Z Law Firm

  Felony Offenses in Florida In the State of Florida, criminal violations are classified as either a misdemeanor or felony offense.  A misdemeanor offense is one that is punishable by up to one year in the County Jail.  Felony offenses, which are more serious than misdemeanor offenses, carry significantly harsher penalties.  Florida Statute §775.082 defines the classifications of felony offenses in the State of Florida.  A felony offense can be classified as a capital offense, a life felony, a first-degree felony, a second-degree felony, and a third-degree felony. A  capital felony offense  is one that is punishable by death or life imprisonment without the possibility of parole.  Most often, people recognize first-degree murder as a capital offense.  However, in certain instances,  sexual battery  can be classified as a capital felony offense even though it is not punishable by death. The next level of felony offense is a  lif...

What Should I Do After I Have Been Arrested All too often, when I meet with clients, one of the first questions I am asked is, “what should I have done after I was arrested?”  The simplest response is, keep your mouth shut.  The 5th Amendment to the United States Constitution guarantees that an individual cannot be compelled by the government to provide incriminating information about themselves.  This is the so-called “Right to Remain Silent.”  So, if you are placed under arrest, remember that you have the right to remain silent .  You also have the right to speak with an attorney .  Finally, you have the right to refuse consent to a search of your person or belongings assuming the officer does not have a warrant.  Keep in mind that the officer does have the right to pat you down if there is concern that you may possess a weapon.  Should the officer ignore your refusal to give consent, this will provide a ground for a suppression motion at ...

Do I Need to Hire a Criminal Defense Attorney If you have been arrested or given a Notice to Appear in Court, it is a wise decision to seek the advice and counsel of an experienced criminal defense attorney .   Although there is no guarantee that the hiring of a lawyer will result in the dismissal of your case, a criminal lawyer can certainly have an impact on the outcome of the case and can guide you through the process to insure that your rights are protected. In criminal law, you can be charged with either a felony or misdemeanor offense.   A misdemeanor offense is one that is punishable by up to one-year in the county jail.   Although less serious than a felony offense, a misdemeanor can still have a major impact on your life.   Hiring the right criminal lawyer for your case might seem like an arduous task.   But taking the time to find the best lawyer can make a big difference.   When looking for a criminal defense lawyer, questions you should as...

Orlando Employee Theft Lawyer Employee theft charges can have a serious impact on your future.  In the State of Florida, there is not a specific provision within Florida Statute 812.014 for Employee Theft.  However, State Prosecutors do often seek enhanced punishment for persons charged with Employee Theft versus those charged with traditional theft offenses.  Pursuant to Florida Statute 812.014, a person commits Employee Theft where they:   knowingly obtain or use, or endeavor to obtain or to use, the property of their employer; and do so with the intent to temporarily or permanently deprive their employer of their right to the property. Employee Theft Penalties In the State of Florida, if you are convicted of employee theft , the penalties that you will face will depend heavily on the value of the amount that was alleged to have been taken.   Misdemeanor : if the value is less than $750, the offense is punishable by up to 1-year in the county jail, ...

  What is Domestic Violence I n the State of Florida, a battery is defined as the actual and intentional touching of another person against their will.   To make the offense Domestic in nature, that other person must be defined as a “Family or Household Member.”   According to Florida Statute §741.28(3), a Family or Household Member is defined as: Spouses Former spouses Persons related by blood or marriage Persons who are presently residing together as if a family or who have resided together in the past as if a family Persons who are parents of a child in common regardless of whether they have been married Typically, Domestic Violence cases are charged as a misdemeanor offense.  However, if the case involves serious bodily injury or strangulation, the State of Florida can charge the case as a felony. I have Been Arrested for Domestic Violence, What Now? If you or a loved one has been arrested for domestic violence, you will be taken into custody without bond...

An arrest is not something that anyone ever plans for.  But when it happens, decisions must be made quickly.  Your first order of business is contacting a bondsman to get yourself out of jail.  Once this accomplished, your next order of business is finding a Seminole County Criminal Defense Lawyer to defend you.  Finding the best lawyer can make the difference in the outcome of your case.   First, find a lawyer that you can trust and communicate with.  Too often, I end up handling cases where clients come to me after finding that the lawyer they initially hired never returned their calls.  Communication is important.  Next, find a lawyer who focuses their practice on criminal defense.  Law Firms that tell you that they can help you with your criminal case, personal injury case, and family law case will not be a good fit.  When your liberties are at stake, you do not want a lawyer who primarily...

Being placed on probation can seem like a relief.  Avoiding jail time or prison time surely is a win.  But a probationary sentence is not the end to the case, it is only the beginning.  While on probation, there are terms and conditions that you will need to complete to successfully complete your term of probation.  These conditions typically include community service, classes, and treatment.  Additional conditions may preclude you from visiting certain places or certain behaviors.  If you violate any of these conditions, your Probation Officer will submit an Affidavit of Violation to the Judge seeking to either have a warrant or notice to appear issued.  If you are found in violation, the Court can sentence you up to the statutory maximum sentence that was available to the Court at the time you were originally sentenced.   Often, I have clients come to me feeling helpless and hopeless when they have been violate...

  Orlando Criminal Defense Attorney | June 8, 2022 | Z Law Firm When facing criminal charges, it is imperative to seek counsel from an experienced Criminal Defense Attorney.  Many Law Firms will proudly tell you that they handle any case; whether it be a Personal Injury, Family Law, or a Criminal Defense Case.  What should concern you, is how this type of firm can be up to date on all of the constant changes to statutes and rules of procedure. This year, we faced a significant change to Florida Rule of Criminal Procedure 3.992 which deals with the Criminal Punishment Code Scoresheet.  The amendment was made following the Florida Supreme Court's ruling in State of Florida v. Gabriel , 314 So.3d 1243 (Fla. 2021) .  The issue was whether the lowest permissible sentence (LPS) could be applied if it exceeded the statutory maximum sentence.  For instance, if you were being sentenced on a third-degree felony, which carries a statutory maximum sentence of five-ye...

  Drug Trafficking   Z Law Firm | May 12, 2022 | Drug Trafficking When I meet with clients or family members of clients who have been charged with a drug trafficking offense , one of the first comments I often here is, “but they were not caught selling to anyone.”  The harsh reality is the Trafficking is nothing more than Possession plus weight.  The problem is that your case grows from a minor felony charge to a serious felony charge punishable by minimum-mandatory terms of incarceration with significant fines.    “I Have Been Arrested for Trafficking, Now What?” If you have been arrested and charged with a Drug Trafficking offense, it is imperative that you speak with an experienced criminal defense attorney to guide you through the complex issues.  One of the first determinations that will need to be made is whether you have a Nebbia Hold that is preventing you from bonding out of jail.  A Nebbia hold allows the Court to make an inqui...

DUI Attorney Seminole County If you have been arrested and charged with DUI, it is important to understand the potential serious penalties a DUI conviction can carry.  Even if this is your first DUI offense, a DUI conviction can effect you personally, professionally, and financially.  Unlike most other criminal offenses, a DUI requires mandatory sanctions that leave Judges with very little discretion. Because of the harsh penalties that can result from a DUI conviction, it is important for you to consider consulting with an experienced Seminole County DUI Attorney.   DUI Penalties Criminal Conviction: even if this is your first criminal offense, a Court is required by law to impose a criminal conviction.  This means that you will have a permanent mark on your background that will not be able to be sealed or expunged. Probation: the Court is required to impose a period of one-year of supervised probation. Fines: the Court has discretion to impose a fi...

Orlando Criminal Defense and DUI: How a Criminal Defense Attorney Can Fight to Preve... : Criminal Defense Attorney Very often when I consult with a potential client, I will routinely hear, “I will give you a call once I get a c...

Orlando Criminal Defense and DUI: How to Fight Your Orlando DUI : DUI Attorney Orlando If you have been arrested and charged with a DUI, you undoubtedly are experiencing feelings of uncertainty and angst...

DUI Attorney Orlando If you have been arrested and charged with a DUI, you undoubtedly are experiencing feelings of uncertainty and angst.   A criminal conviction for DUI can effect you personally, professionally, and financially.   Even if this is your first DUI, the penalties can be severe. With so much on the line, it is important for you to consult with an experienced Orlando DUI Attorney who has experience and knowledge of Florida DUI laws.   This experience could mean the difference between a criminal conviction and having your charges reduced or dismissed. DUI Penalties Unlike most other criminal cases, DUI offenses leave the Court very little discretion when it comes to sentencing.   For a first-time DUI offender , some of the potential penalties that they may face include: Conviction: even if this is your first criminal offense, the Florida Legislature requires the Court to enter a mandatory conviction.   This means that you will hav...

Criminal Defense Attorney Very often when I consult with a potential client, I will routinely hear, “I will give you a call once I get a court date.”   Although this may seem like sound judgment; the truth is, waiting that long can be devastating to your case.   As a former prosecutor, I understand that the typical criminal investigation involves a law enforcement officer making an arrest, oftentimes on what is barely probable cause, and then turning the case over to the State Attorney’s Office.   From there, a Prosecutor will review the charging affidavit, many times without consulting with any witnesses, and then make a formal charging decision.   The problem is that the decision is made solely on what is contained within the four corners of the charging affidavit. Rather than waiting for a court date, much can be gained from attacking a case at the intake phase before the Prosecutor ever makes a formal charging decision.   When I sit down with a poten...

If you or a loved one has been charged with a drug crime , you need to understand that the potential consequences can be quite severe.   A conviction for a drug charge can result in prison time, lengthy probationary periods, high fines, and suspension of your driving privileges.   An experienced criminal defense attorney may be able to help you avoid these dire consequences.   Whether you have been charged with possession , possession with intent to sell , or drug trafficking , an experienced drug crimes lawyer will explore some of the following defenses to fight your case: Illegal Search and Seizure The Fourth Amendment to the United States Constitution is a safeguard of justice and protects people against unreasonable searches and seizures of either self or property by government officials.   In this scenario, a skilled drug crimes lawyer will evaluate your case to determine whether law enforcement had probable cause to stop your vehicle or to search yo...

Unlike most criminal cases, DUI cases seem to affect the broadest demographic of clients.   According to the Centers for Disease Control and Prevention (CDC), in 2014, over 1.1 million Americans were arrested for DUI.   If you have been arrested for DUI, there are some things that you need to know. In the State of Florida, an arrest for a DUI will not only result in a criminal charge, it will also result in an Administrative Suspension of your driving privileges through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) if you refused to provide and blood, breath, or urine sample, or if you provided a breath test in excess of the legal limit. As frightening as the prospect of having to appear before a Judge to answer to the DUI charge might be, your first concern should be in regards to your driving privileges.   You only have 10-days from the date of your arrest to either apply for a hardship license or to file an Application for a Formal Revie...

On December 11, 2015, an Orlando man was arrested for a felony charge of Possession of Methamphetamine .   The resulted from a traffic stop as the Orlando man was exiting an Orlando area 7-11.   Orlando police officers claimed that they had stopped the man’s vehicle for failing to come to complete stop as he was exiting the convenience store parking lot. According to the arrest affidavit, Orlando Police Officer Shelby Riggs-Hopkins wrote that she “observed in plain view a rock like substance on the floor board where his feet were.”   When questioned about what was found, the man advised that what she was looking at was sugar from a Krispy Kreme donut.   This eleven-year veteran of the Orlando Police Department retrieved the observed substance and conducted a field test.   The substance produced a positive result for amphetamines.   When questioned further about the substance, the 64-year old man advised Officer Riggs-Hopkins that the substance was...

The Winter Springs Police Department is currently being investigated for a program where Officers were rewarded for meeting and/or exceeding citations issued and arrests made during a week in September.  During the weekend of September 10th, more than 100 citations, warnings, and arrests were made.  A discovered internal handwritten memo titled, "Delta Shift Weekend Competition" offered points to the officers for cases ranging from a traffic ticket to a DUI arrest.  The winner of the contest would be able to "float" for a pay period and would get a surprise. On July 1, 2015, Florida Governor Rick Scott signed a law that forbids local governments from having traffic ticket quote programs.  Many believe that this law ensures transparency in government and prevents the exploitation of motorists.  This investigation into the Winter Springs Police Department being conducted by WFTV News 9 could create issues for the agency. If you were issued a civil traffic infr...

Florida Senate Bill 228 was drafted as an act relating to mandatory minimum sentences.  On October 1, 2016, it was enacted into law by amending Florida Statute 775.087.  The amendment deleted aggravated assault from the list of convictions which carry a minimum term of imprisonment if during the commission of the offense the convicted person possessed a firearm or destructive device.  It also deleted the term aggravated assault from the list of convicts which carry a minimum term of imprisonment if during the commission of the offense the convicted person possessed a semiautomatic firearm.

The Florida Legislature has enacted an act making it a crime to threaten terror or acts of violence towards public officials.  Senate Bill 436 was signed into law and created Florida Statute 836.12.  This statute defines the terms "family member" and "law enforcement officer."  Senate Bill 436 also amends Florida Statutes 790.163 and 790.164 by creating the crime of falsely reporting the use of firearms in a violent manner against a person or persons.