Bonita Springs Criminal Defense Lawyer

BONITA SPRINGS CRIMINAL DEFENSE ATTORNEY

The accusation of a crime does not mean a conviction, but it can often feel as though you are already guilty from the moment of arrest. The uncertainty of criminal charges can leave you with more questions than answers. However, with the right Bonita Springs criminal defense lawyer, you can find the answers you are looking for.

At the Law Office of Donald P. Day, our team is committed to helping our clients navigate the complicated criminal justice system. From the moment they enlist our help, we look out for our client’s rights and ensure that they have the support they deserve to fight back against criminal charges. We know that the conviction of a crime can leave you with greater penalties than just fines or time in prison. They can impact your housing, employment, and even your reputation. Our team can help.

HOW A CRIMINAL DEFENSE ATTORNEY CAN HELP

Criminal defense attorneys can help clients at all stages of the criminal justice process. From the time of arrest, you should exercise your right to speak with an attorney. By doing so, you immediately gain support from someone who is looking out for your interests. Each phase of the process has specific protocols that must be followed, including how to collect and process evidence, how to question you, and even how you are treated throughout each step.

If there are any violations throughout any of these processes, your criminal defense attorney will be there to challenge them. In the beginning stages of your defense, an attorney will file motions that challenge any of the following:

• Suppressing any evidence that was illegally obtained
• Excluding any evidence that is considered prejudicial
• Dismissing charges that lack appropriate supporting evidence

If your charge moves forward into negotiation with a prosecutor or to a trial, your attorney will then sort through the evidence, review the police reports, interview witnesses, and conduct other preparations that ensure they understand the unique circumstances of your case in order to speak on your behalf with the knowledge necessary to do so.

An attorney who is prepared is equipped to challenge the prosecutor at all stages. If a prosecutor feels you may be acquitted, they may try to work out a plea deal with you and your attorney to avoid the trial. However, whether you decide to take that deal is a conversation that your attorney will have with you based on their understanding of the evidence.

An attorney is an extension of you through the process. Ultimately, the decisions made in your defense are yours to decide, and your attorney is there to guide you and offer their opinion. However, a defense attorney’s goal is to help you reach a dismissal of charges, an acquittal, or a reduction of charges. If you are convicted, your attorney will continue to work on your behalf through any appeal phase you may choose to enter.

TYPES OF CRIMINAL CHARGES

At the Law Office of Donald P. Day, our attorneys in Bonita Springs, FL are experienced in several areas of criminal law. Some of the cases we handle include:

• DUI offenses. Driving under the influence of alcohol, drugs, or other substances can result in significant impacts on your life. Not only could you face criminal penalties, including fines and jail time, but you could also face challenges in getting to and from work, expenses with using public transportation, and more as a result of your license revocation.
• Crimes involving drugs. Although some drug laws are beginning to change, combating illicit drugs and other controlled substances is still high on law enforcement priority lists. From drug trafficking to possession, the simple smell of marijuana on your person or in your vehicle could find you involved in a search by police. Drug charges could carry substantial fines and jail time if you are convicted.
• Sexual assault and other sex crimes. From physical sexual assault to internet-based solicitation, sex crimes are amongst the most highly prosecuted because they are seen as the most heinous. Convictions for sex crimes can be life-altering with not only fines and jail time but registration on the national sex offender list, which can limit where you work and live.
• Crimes involving theft. These crimes could be charged as felonies or misdemeanors depending on the value of the property or finances involved. Additionally, the circumstances of the crimes will play a role. These charges could sometimes have additional ones applied if there are aggravating circumstances, such as the involvement of a deadly weapon.

In addition to these types of charges, our team can also help defend against other misdemeanor and felony charges, such as:

• Violent crimes, including murder, homicide, and manslaughter
• Vehicular homicide
• Domestic violence
• Probation violations
• Crimes against children

While these lists are not comprehensive of our services, they help to highlight some of the more common cases we have helped our clients with. No matter what type of criminal charges you may be facing, our team can help.

COMMON DEFENSE FOR CRIMINAL CHARGES

While the circumstances surrounding any criminal charges are unique to that case, there are common defenses that attorneys will use in your support. Which one may work for your case will depend on the evidence against you and how honest you are with your attorney about the facts of your case. You should tell your attorney all the details of your case, even if that admits partial or total guilt. You and your attorney share the privilege of confidentiality, and surprises could hurt your case.

Common defenses an attorney may use include:

• Affirmative defense. In criminal cases, the prosecution has the burden of proof, while the defense works to create reasonable doubt in their argument. In an affirmative defense, your attorney will attempt to prove the crime happened as the result of different circumstances that not only prove you did not complete the crime but that it is the result of something or someone else.
• Self-defense. In some criminal charges in which violence or assault was involved, you may have been forced to act in defense of yourself or of others in order to avoid severe personal injury or death. However, in cases that involve this defense, your attorney must be able to prove that your actions were reasonable against the threat. If, for example, you were punched but then stabbed that individual, your defense exceeded what is reasonable.
• Mistaken identity. One of the ways in which many crimes are prosecuted is with the use of cameras or witnesses. However, these are not always reliable. Cameras could have poor quality, and witnesses could be unreliable. In either case, you could have been improperly identified in your case.
• This is one of the most effective ways to defend against a criminal charge. If you can prove you were elsewhere and witnessed by others at the time the crime was committed, you could use this as the defense in your case.

Other types of defenses include:

• Entrapment
• Duress
• Violation of rights
• Beyond the statute of limitations
• Coercion

These defenses are not an exhaustive list. Your attorney will use the facts and circumstances of your case to determine which defense strategy to use.

FAQS About Bonita Springs Criminal Defense Laws

How Much Do Criminal Defense Attorneys Charge Per Hour in Florida?

There is no standard fee for criminal defense in Florida. The circumstances of your case and the types of charges you face will determine the total costs you could pay. However, your attorney fees will average around $300 per hour. While some attorneys may charge more or less, their experience will also play a role in how much they may charge. You should speak with your attorney during your initial consultation to determine what costs you could face.

How Long Does the State Have to File Charges in Florida?

The statute of limitations in which you could be charged with a crime will vary depending on which type of crime has occurred. However, once you are arrested, the state has 175 days in which to file the formal charges against you. If this deadline passes, you are entitled to be freed from the charges, and the prosecution could be barred from further prosecution against you for those charges.

What Is an Example of Defense of Prevention of a Crime?

When using the defense that you were trying to prevent another crime from occurring, you must be able to show that your actions were directly involved in preventing further significant harm from occurring. For example, if you needed to steal a car in order to take a gunshot victim to the hospital, if you failed to do so, the person could have died, which would have resulted in further harm.

Can You Leave the State with a Pending Felony Charge in Florida?

When you are arrested for a crime, and a criminal trial date is set, you will have the option to wait in jail for that time or to post bail. Bail allows you to leave jail while awaiting trial. During that time, you are allowed to leave the state unless the court orders you not to. However, you are expected to return to the state to face your charges in court.

BONITA SPRINGS CRIMINAL DEFENSE ATTORNEY

When you are facing criminal charges, you shouldn’t have to face them alone. You deserve to have someone on your side who is looking out for your rights and puts your defense first. At the Law Office of Donald P. Day, our attorneys have experience in defending both state and federal charges. We know that your conviction could cost more than money and time in jail, and we will work aggressively on your behalf. Contact our offices today for a consultation.