Criminal Law

 

    Question? Email:  Kurt@TeifkeLaw.com            

                    

Drug Charges

Sealing & Expungment

Violations of Probation 

Bond Hearings

Theft Offenses

Domestic Violence/ Battery

 

 

ALL FELONIES AND MISDEMEANORS                                                                                      

 

Getting arrested and/or charged with a crime can be a very stressful experience. The consequences of having a criminal record can be far reaching. The consequences of not having a dedicated, thorough, and experienced trial attorney to help you can be far reaching as well. 

 As a sole practitioner, you can be assured that I personally will be responsible for handling your case from start to finish so you'll know, at the outset, who will be doing all the work on your case. Most importantly, your case will be as important to me as it is to you.

Unlike many defense attorneys you might be considering, I am proud to say that I have never spent a single day of my legal career as a prosecutor. Rather, I have devoted my career in criminal law to defending people who, like you, have been charged with crimes. Since being admitted to practice law in Florida in 1998, I have represented thousands of people charged with crimes ranging in seriousness from minor misdemeanors to very serious felony offenses.

Please take a moment to review my website further and, whether you have been charged with a misdemeanor or a serious felony,  give me a call at 800-587-1486 for a free consultation and case evaluation

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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 $1000. Additionally, if convicted of such an offense, the judge MUST suspend your driver’s license for a period of two years ( Florida Statute 322.055). Needless to say, this can cause a tremendous hardship.

Felony drug charges are even more serious. In addition to the above mentioned license suspension, you can face a potential sentence of up to several years in state prison and thousands of dollars in fines.

I have extensive experience defending people with charges ranging from misdemeanor Possession to Felony Sales 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 it’s 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 for a free consultation.

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Sealing and expunction     ( Florida Statutes 943.0585 and 943.059)

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.

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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 on felony cases, several years in State prison is possible. 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 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 just 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 I represent you throughout the violation process. Call today for a free consultation on your violation charge.

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Bond Hearings

Few issues are as important to someone caught up in the criminal justice system as is the issue of bond. Bond essentially is the means by which the Judge ensures that a person charged with a crime will appear in court. Having too high a bond or no bond at all can mean the difference between you sitting in jail while awaiting a court date and being free to carry on your daily life. The importance of having an experienced, aggressive trial attorney to help you with your bond issues therefore goes without saying.

 

There are several ways by which bond issues arise. Common ways include:

* You have been or expect to be arrested on a violation of probation ( VOP) warrant ( these typically carry  "no bond")

* You know an arrest warrant is out for you but are not sure of the amount of the bond or if there is even a bond on it

* You failed to appear in court and have a warrant issued ( this too usually carries  "no bond")

My goal in dealing with these and similiar scenarios will be to try to arrange the conditions of your release BEFORE you turn yourself in and have to sit in jail hoping to get a court date. I will work to try to convince the Court that a reasonable bond should be set. In certain instances, I will even argue for release on your own recognizance ( "ROR")

In considering bond the court considers a number of factors ( see following link :http://www.leg.state.fl.us/statutes/index.cfm)

I will present these factors and any other relevant factors or witnesses to the Court in an attempt to secure reasonable conditions of your release.

If you or someone you know is seeking representation on a bond issue from an experienced, aggressive trial attorney, please call me toll free today for a FREE CONSULTATION AND CASE EVALUATION.

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Theft Offenses

Theft crimes in Florida are controlled by Florida Statutes Section 812. As you can read there are several different "species" of theft in Florida and the consequences surrounding a conviction are far ranging. Having an experienced criminal defense attorney to help you with your theft charge can be very important.

Not only can you be subjected to penalties such as jail, fines and court costs, probation etc. but there are also several consequences a lot of people probably would not consider:

* If you have previously been convicted twice of theft, no matter when that conviction occured and no matter how little money/merchandise was involved, your current case can be charged as a felony!

 * If you have been convicted of theft and are ever called to testify in a court proceeding, your theft charge can be used against you to argue that you are not credible and should not be believed ( Florida Statutes Section 90.810)

* Theft convictions trigger MANDATORY DRIVERS LICENSE SUSPENSIONS!

* Potential employers, schools, etc. never look kindly upon a criminal record for theft

These are just some of the serious consequences that accompany a theft charge. It is important to have an attorney who knows the system and is experienced in handling theft cases. There are often times defenses available to charges of theft and, after reviewing the State's case and consulting with you, I will aggressively pursue your interests at trial should we decide to take the case to court. Depending on the specifics of your charge and criminal history, it is not uncommon for me to be able to secure a "diversion program" for you. What this can mean is that the charge can be dropped if you comply with certain agreed upon conditions.

If you or a loved one have been charged with any kind of theft-related offense, please call me today toll-free for a FREE CONSULTATION AND CASE EVALUATION

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Domestic Violence/ Battery

If you have been charged with an act of domestic violence battery in Florida, it is very important to have an experienced criminal defense attorney on your side fighting to protect YOUR RIGHTS throughout the process.

As you might be able to gather if you are reading this, it is all too easy to get arrested in Florida for domestic battery. The process, at times, seems completely arbitrary. I find it difficult to accept that the first person in a domestic squabble who calls 911 is the "victim" while the other person is the "defendant". Many times too, it seems that the man is the one arrested despite circumstances that might indicate otherwise.

Just being accused of battery can lead to serious consequences. First, you will not be able to bond out according to a set "bond schedule" amount and rather must wait until first appearance before the judge the next day. Second, the Judge will likely issue a "no contact" order preventing any form of contact between you and the alleged victim. What this can mean is that you will not be permitted to return home. Needless to say this can cause a tremendous hardship- both financially and emotionally.

 Furthermore a conviction for battery can result in the court imposing some harsh penalties- including but not limited to, jail, 26 weeks of batterer's intervention, steep fines and court costs, etc. It can also effect your rights to possess a weapon in Florida and, should you have a single prior conviction for battery, you can be charged with a felony (Florida Statute 784). This is so even if adjudication was previously withheld!

Battery charges are never eligible for sealing or expunction and therefore will always be a part of your record.

 

If you are looking for an experienced attorney knowledgeable in cases involving domestic violence/ battery, please call me today for a FREE CONSULTATION AND CASE EVALUATION. Your first concern is likely the "no contact" order. If appropriate, I will file a motion with the Court seeking to drop this requirement or amend it to a " no violent contact" order. From there, I will gather all the information from the State Attorney's Office, interview any witnesses, and begin to prepare your defense. Many times I have been successful in negotiating a resolution short of leaving my client with a battery charge. Other times, trial is the only route. If we go to trial, you can be assured that you will be vigorously defended.

 

 

 Don't see the crime you are charged with listed and have a criminal law question?  Email:   Kurt@TeifkeLaw.com  or call TOLL FREE 800.587.1486