lawyer’s assistance, you have a good chance to clear your name.

How to Pick a Criminal Defense Attorney

Lawyers have important roles to play in many human activities. People consult one when writing a new will or when needing to file an insurance claim on an accident. In these cases, you need an attorney skilled in civil law. However, when you’re hauled into court for a criminal charge, it will be better to have someone specializing in criminal law to handle your case.

When looking to pick a criminal defense lawyer, you should look at three things: local representation, case experience, and personal comfort. When a case is being tried in a particular location, your lawyer should be familiar with the laws and procedures unique in your state. He should be aware of certain predilections of judges and prosecutors relevant to the case. There could be a prosecutor who likes to make deals. Choose an attorney who’ll know the ins and outs of the legal game in the location where the case will be heard.

The attorney you choose should also have a track record of having successfully defended a case like yours, whether it is driving under the influence, or manslaughter. Experience counts, and a lawyer who knows how to handle your case would make things run somewhat smoother for you.

It’s also important that you’re comfortable with your lawyer. Your lawyer is going to be your best friend for the duration of your trial. This means you need to be comfortable with him prying into your own business, and be able to open up to him. You two are partners in the case and to win you need to find him agreeable, at the very least.

Tips on Appealing a Criminal Case

Nothing in the criminal justice system is ever taken lightly. For an accused to be deemed guilty, the verdict should come without a shadow of a doubt. Even then, there are situations in which the counsel of the accused can opt to have the case appealed in the Appeals court.

Contemporaneous and Specific Objections

To maintain your position for appeal and hopefully push through with it, your claim needs to be based on an objection that is both contemporaneous and specific. The former means that the objection to an evidence should have been made when the evidence was first presented. Being specific means that it should provide the trial court with an opportunity to correct the errors.

Constitutionalize

If you can, you should also state the constitutional grounds for your objection. Being the fundamental law of the land, the constitution will have a stronger bearing on the relevance of your objection than any state law or ordinance could.

Objection to a Remedy

Did you know that you can still object to the remedy that the trial court puts forth if you deem it insufficient? Even if the trial court should sustain your objection but the remedy you are given is nowhere near comparable to the remedy you seek, you can still claim an appeal.