The Law Office of William Orth can help you with any criminal defense case, including:
- Drug Offenses can include a simple possession, a sale of any drug including the sale of prescription drugs with the exception of authorized sale, constructive possession and trafficking of a controlled substance. The possession of less than a certain about of marijuana can be a misdemeanor and the rest are Felonies of varying degrees. If you are adjudicated on any of these charges, you could have your driving privileges suspended for two (2) years.
- This charge consists of any unwanted touching which can include hitting, smacking or even hugging in some cases and is not an act involving someone you may reside with. This is a misdemeanor charge which in some cases can be made a felony when an object is used, great bodily harm occurs or a person over 65 years old is the alleged victim. In some cases there can be a self-defense argument and each case is handled on a case by case basis.
- Domestic Violence is when an act of violence, which can be an assault or a battery, is committed by a person who shares a household with the alleged victim, including a spouse, significant other, mother, father or sibling. When a person is arrested for a domestic violence charge they are held on a ‘No Bond” status until they see a Judge at First Appearance and generally will not be allowed any contact with the alleged victim until the Court says they can.
- This charge is any intentional unwanted threat either verbally or by an action to do harm to another person coupled with the ability to carry out said threat or act which creates a well founded fear that the act will be carried out. This is a misdemeanor charge however under certain circumstances can be a felony.
- If you pass all points of sale and fail to pay for any item when leaving a store, you can be charged with theft. Additionally, if after you have passed all points of sale and a representative from the retailer attempts to “detain” you and you resist, you could be facing a Robbery charge. Recently, if you “rent” items from certain retailers and you fail to make the timely payments or fail to return these items upon the retailers request you can be charged with a form of theft titled “failed to redeliver hired items” and additional theft charges. Depending on the retail amount it could either be a felony or misdemeanor.
Resisting an Officer
- This charge can be tricky and confusing. The minute you are instructed by any law enforcement officer to obey a command and you willfully and knowingly disregard the command you can be arrested on a misdemeanor charge. If during the course of willfully and knowingly disregarding the command and you touch, strike or offer to do violence to that officer, you can be arrested for Resisting an Officer with Violence which is a felony.
Battery on a Law Enforcement Officer
- Whenever you intentionally and knowingly touch, hit, strike, or push a sworn law enforcement officer during the course of the officers legal duties this is a felony. This can also include firefighters, emergency medical personnel and traffic investigators which are also felony charges.
- Entering and remaining in any structure or dwelling (a residence whether someone is living there or not) with the intent to commit an offense may constitute a burglary. These charges range from Burglary to something as serious as a home invasion. Any burglary that occurs in a residence, regardless of whether you have any prior arrests or not could cause the offender to go to prison.
- These offenses can range from speeding to failure to obey a traffic control device (running a red light) which are not criminal offenses. Too many points can cause your license to be suspended for a specific period of time. Once your license is suspended and if you are caught driving you are now subject to a criminal offense.
Driving Under the Influence
- In the State of Florida you cannot operate a motor vehicle or vessel while under the influence of alcohol or drugs to the extent that your normal faculties are impaired.
There are many elements for the State to prove before you can be found guilty of this offense. If you are found guilty there are many consequences you will face through the court and may collateral consequences you may face through the Department of Motor Vehicles. You need an attorney who can aggressively defend you and also explain to you all of the consequences of a conviction.
- This charge could be that you wrote a check to someone or a retailer and then the check is returned for insufficient funds. It could also stem from signing someone else’s name to a traffic citation or other official document. These charges can range from misdemeanors to felonies depending on the dollar amount and the nature of the charge. On most employment applications they specifically ask if you have ever been convicted of a “fraud” or crime of “moral turpitude” so obtaining a withhold of adjudication, if possible can be very important.
Violations of Probation
- When a person is found to have committed a criminal offense they can either be ordered to serve a period of jail or prison time or, if your record isn’t significant, you can be placed on probation by the Judge. The Judge will place you on probation for a specific period of time with special conditions such as community service, restitution or writing a letter of apology to the victim. Once you are on probation, you could violate by either a technical or new law violation. For example, if you fail to pay restitution the Probation Officer could submit an affidavit to the Judge citing that you failed to comply with the special conditions of probation and a warrant could be issued placing you in jail until a court date. If while you are on probation you are arrested for a criminal offense, that is a new law violation. Both examples are called Violations of Probation. There are several risks to both types of violations including preserving a previous withhold of adjudication or the risk of being sent to jail or prison depending if you have violated your misdemeanor or felony probation.
Violations of Community Control
- This is a more intense type of probation. You can either be directly placed on Community Control or, if after you have violated your probation, you could be place on Community Control. This type of probation is literally the last type of probation you could be placed on before the Court seeks to have you incarcerated. The most specific difference between probation and community control is you are required to be at your residence during a specific period of time usually early evening to early morning precluding you from running to the store for a gallon of milk at 9 pm. Community Control is commonly known as house arrest.