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Recent changes in Florida’s Stand Your Ground defense shifts the burden of proof from the defendant to the prosecutor. While some decry this change as placing an unreasonable burden on the prosecutor, board certified criminal defense attorney Ben Stechschulte believes this shift is appropriate and necessary. Learn more about the Stand Your Ground law and attorney Stechschulte’s position on the recent changes in our latest blog.
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An Acceptance of Responsibility plea is unique to the federal court system, and to receive the most benefit from this…
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Former congressman Anthony Weiner is under federal investigation by the US Attorney’s Office regarding child pornography. While no charges have yet been filed, Mr. Weiner’s attorneys are working hard to protect their client’s interests. This case is an excellent example of why it is important to hire an experienced criminal defense attorney as soon as you become aware you are under investigation rather than waiting for charges to be filed.
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In November 2016, Florida joined a growing number of states who have legalized the use of marijuana for medical purposes. Florida’s statute allows the use of medical marijuana and the state’s Department of Health is drafting guidelines to regulate the process. In addition to this state-wide effort, the City of Tampa recently decriminalized the possession of marijuana for amounts up to 20 grams, re-categorizing it as a civil infraction. Marijuana users who are stopped under suspicion of a DUI pose unique challenges to law enforcement agencies to legally prove the person was too impaired to drive safely.
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If a Federal Agent contacts you to “just talk” or “hear your side of the situation” contact an experienced federal attorney immediately. Whether you are a potential federal witness or the subject of an investigation, you need an expert lawyer who can protect your rights throughout this process.
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A defendant or convicted criminal in state or federal court can help themselves tremendously by providing "substantial assistance" to help law enforcement investigating another crime. The designation is determined solely by the prosecutor. The determination of substancial assistance and its impact on a sentence can be tremendously impacted by the strategy a defense attorney uses to present the situation.
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One of the best strategies to reduce both sentences and rates of recidivism for many types of first time criminals is through the use of drug and mental rehabilitation programs offered by counties. A study by the New York Times shows that smaller rural counties have much higher incarceration rates than larger counties. This disparity can be largely attributed to the use of rehab programs to greater degree in large counties compared with harsher penalties preferred in smaller counties. The counties around greater Tampa Bay show patterns congruent with the national trends in the New York Times article.
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The federal U.S. probation officer preforms a unique role in federal criminal cases compared to his counterpart in state court. The federal probation officer has the additional duty of creating the pre-sentence investigation report which heavily influences the judges final sentence. Any attorney hired for a federal crimainla case should be seasoned in helping probation officers create this report in the defendant's best interests. The proper application of the Safety Valve Law, one that could reduce sentences by up to 24 months for someone with no priors, is an example of an issue that needs to be positioned correctly.
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Selling counterfeit goods is considered a federal offense because they have most likely traveled across states and international borders. If you sense that federal agents are "dining out", or shopping and gathering evidence against you, immediately cease selling the items and call a criminal defense attorney with federal experience.
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Although not legal, possession of small amounts of marijuana (less than 20 grams) will now draw a citation instead of an arrest in the City of Tampa. Beware that misdemeanor charges will still apply when related to driving under the influence and in areas of Hillsborough County not included in the new ordinance like Brandon and Town n' Country.
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The Dennis Hastert case is a good example of how "relevant conduct" can affect the sentencing of a federal criminal case. Judges can take into account actions surrounding a crime, not just the crime itself, in determining the length of sentence. It is extremely important to find an attorney with extensive experience in federal crime cases who will present relevant conduct during the federal probation interview and presentence investigation report.
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There has been an ongoing problem with wrong-way driving in the Tampa Bay area. While it is true that some…
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