Orlando, FL DUI Lawyer, Criminal Defense Attorney

Bond and Pretrial Release

When asking for a bond, you are referring to your constitutional right to be released from jail pending the resolution of your case. Bond motions may be filed when 1) you are in jail and unable to post the amount of bond that is set or 2) you are in jail and have no bond set. The court will consider various factors to determine whether to grant a bond motion, including the nature of the case and the likelihood that you will flee prosecution. Your attorney will be able to present to the court the specific information the court needs to fairly determine the bond amount in your case. For instance, an attorney can evaluate the weight of the evidence against you, and use a lack of evidence against you to convince the court to grant a low bond.

Just because a Judge set an initial bond at what is called a First Appearance does not bar the Judge from reconsidering a request for bond at a later time.

If you have been arrested on a felony, and you miss a court date, the Judge likely issued a capias (arrest warrant) with no bond. If you miss a misdemeanor court date, your bond is increased substantially. Should you be remanded on the capias and held in jail without a bond or on a high bond, your criminal defense attorney can still file a bond motion on your behalf. Ms. Cryer has often gotten the court to agree to set or lower bond in such cases.

Rules govern the procedure for filing a bond motion, and the factors to be considered by the court when determining bond. Your criminal defense attorney can guide you as to what information is pertinent, and what information (such as prior criminal convictions), that you cannot be compelled to testify to.

If you miss a court date, any bond you posted is forfeited, and an arrest warrant is issued anew, with a higher bond or no bond at all. Should that happen, it is prudent to contact a criminal defense attorney to file a motion to quash (cancel) your arrest warrant, and reinstate your bond. Ms. Cryer has often filed such motions, resulting in the court simply quashing the arrest warrant, reinstating the bond, and setting a new court date.

Modification of Pretrial Release Conditions

Sometimes, the court releases an accused on bond, but with additional restrictions. For instance, the court may impose restrictions on contact with victims or witnesses, restrictions on place of residence, restrictions on travel, and so forth. It is not uncommon for the court to release those accused of crimes, especially those accused of crimes against civilian victims, to Home Confinement, or electronic monitoring. Home Confinement may cause undue hardship, restricting employment and necessary mobility. Ms. Cryer has filed many motions asking the court to remove the Home Confinement condition, and has had many of those motions granted by the court. Ms. Cryer has also gotten the court to agree to amend other conditions of pretrial release that prove to be too restrictive, such as allowing no “hostile” contact with victims, as opposed to no contact at all.

In addition, there are other rules governing the length of time the state can keep you in jail without filing formal charges, or an information. If the state violates that right, you may be entitled to release on your own recognizance, meaning you will not need to post bond at all on your case and you will be immediately released with no conditions. -Ms. Cryer monitors the state’s deadlines in your case, and has gotten many clients released on their own recognizance when the state has failed to file an information in a timely manner. You are also entitled to an adversarial preliminary hearing, during which your attorney can cross-examine the state’s witnesses early in the case and have the court determine probable cause anew.

Arraignment

The arraignment is a formal court proceeding early in the case, at which time the court inquires how you want to plea to your charge, and whether you have obtained or will be obtaining legal counsel.

Generally, if you have already retained an attorney prior to your arraignment, your attorney will waive your appearance at arraignment. This is because at arraignment, the state and defense are unprepared to resolve your case yet—discovery has not taken place, plea negotiations have not been entered into, and so on. Your attorney files a waiver of arraignment and enters a plea of not guilty for the time being on your behalf. You can maintain your plea of not guilty at future court appearances, or change it to a plea of guilty or no contest.

If you do not have an attorney, you are required to attend an arraignment. At that time, you are apprised of your charges in open court, and are best advised to enter a plea of not guilty and consult legal counsel.

Pretrial Diversion/ Intervention

Pretrial diversion (PTD) is a program available to first-time offenders only, and only upon a referral by the state attorney’s office. Not all types of cases are eligible. Some state attorneys refer cases to PTD willingly, while others never do. It is similar to probation, in that while on PTD and probation the accused must report to probation and agrees to do some conditions (such as community service, pay fines, take classes relating to your offense such as narcotics anonymous classes). The only difference is that upon completion of PTD, the charge is dismissed.

Another option is Pretrial Intervention, which does not require the referral of the state attorney. However, the Judge must agree, and the Accused must still have a record that does not bar eligibility. One’s record does not need to be completely clean, as it does in PTD, but one cannot have numerous prior arrests. An example of PTI in Florida is Drug Court, which is an intensive diversionary program for those accused of drug related offenses.

Plea Negotiations

Plea negotiating is when the state attorney and your defense attorney “bargain” to resolve your case short of trial. The state can agree, for instance, to drop a count, amend a serious count to a less serious one, or agree to a specific sentence.

Negotiating a favorable plea bargain involves discussing the facts of the case as applied to the applicable law, the client’s particular life circumstance, and the presence of any motions in the case. Sometimes, the state attorney will give their best offer upfront. Other times, based on discussion of the above factors, the state will drastically improve their plea offer. A skilled, experienced attorney knows when an offer is reasonable based on all factors involved, and when a better offer can be negotiated further. Ms. Cryer has often had substantial jail offers, even prison sentences, amended to probation sentences upon successful renegotiation sessions. While that is not always the case that the state’s initial offer will improve, only a criminal defense attorney has the ability to ensure you are getting the best deal justice permits.

All plea offers made by the state will be conveyed to you, the client. The ultimate decision whether to accept a plea bargain belongs with you, the client.

Pretrial Motions

Motions to Dismiss (no prima facie case and Statute of Limitations)

Motion to Dismiss for Lack of Prima Facie Case

An experienced criminal defense attorney can apply the facts of your case to the elements of the crime you are accused of, and determine whether the state really has a case. Sometimes, the evidence is “on its face” insufficient to convict you. In order to file such a motion, you the accused must attest to the facts of the case. The idea is that even if all the facts are true, the facts do not amount to a case of guilt against you. Such motions are rarely filed, because usually the facts of a case are in dispute. However, Ms. Cryer has had a number of cases dismissed by the court upon the filing of such a motion.

Statute of Limitations (exceptions apply)

Capital or Life Felony or a Felony resulting in death: No statute of limitation.

First Degree Felonies: Must be prosecuted within 4 years from the date of the offense.

Second and Third Degree Felonies: Must be prosecuted within 3 years from the date of the offense.

First Degree Misdemeanors: Must be prosecuted within 2 years of the date of the offense.

Second Degree Misdemeanors and Noncriminal Violations must be prosecuted within 1 year of the offense.

Motion to Suppress

The Fourth Amendment guarantees your rights to be free from unreasonable police searches and seizures. When these rights are violated, the constitution mandates that subsequent evidence be suppressed, or no longer available to be used against you in any future criminal court proceeding. The law of Fourth Amendment searches and seizures are complex, and only an experienced criminal defense attorney can review the facts of your case and determine whether your rights have been violated. Subtle nuances in the facts of your case can make all the difference as to whether or not a motion to suppress is appropriate. Generally, no other case exists with your exact factual circumstances, and so it is difficult to predict with absolute certainty whether the court would rule in your favor. Furthermore, there are numerous exceptions to the exclusionary rules of the Fourth Amendment. Therefore, it is important to consult with a criminal defense attorney who has experience successfully filing and arguing motions to suppress. Please call and ask about Ms. Cryer's trial and motion results.

The Fifth Amendment guarantees the right of the Accused to not be forced to be a witness against himself. Often, Miranda Rights are misunderstood by the general public. A police officer only needs to read you your Miranda Rights when you are in what is called “custodial interrogation.” All other statements, such as those made while the officer was conducting an investigation or those made spontaneously, are completely admissible against you. Officers are generally well-trained in the rules of Miranda, and read you your rights when they come into play. Nevertheless, police officers are not perfect and there are cases where one’s rights to remain silent are violated. In addition, some incriminating statements may be excluded pursuant to a motion in limine or pursuant to another line of defense, such as coercion.

Motion in Limine

Should your case go to trial, an important defense tactic is to exclude certain evidence, whether relevant or irrelevant, from your case. Sometimes the court will agree to exclude relevant evidence from trial when it is too prejudicial to you, impeding your right to a fair trial. For instance, in a D.U.I trial, the court may agree to keep the jury from hearing that there was an empty can of beer on your vehicle’s floor. While a court may or may not agree with such requests, only an experienced criminal defense trial attorney can raise such issues and present them to the court for discussion. If left up to the state attorney, all unfavorable “evidence” would be used against you to make a jury believe you are guilty. A fair trial is one in which you are tried only on the relevant facts and the law, not assaults on your character and jury speculation. A criminal defense attorney who is trained in the law of evidence is constantly vigilant during trial to exclude evidence that is more prejudicial to you than probative of the elements of the crime. Ms. Cryer has argued Motions in Limine in nearly every one of her trial cases, often resulting in the suppression of minor details or crucial facts the state was relying on to attempt to prove its case.

Sentencing

Florida Guidelines

The Florida Legislature has created a complex sentencing scheme dictating what the minimum periods of incarceration for many of those accused may legally be. This applies to everyone, even first time offenders. Every criminal charge carries a certain number of points, which are tallied on what is called a scoresheet. Should you score over the limit of points, a prison sentence is deemed by the Florida Legislature to be “mandatory.” The exact number of points you have determines the exact minimum period of incarceration.In addition, there are also statutory “enhancements”, mandating even more severe sentences for those accused of certain crimes, or repeat offenders. This has taken much sentencing discretion out of the hands of Judges. Florida Statutes and the Florida Rules of Criminal Procedure do list exclusive factors, which, if present, allow for a “downward departure” from the minimum mandatory prison sentence. A criminal defense attorney can advise you whether you will score minimum mandatory prison. And, if you do, your attorney can determine whether any grounds for a downward departure exist. You will likely not receive a downward departure sentence without zealous advocacy from a criminal defense attorney. Unless the grounds are presented to the court and stated on the record at the time of sentencing, anything less than your minimum mandatory sentence is an illegal sentence.

Violations of Community Control or Probation

A violation of probation occurs when someone on probation materially violates their probation in a willful manner. If you are accused of violating your probation, you have a right to a hearing before the Judge as to whether or not you violated your probation. Normally, your probation officer testifies as to the nature of your alleged violations, and you can be called as a witness in such a hearing. Different evidence rules apply, and the burden of proof is lower at a violation of probation hearing that it is at a trial. Limited defenses apply to a violation of probation.

While many criminal defense attorneys have never conducted a violation of probation hearing, Ms. Cryer has had success taking violations of probation to hearing, resulting in many dismissals of violations of probation. The stakes for violating probation are even greater than they are at the time of your initial sentence, because you are likely facing substantial jail time when accused of violating your probation.

Expungement

Depositions

Depositions are a tool used by criminal defense attorneys to gather additional evidence and anticipate effective cross-examination of witnesses at a trial. Depositions are not necessary in every case. In fact, they are generally not conducted in misdemeanor cases. It is presumed that an officer’s police report or a witness’s statement contains all the relevant information to a case. That is not always so, and at times it may be necessary to question the witness as to his anticipated testimony prior to trial.

DUI

Driving While Under the Influence of Controlled Substance

A potentially difficult case for the state to prove is that of Driving While Under the Influence of a Controlled Substance. Many of the officers conducting the arrests for such a crime are not qualified to testify as to the effects of controlled substances on one’s ability to drive. In short, a crucial link in the state’s case is missing, and the best the jury can do is speculate. Some officers are trained in such matters, and can testify as to the effects of drugs, and sometimes the element of impairment is obvious by other facts in the case. A criminal defense attorney who has tried cases involving Driving While Under the Influence of a Controlled Substance can advise you whether the state can prove its case. Ms. Cryer has taken such cases to trial (e.g. Driving While Under the Influence of Cocaine, Driving While Under the Influence of Xanax), resulting in acquittals by jury.

Driving While Under the Influence of Alcohol

Driving While Under the Influence of Alcohol is a charge one should not plead no contest or guilty to without careful consideration. The consequences are great—always including, at the very least, stiff fines, suspension of your driver’s license, numerous classes, and more. Furthermore, the law regarding the admissibility of the state’s evidence in DUI cases is currently in a state of flux, and oftentimes the state’s critical piece of evidence (the breath test result) is being excluded. Ms. Cryer has taken numerous DUI cases to trial, and is knowledgeable of the current law regarding the admissibility of the evidence against you.


		Criminal Defense Bond and Pretrial Release When asking for a bond, you are referring to your constitutional right to be released from jail pending the resolution of your case. Bond motions may be filed when 1) you are in jail and unable to post the amount of bond that is set or 2) you are in jail and have no bond set. The court will consider various factors to determine whether to grant a bond motion, including the nature of the case and the likelihood that you will flee prosecution. Your attorney will be able to present to the court the specific information the court needs to fairly determine the bond amount in your case. For instance, an attorney can evaluate the weight of the evidence against you, and use a lack of evidence against you to convince the court to grant a low bond. Just because a Judge set an initial bond at what is called a First Appearance does not bar the Judge from reconsidering a request for bond at a later time. If you have been arrested on a felony, and you miss a court date, the Judge likely issued a capias (arrest warrant) with no bond. If you miss a misdemeanor court date, your bond is increased substantially. Should you be remanded on the capias and held in jail without a bond or on a high bond, your criminal defense attorney can still file a bond motion on your behalf. Ms. Cryer has often gotten the court to agree to set or lower bond in such cases. Rules govern the procedure for filing a bond motion, and the factors to be considered by the court when determining bond. Your criminal defense attorney can guide you as to what information is pertinent, and what information (such as prior criminal convictions), that you cannot be compelled to testify to. If you miss a court date, any bond you posted is forfeited, and an arrest warrant is issued anew, with a higher bond or no bond at all. Should that happen, it is prudent to contact a criminal defense attorney to file a motion to quash (cancel) your arrest warrant, and reinstate your bond. Ms. Cryer has often filed such motions, resulting in the court simply quashing the arrest warrant, reinstating the bond, and setting a new court date. Modification of Pretrial Release Conditions Sometimes, the court releases an accused on bond, but with additional restrictions. For instance, the court may impose restrictions on contact with victims or witnesses, restrictions on place of residence, restrictions on travel, and so forth. It is not uncommon for the court to release those accused of crimes, especially those accused of crimes against civilian victims, to Home Confinement, or electronic monitoring. Home Confinement may cause undue hardship, restricting employment and necessary mobility. Ms. Cryer has filed many motions asking the court to remove the Home Confinement condition, and has had many of those motions granted by the court. Ms. Cryer has also gotten the court to agree to amend other conditions of pretrial release that prove to be too restrictive, such as allowing no “hostile” contact with victims, as opposed to no contact at all. In addition, there are other rules governing the length of time the state can keep you in jail without filing formal charges, or an information. If the state violates that right, you may be entitled to release on your own recognizance, meaning you will not need to post bond at all on your case and you will be immediately released with no conditions. -Ms. Cryer monitors the state’s deadlines in your case, and has gotten many clients released on their own recognizance when the state has failed to file an information in a timely manner. You are also entitled to an adversarial preliminary hearing, during which your attorney can cross-examine the state’s witnesses early in the case and have the court determine probable cause anew. Arraignment The arraignment is a formal court proceeding early in the case, at which time the court inquires how you want to plea to your charge, and whether you have obtained or will be obtaining legal counsel. Generally, if you have already retained an attorney prior to your arraignment, your attorney will waive your appearance at arraignment. This is because at arraignment, the state and defense are unprepared to resolve your case yet—discovery has not taken place, plea negotiations have not been entered into, and so on. Your attorney files a waiver of arraignment and enters a plea of not guilty for the time being on your behalf. You can maintain your plea of not guilty at future court appearances, or change it to a plea of guilty or no contest. If you do not have an attorney, you are required to attend an arraignment. At that time, you are apprised of your charges in open court, and are best advised to enter a plea of not guilty and consult legal counsel. Pretrial Diversion/ Intervention Pretrial diversion (PTD) is a program available to first-time offenders only, and only upon a referral by the state attorney’s office. Not all types of cases are eligible. Some state attorneys refer cases to PTD willingly, while others never do. It is similar to probation, in that while on PTD and probation the accused must report to probation and agrees to do some conditions (such as community service, pay fines, take classes relating to your offense such as narcotics anonymous classes). The only difference is that upon completion of PTD, the charge is dismissed. Another option is Pretrial Intervention, which does not require the referral of the state attorney. However, the Judge must agree, and the Accused must still have a record that does not bar eligibility. One’s record does not need to be completely clean, as it does in PTD, but one cannot have numerous prior arrests. An example of PTI in Florida is Drug Court, which is an intensive diversionary program for those accused of drug related offenses. Plea Negotiations Plea negotiating is when the state attorney and your defense attorney “bargain” to resolve your case short of trial. The state can agree, for instance, to drop a count, amend a serious count to a less serious one, or agree to a specific sentence. Negotiating a favorable plea bargain involves discussing the facts of the case as applied to the applicable law, the client’s particular life circumstance, and the presence of any motions in the case. Sometimes, the state attorney will give their best offer upfront. Other times, based on discussion of the above factors, the state will drastically improve their plea offer. A skilled, experienced attorney knows when an offer is reasonable based on all factors involved, and when a better offer can be negotiated further. Ms. Cryer has often had substantial jail offers, even prison sentences, amended to probation sentences upon successful renegotiation sessions. While that is not always the case that the state’s initial offer will improve, only a criminal defense attorney has the ability to ensure you are getting the best deal justice permits. All plea offers made by the state will be conveyed to you, the client. The ultimate decision whether to accept a plea bargain belongs with you, the client. Pretrial Motions Motions to Dismiss (no prima facie case and Statute of Limitations) Motion to Dismiss for Lack of Prima Facie Case An experienced criminal defense attorney can apply the facts of your case to the elements of the crime you are accused of, and determine whether the state really has a case. Sometimes, the evidence is “on its face” insufficient to convict you. In order to file such a motion, you the accused must attest to the facts of the case. The idea is that even if all the facts are true, the facts do not amount to a case of guilt against you. Such motions are rarely filed, because usually the facts of a case are in dispute. However, Ms. Cryer has had a number of cases dismissed by the court upon the filing of such a motion. Statute of Limitations (exceptions apply) Capital or Life Felony or a Felony resulting in death: No statute of limitation. First Degree Felonies: Must be prosecuted within 4 years from the date of the offense. Second and Third Degree Felonies: Must be prosecuted within 3 years from the date of the offense. First Degree Misdemeanors: Must be prosecuted within 2 years of the date of the offense. Second Degree Misdemeanors and Noncriminal Violations must be prosecuted within 1 year of the offense. Motion to Suppress The Fourth Amendment guarantees your rights to be free from unreasonable police searches and seizures. When these rights are violated, the constitution mandates that subsequent evidence be suppressed, or no longer available to be used against you in any future criminal court proceeding. The law of Fourth Amendment searches and seizures are complex, and only an experienced criminal defense attorney can review the facts of your case and determine whether your rights have been violated. Subtle nuances in the facts of your case can make all the difference as to whether or not a motion to suppress is appropriate. Generally, no other case exists with your exact factual circumstances, and so it is difficult to predict with absolute certainty whether the court would rule in your favor. Furthermore, there are numerous exceptions to the exclusionary rules of the Fourth Amendment. Therefore, it is important to consult with a criminal defense attorney who has experience successfully filing and arguing motions to suppress. Please call and ask about Ms. Cryer's trial and motion results. The Fifth Amendment guarantees the right of the Accused to not be forced to be a witness against himself. Often, Miranda Rights are misunderstood by the general public. A police officer only needs to read you your Miranda Rights when you are in what is called “custodial interrogation.” All other statements, such as those made while the officer was conducting an investigation or those made spontaneously, are completely admissible against you. Officers are generally well-trained in the rules of Miranda, and read you your rights when they come into play. Nevertheless, police officers are not perfect and there are cases where one’s rights to remain silent are violated. In addition, some incriminating statements may be excluded pursuant to a motion in limine or pursuant to another line of defense, such as coercion. Motion in Limine Should your case go to trial, an important defense tactic is to exclude certain evidence, whether relevant or irrelevant, from your case. Sometimes the court will agree to exclude relevant evidence from trial when it is too prejudicial to you, impeding your right to a fair trial. For instance, in a D.U.I trial, the court may agree to keep the jury from hearing that there was an empty can of beer on your vehicle’s floor. While a court may or may not agree with such requests, only an experienced criminal defense trial attorney can raise such issues and present them to the court for discussion. If left up to the state attorney, all unfavorable “evidence” would be used against you to make a jury believe you are guilty. A fair trial is one in which you are tried only on the relevant facts and the law, not assaults on your character and jury speculation. A criminal defense attorney who is trained in the law of evidence is constantly vigilant during trial to exclude evidence that is more prejudicial to you than probative of the elements of the crime. Ms. Cryer has argued Motions in Limine in nearly every one of her trial cases, often resulting in the suppression of minor details or crucial facts the state was relying on to attempt to prove its case. Sentencing Florida Guidelines The Florida Legislature has created a complex sentencing scheme dictating what the minimum periods of incarceration for many of those accused may legally be. This applies to everyone, even first time offenders. Every criminal charge carries a certain number of points, which are tallied on what is called a scoresheet. Should you score over the limit of points, a prison sentence is deemed by the Florida Legislature to be “mandatory.” The exact number of points you have determines the exact minimum period of incarceration.In addition, there are also statutory “enhancements”, mandating even more severe sentences for those accused of certain crimes, or repeat offenders. This has taken much sentencing discretion out of the hands of Judges. Florida Statutes and the Florida Rules of Criminal Procedure do list exclusive factors, which, if present, allow for a “downward departure” from the minimum mandatory prison sentence. A criminal defense attorney can advise you whether you will score minimum mandatory prison. And, if you do, your attorney can determine whether any grounds for a downward departure exist. You will likely not receive a downward departure sentence without zealous advocacy from a criminal defense attorney. Unless the grounds are presented to the court and stated on the record at the time of sentencing, anything less than your minimum mandatory sentence is an illegal sentence. Violations of Community Control or Probation A violation of probation occurs when someone on probation materially violates their probation in a willful manner. If you are accused of violating your probation, you have a right to a hearing before the Judge as to whether or not you violated your probation. Normally, your probation officer testifies as to the nature of your alleged violations, and you can be called as a witness in such a hearing. Different evidence rules apply, and the burden of proof is lower at a violation of probation hearing that it is at a trial. Limited defenses apply to a violation of probation. While many criminal defense attorneys have never conducted a violation of probation hearing, Ms. Cryer has had success taking violations of probation to hearing, resulting in many dismissals of violations of probation. The stakes for violating probation are even greater than they are at the time of your initial sentence, because you are likely facing substantial jail time when accused of violating your probation. Expungement Depositions Depositions are a tool used by criminal defense attorneys to gather additional evidence and anticipate effective cross-examination of witnesses at a trial. Depositions are not necessary in every case. In fact, they are generally not conducted in misdemeanor cases. It is presumed that an officer’s police report or a witness’s statement contains all the relevant information to a case. That is not always so, and at times it may be necessary to question the witness as to his anticipated testimony prior to trial. DUI Driving While Under the Influence of Controlled Substance A potentially difficult case for the state to prove is that of Driving While Under the Influence of a Controlled Substance. Many of the officers conducting the arrests for such a crime are not qualified to testify as to the effects of controlled substances on one’s ability to drive. In short, a crucial link in the state’s case is missing, and the best the jury can do is speculate. Some officers are trained in such matters, and can testify as to the effects of drugs, and sometimes the element of impairment is obvious by other facts in the case. A criminal defense attorney who has tried cases involving Driving While Under the Influence of a Controlled Substance can advise you whether the state can prove its case. Ms. Cryer has taken such cases to trial (e.g. Driving While Under the Influence of Cocaine, Driving While Under the Influence of Xanax), resulting in acquittals by jury. Driving While Under the Influence of Alcohol Driving While Under the Influence of Alcohol is a charge one should not plead no contest or guilty to without careful consideration. The consequences are great—always including, at the very least, stiff fines, suspension of your driver’s license, numerous classes, and more. Furthermore, the law regarding the admissibility of the state’s evidence in DUI cases is currently in a state of flux, and oftentimes the state’s critical piece of evidence (the breath test result) is being excluded. Ms. Cryer has taken numerous DUI cases to trial, and is knowledgeable of the current law regarding the admissibility of the evidence against you.