What to Do if your Child is Arrested in Pinellas County While on Spring Break

”You are now receiving a free call from _______ an inmate at the Pinellas County Jail.” These are words that no parent wants to hear. With its pristine beaches and vibrant night life, St. Pete Beach and Clearwater Beach are frequent destinations for Spring Breakers looking to cut loose during a week off from college. Drinking and drug use can sometimes result in criminal charges. If your child has been arrested while on Spring Break in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, this article is for you.

Common Spring Break Charges

With nearly thirty-five years of experience in the Pinellas County justice system, the top-rated criminal defense lawyers at Defend Pinellas, PLLC know all too well that partying at spring break can, at times, lead to a criminal arrest. Common criminal charges for spring breakers include:

• Driving Under the Influence
• Possession of a Controlled Substance
• Disorderly Conduct or Disorderly Intoxication
• Domestic Battery
• Open Container

Don’t Allow a Spring Break Mistake to Impact Career and Graduate School Opportunities

A criminal arrest record can have significant impacts on an individual’s ability to obtain meaningful employment and earn acceptance into a graduate school. In some cases, the highly-experienced Clearwater Beach Defense Attorneys at Defend Pinellas, PLLC can help your child avoid a conviction through:

• Early intervention with the prosecutor
• A dismissal through participation in a diversion program
• A withhold of adjudication

Contact Our Office for a Free Consultation

If your student has been charged with a criminal offense while on Spring Break, time is of the essence. Contact our office today at 727-855-3847 for a free consultation. We will tailor a strategy designed to secure the most favorable and lenient outcome for your child.

Is Spanking Your Child Considered “Child Abuse” in Florida

An arrest for Child Abuse in Pinellas County, Florida can have serious and permanent ramifications. In this article, the best Child Abuse Criminal Defense Attorneys near me discuss a legal issue that commonly comes up in Child Abuse cases in the St. Petersburg and Clearwater areas: whether spanking your child constitutes “Child Abuse.”

Child Abuse Defined

Under Florida Statute 827.03, it is unlawful for an individual to knowingly and willfully inflict physical or mental injury on a child, to commit an intentional act that could reasonably be expected to result in physical or mental injury to a child, or to actively encourage another person to commit an act that resulted in or could reasonably be expected to result in physical or mental injury. In this context, a child is defined as a person under the age of 18.

An Affirmative Defense

A parent or a person acting in the place of a parent may raise an affirmative defense to an allegation of “Child Abuse” if the parent imposed reasonable physical displine on the child for misbehavior under the circumstances even though physical injury resulted from the discipline. Thus, a parent may have an affirmative defense to an allegation of “Child Abuse” for spanking their child if such conduct was a reasonable exercise of parental discipline for misbehavior.

Contact Our Office for a Free Consultation

If you or a loved one has been arrested or under police investigation for an allegation of “Child Abuse,” contact our office at 727-855-3847 for a free consultation. In some cases, our early intervention with the prosecutor may result in the charges being dismissed. Our top-rated criminal defense lawyers in Clearwater look forward to speaking with you.

One of the things that we see in the law is that as technology improves, the Florida legislature has to respond to changes in technology and create new laws. In this article, the best criminal defense attorneys in Clearwater discuss the crime of Unlawful Installation of a Tracking Device.

What Constitutes Unlawful Installation or Use of a Tracking Device or Tracking Application

Under Florida Statute 934.425, it is unlawful for a person to place a tracking device or a tracking application on another person’s property. This unlawful conduct could include putting an “air tag” on someone’s vehicle, or adding a “tracking app” to their phone or ipad without their consent. 

Are There Any Exceptions to the Prohibition Against Installing a Tracking Device or Tracking Application?

Installing a tracking device or tracking application is not, in and of itself, a criminal offense. When the legislature crafted the law, they recognized that there are legitimate uses for such devices or applications and carved out several exceptions to the general prohibition. These include the following:

• Law enforcement agencies may do so when lawful (for example, when a warrant is granted for such purposes)
• A parent can put a tracking device or tracking application on a child if,
  • The two parents are together
  • The parent has sole custody of the child
  • Both parents consent to the tracking device
• A caregiver for an elderly adult may place a tracking device on the elderly adult if a physician certifies that it is in the adult’s best interest
• Consent. Spouses or friends are permitted to consent to such conduct – such as a husband and wife “sharing” their locations via an iPhone.
• A person acting in good faith for a business entity for a legitimate business purpose. For example, a tracking application for a “clock in” software.
• A person may place a tracking device on his or her own vehicle, provided that the tracking device is removed before its sale or divestiture. 

What Are the Potential Penalties for Committing Unlawful Installation of a Tracking Device or Application?

When the legislature first passed this bill in 2005, the offense was classified as a second degree misdemeanor, or the lowest level criminal offense in Florida. A second degree misdemeanor is punishable by up to 60 days in county jail, or six months of probation. However, as the technology improved and became more widely available, the legislature, again, responded to the prevalence of this offense and amended the statute to make this offense a third degree felony. This means that a person who commits this offense is subject to up to five years in state prison.

Contact Our Top Rated Pinellas County Criminal Defense Attorneys Today

If you or a loved one has been charged with Unlawful Installation of a Tracking Device in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, we are lawyers that can help. In some cases, our early intervention may result in the charge being dismissed. In others, we may be able to achieve a dismissal through participation in a diversion program.

Do not go it alone. This offense can carry serious and lifelong consequences. Call our office at 727-855-3847 to schedule a free consultation today.

Youtube Link : https://www.youtube.com/shorts/__r09L5zOuI

An arrest for a domestic battery can be a life altering, world upending experience. In this article, the best domestic battery defense attorneys in Clearwater discuss five things you should know if you or a loved one has been arrested for a misdemeanor domestic battery in Pinellas County.

1. Under Florida law, an individual arrested for domestic battery must be held without bond until he or she sees a judge. What this means is that if someone is arrested for domestic battery, the individual will have to wait in the Pinellas County Jail until the advisory hearing. The purpose of the advisory hearing is to determine whether probable cause exists for the allegation, to set a bond, to appoint a public defender if the individual is indigent, and to set “reasonable conditions of release.”

2. It is very common that the Court will set Conditions of Release. The common conditions of release include “no contact with the victim,” no consumption of alcohol or drugs, the requirement that an individual wear an alcohol detecting monitor or GPS monitor and that the individual not possess any firearms.

3. A “No Contact” Order Means No Contact, and Violating this Order can have Significant Consequences. We are often contacted by the spouse of an individual who was arrested for domestic battery who tells us that the incident was the result of poor judgement, and that the spouse wants to be able to have contact with the person arrested. If the Court orders “No Contact,” the arrested must abide by that order until the Court permits contact. If the arrested violates a No Contact order, his or her pretrial release on the original domestic battery offense can be revoked, and he or she could face the additional criminal offense of “Violation of Pretrial Release.”

4. Our Office Can File a Motion to Modify Pretrial Release to Request Contact. It is very common that after an arrest, the parties want to resume having contact. In order to accomplish this objective the right way, our top-rated domestic violence defense lawyers can file a Motion to Modify Pretrial Release. After the Motion is filed, a hearing will be scheduled and both parties will need to be present for the Court to consider the motion. The judge will consider the history of arrests, nature of offense, extent of injuries, and any other relevant factors.

5.  Just Because an Arrest for Domestic Battery occurred, that does not mean that the individual will be prosecuted for the offense. One of the common misconceptions that people have is that the victim of domestic battery can simply “drop” the charge. That is not the case. After an arrest for domestic battery, the prosecutor will do its own independent investigation to determine what, if any charges, are appropriate. If a client gets our office involved quickly, our early intervention with the prosecutor can, in some cases, result in a dismissal of the charge.

Contact Our Office for a Free Consultation

If you or a loved one has been arrested for a domestic battery offense in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, the stakes are high. A domestic battery conviction cannot be sealed or expunged. Our goal is to secure the most favorable and expeditious resolution for your loved one’s case. Contact our office at 727-855-3847 to schedule a free consultation with our experienced domestic battery defense law firm.

If you or a loved one has recently been charged with drug trafficking in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, it’s crucial to understand that you have options. The legal landscape surrounding drug crimes can be complex, and having an experienced Clearwater drug crimes lawyer can make a significant difference in the outcome of your case. At Defend Pinellas, PLLC, our team consists of seasoned professionals, including a former state prosecutor and a former public defender, who have more than thirty years of experience navigating the Pinellas County Justice System.

The Stakes Are High

The stakes in drug trafficking cases are exceptionally high. A conviction for drug trafficking can result in a minimum period of incarceration ranging from three to twenty-five years, depending on the substance involved and the quantity in question. This reality underscores the importance of having a highly skilled drug trafficking defense attorney by your side to explore every possible defense available to you.

In this article, we will explore potential defenses to drug trafficking charges, specifically focusing on how these defenses can be leveraged by the best drug crime lawyer Clearwater has to offer.

Prescription Defense

In some cases, the best defense to an allegation of “Trafficking in Controlled Substances” is a “Prescription Defense.”  If a client possesses controlled substances that were legally prescribed to them, this can serve as a robust defense against trafficking charges. For instance, cases involving Oxycodone often arise when individuals have the medication but do not have it in the proper prescription bottle. In such situations, a top-rated drug trafficking lawyer in Clearwater can demonstrate that the client was within their legal rights to possess the medication.

It’s essential to gather all relevant medical documentation and prescriptions to substantiate this defense. A Clearwater drug crimes lawyer can help compile this information and present a compelling case to the court.

Search and Seizure Issues

Another pivotal defense involves challenging the legality of the search and seizure that led to the discovery of the drugs. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable government intrusion, meaning that any evidence obtained through unlawful searches may be deemed inadmissible in court.

Our team at Defend Pinellas, PLLC will thoroughly investigate the circumstances surrounding your arrest. This includes scrutinizing traffic stops, search warrants, and any other actions taken by law enforcement. If we find that the search was conducted without probable cause or without a warrant, we can file a motion to suppress the evidence, which could lead to the dismissal of the charges.

Entrapment

The “Entrapment Defense” is applicable in cases where a government agent induces an individual to commit a crime they were not predisposed to commit. If law enforcement coerces or persuades a client to engage in drug trafficking activities, this can serve as a solid defense strategy.

For example, if an undercover officer provided drugs and urged a client to deliver them—despite the client having no previous history of drug trafficking—this defense could be effective. Establishing entrapment can significantly weaken the prosecution’s case, and a skilled Pinellas drug trafficking lawyer can effectively present this argument in court.

Substantial Assistance

In some cases, law enforcement is more focused on removing drugs from the streets than pursuing harsh penalties against individuals arrested for trafficking. This leads to the potential for a “Substantial Assistance” defense. If a client is willing to cooperate with law enforcement by providing information on local drug activities, the best drug trafficking lawyers in Pinellas County may be able to negotiate a more favorable outcome.

Our office can facilitate discussions with the State Attorney to explore this option. By demonstrating a willingness to assist in combating drug distribution, clients may find themselves facing reduced charges and significant reductions in the penalties being sought by the prosecutor.

Contact Our Office Today So That we Can Begin Building Your Defense

Navigating drug trafficking charges can be daunting, particularly with the severe penalties that accompany a conviction. Understanding the potential defenses available to you is crucial. Whether you are facing charges in Clearwater, St. Petersburg, or anywhere in Pinellas County, having a knowledgeable and experienced attorney is vital for protecting your rights and future.

At Defend Pinellas, PLLC, we are dedicated to providing robust defense strategies tailored to your specific situation. Our extensive experience in the Pinellas County Justice System allows us to effectively challenge the prosecution’s case and explore all available options, including the defenses discussed above.

If you or a loved one is in need of a Clearwater drug crimes lawyer, look no further than our team. We are committed to fighting for the best possible outcome for our clients, ensuring that your rights are protected every step of the way.

Contact our office at 727-855-3847 for a free consultation to discuss your case and the possible defenses you may have. Don’t leave your future to chance; let us help you navigate the complexities of drug trafficking charges with confidence and expertise.

If you or a loved one has recently been arrested for domestic battery in Clearwater or the surrounding areas of Pinellas County, it’s natural to feel overwhelmed and uncertain about the future. You may be wondering if it’s possible to drop the charges or what steps you can take to mitigate the situation. At Defend Pinellas, PLLC, our highly-rated Domestic Violence Defense Attorneys have over three decades of combined experience handling domestic violence cases in Pinellas County. We are here to guide you through this challenging time.

Understanding Domestic Battery Charges

Domestic battery is a serious offense in Florida, defined as intentionally causing bodily harm to a spouse, former spouse, cohabitant, or person with whom you have had a romantic relationship. If you are facing such charges, it’s crucial to understand that while the feelings and statements of the alleged victim are essential, the ultimate decision to pursue prosecution rests with the state attorney’s office. This can often complicate matters and leave defendants feeling powerless.

Can Charges Be Dropped?

A common question we receive is, “Can I drop a domestic battery charge?” While the victim may express a desire for the charges to be dropped, they do not have the final say. The prosecutor will certainly consider the victim’s wishes, but they are not legally bound to follow them. The state has a vested interest in prosecuting domestic violence cases to uphold community safety and prevent further incidents. Nevertheless, our experienced Domestic Battery Defense Lawyers have found that in such cases, the likelihood of a favorable outcome is dramatically higher.

Strategies to Address Domestic Battery Charges

At Defend Pinellas, PLLC, we employ several strategies to address domestic battery charges effectively. Here are some of the approaches we take:

1. Intervening Early with the Prosecutor: One of the most effective ways to seek a dismissal of the charge is through early intervention. Our attorneys can reach out to the prosecutor to discuss the case, present mitigating factors, and advocate for a dismissal based on the specific circumstances involved. This is often accomplished through written, persuasive correspondence with affidavits from witnesses, and other physical evidence.

2. Filing a Motion to Modify Conditions of Release –  Often, individuals arrested for domestic battery face conditions of release that prohibit contact with the alleged victim. Our team can file a “Motion to Modify Conditions of Release” to allow our client to communicate with the victim, which can be critical for resolving misunderstandings and repairing relationships.

3. Requesting Participation in a Pretrial Diversion Program: If applicable, we may request permission for our client to participate in a pretrial diversion program. Successfully completing this program can lead to the dismissal of charges, allowing individuals to move forward without a criminal record.

4. Seeking a Plea Bargain: In some cases, it may be in the best interest of the client to accept a plea deal. By negotiating a plea bargain, we can seek to avoid jail time and help our clients minimize the impact of a conviction on their lives.

Why You Need a Domestic Battery Lawyer in Clearwater

Navigating the legal system can be daunting, especially when facing domestic battery charges. Hiring a knowledgeable Domestic Battery Lawyer in Clearwater is essential for several reasons:

– Experience and Knowledge: Our attorneys have extensive experience in domestic violence cases and understand the intricacies of Florida law. We can provide valuable insights into the best course of action for your specific case.

– Tailored Legal Strategies: Each case is unique. We take the time to understand the facts surrounding your situation and tailor our legal strategy accordingly, ensuring that we are working toward your goals.

– Free Consultations: We offer free consultations to discuss your case. This allows you to understand your options and the potential outcomes without any financial obligation.

Contact Us Today

If you or someone you care about is facing domestic battery charges in Clearwater, St. Petersburg, or anywhere in Pinellas County, don’t hesitate to reach out to us. Our team at Defend Pinellas, PLLC is committed to providing you with the defense you need. We understand the stakes involved and are here to help you navigate this challenging time.

Call us today at 727-855-3847 to schedule your free consultation. Let us help you explore your options and work toward the best possible outcome in your case. Remember, you are not alone—our dedicated team of Domestic Battery Attorneys in Pinellas is here to support you every step of the way. 

Whether you’re searching for a “Domestic Violence lawyer near me” or need specific legal advice, we are here to provide the guidance and support you need during this challenging time.

Navigating the complexities of domestic battery charges can be overwhelming, especially for those in Clearwater, St. Petersburg, and surrounding areas in Pinellas County. At Defend Pinellas, PLLC, our top-rated Domestic Violence Defense Attorneys understand the confusion surrounding these charges. Here, we debunk four common myths that may affect you or your loved ones after being arrested for domestic battery.

Myth 1: A Domestic Battery Charge is No Big Deal

Many individuals mistakenly believe that a domestic battery charge is a minor issue. In reality, domestic battery is classified as a first-degree misdemeanor in Florida, carrying severe consequences. If convicted, you could face up to one year in jail, along with fines, mandatory counseling, and a permanent criminal record. Understanding the gravity of a domestic battery ch

Myth 2: If the Victim Wants the Charges Dropped, There’s No Need to Hire a Lawyer

Another common misconception is that if the victim wishes to drop the charges, hiring a lawyer is unnecessary. While the victim’s feelings are important and may influence the case, the ultimate decision to prosecute rests with the State Attorney’s office. Prosecutors may still pursue charges regardless of the victim’s wishes, based on the evidence available. Having an experienced Domestic Battery Attorney in Pinellas by your side can help you navigate this complex legal landscape, ensuring that your voice is heard and your rights are protected.

Myth 3: No One Will Find Out if I Contact the Victim Despite a “No Contact Order”

After an arrest for domestic battery, a “No Contact Order” is often issued, prohibiting any communication with the victim. Some may think they can bypass this order without consequences, believing that no one will find out. This is a dangerous assumption. Violating a No Contact Order can lead to additional criminal charges, specifically a “Violation of Pretrial Release,” which can complicate your legal situation further. It is crucial to adhere strictly to any court orders and consult a qualified domestic battery lawyer near you to discuss your options.

Myth 4: A Domestic Battery Arrest Means You Will Have a Criminal Record Forever

Many people fear that an arrest for domestic battery will lead to a permanent criminal record, affecting their future prospects. While this concern is valid, it is not always the case. Depending on the circumstances, our highly experienced domestic violence defense lawyers may be able to secure an outcome that allows you to seal or expunge your arrest record. This can be a game changer, enabling you to move forward without the stigma of a criminal record. 

Contact Us Today for a Free Consultation

At Defend Pinellas, PLLC, we offer free consultations to discuss the unique facts of your case. Our dedicated team will tailor a strategy designed to help you achieve your goals. If you or a loved one is facing domestic battery charges, don’t hesitate to reach out to us at 727-855-3847. We’re here to help you navigate this challenging time and work towards the best possible outcome. 

If you or a loved one has recently been arrested for possession of cocaine in Clearwater, St. Petersburg, or any area within Pinellas County, you may be wondering about the potential consequences. As top-rated criminal defense lawyers at Defend Pinellas, PLLC, we understand the fear and uncertainty that accompany such charges. With over 30 years of combined experience, we are here to guide you through this challenging time.

Understanding the Charge

Possession of cocaine is considered a serious felony in Florida. Depending on the amount involved and your previous criminal history, the penalties can range significantly. A first-time offender may face up to five years in prison, while repeat offenders could face much harsher sentences. However, the legal system offers several avenues for defense that can potentially mitigate these consequences.

Common Defense Strategies

When facing a “Possession of Cocaine” charge, it is crucial to engage a skilled drug crime lawyer in Clearwater. At Defend Pinellas, PLLC, we often employ several common defense strategies, including:

1. Challenging the Search and Seizure: If law enforcement did not have probable cause to search you or your belongings, any evidence obtained could be deemed inadmissible in court.
2. Proving Lack of Knowledge: You may not have been aware that the substance in your possession was cocaine. This defense can be effective if you can demonstrate that you did not knowingly possess the drug. This defense is commonly employed when the contraband was located in a “jointly occupied vehicle.”
3. Seeking Acceptance into a Diversion Program: In some cases, we can secure our clients’ acceptance into a diversion program known as Pretrial Intervention (PTI). Successfully completing this program can lead to a dismissal of the charges, allowing you to avoid a felony conviction and possible jail or prison time.
4. Intervening Early with the Prosecutor: If we are retained early in the process, we may be able to intervene with the prosecutor to seek a dismissal of the charges based on legal or factual issues present in your case. 

Protecting Your Future

Our priority at Defend Pinellas, PLLC is to secure the most favorable outcome for our clients. We understand that a drug charge can have lasting impacts on your life, including employment opportunities and personal relationships. That’s why we aim to negotiate resolutions that do not involve jail time whenever possible. 

In many possession of cocaine cases, we can advocate for plea deals or alternative sentencing options that protect your record and keep you out of jail. However, time is of the essence. The sooner you engage a skilled drug crime attorney in Pinellas, the more opportunities we may have to build a strong defense on your behalf.

Contact Our Office for a Free Consultation

If you are facing a possession of cocaine charge or have a loved one who is, do not hesitate to reach out to our office. We offer free consultations to discuss your case and explore your options. Contact us at 727-855-3847 to speak with one of our highly experienced drug charge defense lawyers. 

The path ahead may seem daunting, but with the right legal support, you can navigate this challenging situation and work towards a brighter future. Remember, you are not alone, and we are here to help you every step of the way.