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I HAVE BEEN CHARGED WITH 316.193.1, 893.13.6 a, 893.147.1 I HAVE NEVER BEEN CHARGED WITH ANY CRIME BEFORE. WHAT IS MY OUTCOME

Gulf Breeze, FL |

893.13.6 a 6 COUNTS AND (1) COUNT ON OTHER TWO CHARGES. WHAT IS THE PROBABILITY OF REMAINING OUT OF JAIL?

Attorney Answers 4

Posted

There is no probability either way. An attorney must look at the specific facts of the case and the evidence against you. Hire one.

Please don't type in ALL CAPS. It make it hard to read and some attorneys won't read it at all.

I'm a Florida personal injury, criminal defense, and federal civil rights lawyer. If you have personal injury, criminal defense or federal civil rights case and are interested in my services, then please go to my Avvo profile and email or call me. I cannot contact you.

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Christopher Robert Dillingham II

Christopher Robert Dillingham II

Posted

Please hire a Florida criminal defense attorney ASAP (the sooner the better). Don't listen to attorneys who say to only hire a "local attorney." All our Florida Bar cards read "Florida" on them, not "City X." For misdemeanors, I would agree that it is usually less expensive to hire locally, but cheaper doesn't necessarily mean "better." Find an attorney with whom you are comfortable even if you must pay more. Using today's outstanding technologies, Florida defense attorneys can easily handle criminal defense cases across the state. Sometimes, defense attorneys can convince assistant state attorneys not to file charges or file reduced charges while the case is in intake. No attorney, of course, can make you any promises whatsoever about a specific outcome. Many of us work late night and weekend hours, so call an attorney for a free consultation right now, and do not delay. These situations do not get better with time.

Posted

Regardless of your charges no lawyer can divine outcomes as each case and client are unique.

Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney's Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables ("free radicals" if you will) all of which combine to make it impossible to predict what will happen in a given case.

The best advise you are going to get on a given case is to find yourself a local criminal defense attorney (in your case in the Gulf Breeze area), make an appointment, show up on time and bring with you as much relevant paperwork or information as possible.

Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search either Avvo or the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab).

I hope that this has been helpful and wish you the best of luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

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Michael Adam Haber

Michael Adam Haber

Posted

You seem to have a DUI, a possession of controlled substance without an Rx (x6) and possession of paraphernalia, all in Gulf Breeze. Please understand that I know less than nothing about you, the facts and circumstances of your case (i.e. the basis of the stop, the location of the contraband, the nature of the seizure, etc) or of either the State Attorney and the Gulf Breeze Judge who will be involved in your case. All of these matters are critical in providing any sort of advise, and there is simply too much to take in and discuss online. Accordingly I will re-refer you to searching either Avvo or the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab), making an appointment (or 2 or 3), showing up on time and bringing with you whatever relevant materials or persons or paperwork or evidence that you may have, if any, and engaging in a meaningful face-to-face discussion with an experienced criminal defense lawyer. That said, if this is your first offense then you may be eligible for a diversionary program. Diversion is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney's Office and they have absolute and unequivocal discretion as to whether to admit you, keep you or "graduate" you from their program. If you are eligible for diversion then the question becomes whether or not diversion is right for you. There may or may not be viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges without going through diversion. I don't know the nature of the Rx violations (did the cops trump up charges by giving you separate counts for each of 6 of the same pills or were they different substances?) Again, the best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and citations and then offer an informed opinion. You may also be facing separate prosecutions (whether by choice of the prosecutor or by motion of your defense attorney). While the charges ar properly joined together they are also potentially severable (meaning that you could theoretically have one case for DUI in County Court and another separate felony prosecution for the Rx & paraphernalia offenses). Again, there are too many possibilities and variables to tell. If your case were in Miami, where I primarily practice (and have done for the past 22+ years) then I would tell you that you have a solid chance of not only avoiding jail but of being diverted on all of your charges (again subject to the facts and circumstances - any one of which could preclude your eligibility into diversion, but still, all things equal, sans "complications", in Miami as a 1st time offender you might very well luck out); but I am completely unfamiliar with Gulf Breeze (I don't even know where it is on the map) and you absolutely, unequivocally must consult with a local lawyer to get a competent answer.

Posted

Each case is different and each case demands the personalized attention of an attorney. No attorney can simply know what the charges are and predict an outcome. Each of the statutes of the crimes you are charged with contains elements, and each of those elements must be proven by the state beyond and to the exclusion of a reasonable doubt. When you hire a criminal defense attorney, he will get his hands on all of the police reports and decide where to go from there after carefully analyzing all of the evidence that the state intends to use against you. As you can probably guess, the probability of remaining out of jail depends upon the facts of each of the counts against you. Many first time offenders do not face jail, but again that depends upon the facts. Get counsel on your side.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida. If you wish to contact the above attorney, see his profile at this website.

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Posted

I am sorry, my friend, but no one can look into a proverbial crystal ball and tell you what the out come of your case will be based exclusively on the statutes you have been charged with .

An experienced criminal defense attorney needs to review the facts of your individual situation with you. Interview several lawyers and hire the one who can explain your situation to you well and who is willing to spend the time necessary to get you the best results possible.

You are not buying a tv at Walmart. The attorney client relationship is an important relationship and it is necessary that you have confidence in your lawyer.

I am not your lawyer and this should not be considered the giving of legal advice.

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Arthur Spiegel

Arthur Spiegel

Posted

The lawyer who promises the cheapest price is not the worst lawyer in the pool and the lawyer who quotes you the highest fee is not necessarily the best choice either. This is what I recommend: Circulate among your friends and family members that you are looking for a lawyer for a friend and that you want their recommendations. You do not need to be specific about the allegations, just that your friend has a criminal court problem and you are trying to help him find a lawyer. Get the names of 3 or 4 lawyers who come highly recommended. Make appointments to see them all. Go to your meetings and see who you are most comfortable with. Find a way to hire the person you feel best about. This should not be the person who paints you the rosiest picture. Anyone can tell you want you want to hear to try to get you to part with your money. Go with the person you feel was most honest and gave you the best explanations of what has happened and what you can expect to happen and who has a solid plan to get you the best possible result. NO ONE CAN GUARANTEE THE OUTCOME OF YOUR CASE.

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