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  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.   The accused wil

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 handles divorces and car accident cases sitting next to you in court.  Be sure that your lawy

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 violated.  A few months ago, I had a client come into my office sure that he was

  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-years, could the sentence e

  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 inquiry regarding the source of funds that a

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 fine of no less than

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...