Do you have a question about a traffic ticket you received and you want to know what you should do or do you have a criminal case you need representation on or do you have a family law or civil matter you want help with? Call, I can help.
There are different levels of offenses. Each charge has its own minimum and maximum sentence and each criminal case is unique with different circumstances and defenses that result in unique outcomes. An attorney determines the best course of action based on the facts, evidence and the law and assists with getting the best outcome possible. An attorney should be retained at the earliest possible chance due to all of the issues that need to be handled. For example, retaining an attorney during a criminal investigation may prevent an arrest or protect your constitutional rights; retaining an attorney before a first appearance may allow you to get released without paying a bond or paying a lower bond or preventing a No Contact or No Trespass to be ordered so you may live in your home and with your loved ones during the pendency of your criminal case.
There are several types of injunctions (domestic violence, stalking, repeat violence, dating violence) and each one requires there to be certain elements to be met and evidence presented to be ordered by the judge. After a hearing, an injunction may be denied, ordered temporarily, or ordered permanently. Injunctions are very personal and can harm one's image and reputation so they must be taken seriously. Moreover, if an injunction is ordered, certain rights and privileges can be taken from you like being able to possess firearms, being in a certain place or being around a certain person. Attorneys defend people in injunctions and even negotiate settlements.
When someone has never been adjudicated guilty, he or she may expunge or seal one criminal record. That means it will disappear and you can legally lie that it never existed and only under a very narrow exception would have to disclose that it ever happened. Only certain cases can be expunged and only certain other cases can be sealed. A case that was dismissed or you were found not guilty after trial, can be expunged. A case where you were given a withhold of adjudication and it is not a charge that is prohibited from being sealed, can be sealed. The process of expunging or sealing is mainly administrative and in some counties requires a hearing. An attorney will help process the petition and ensure the expungement or seal goes through properly. Although my practice is in Southwest Florida, I do expungements and seals statewide.
Motions are filed for a number of reasons and are the way you communicate with the court prior to trial to get the judge to do something your client wants or needs or after the case is resolved, and you want to change something about the resolution. Motions are filed to develop a defense like in the case of a motion to suppress or to get additional discovery not disclosed by the state attorney's office that will help the case. Motions are also filed to get someone off probation early or to modify probation terms. Motions are also filed for a number of reasons in family and in civil court.
Officers may stop you for a number of reasons, for example, having your headlights off, going too fast for conditions, speeding, racing, driving recklessly or driving under the influence of an intoxicant. Having a license and being able to afford insurance is a must in today's society and attorneys help resolve traffic matters in order to get the best outcome. An attorney will focus on whether the officer or the state attorney's office can prove the offense and if so, how an adjudication of guilt can be prevented in order to prevent a license suspension or points placed on one's license, insurance going up, or to prevent sentencing that will burden one's time, resources and wallet.
Families require the intervention of the courts when there is a need for a separation or change in the family structure. Attorneys assist in dissolving a marriage or petitioning the court for modifications in the final judgment. Attorneys advocate for the needs of their clients in light of the law and when children are involved, the best interest of the children. It is important to have an attorney to assist with a family law case because of the intricacies of the filings, pleadings, and case law specific issues.
239-398-2933 / legal@monicafishlaw.com