120 S. Olive Ave., Suite 402
West Palm Beach, FL 33401

Tag Archives: criminal process

What To Do After Being Arrested in West Palm Beach

Have you been arrested in West Palm Beach? When you were arrested, you hopefully heard the arresting officer recite the Miranda rights. Take what he or she said seriously. Anything you say can and will be used against you in court. According to the fifth amendment in the Constitution, you have the right to remain silent. You do not and should not need to make any statements about the case while you are being arrested. After you have been arrested in West Palm Beach, do not agree to speak with investigators until you have called and received advice from an experienced criminal defense lawyer. Hold Your Ground After being arrested, many people fail to hold back what they want to say in order to defend themselves. The truth is, arresting… […]

Posted in Criminal Defense | Tagged , | Comments Off on What To Do After Being Arrested in West Palm Beach

Arrested for Violating Probation

Arrested for Violating Probation

Probation is a sentence ordered by a judge that allows a convicted person to live in society under the supervision of a probation officer, instead of serving time in jail. Probation is different from parole. Parole is the conditional release of a prison inmate after serving part or all of his or her sentence. Violating probation is a serious charge with many repercussions. Your probation may be revoked.This is an action taken against a probationer who fails to comply with the terms of the probationary grant. A Palm Beach County prosecutor can use a probation violation against someone who has been charged with a new crime. When a formal probation revocation is filed in conjunction with a new case, a prosecutor has a tremendous advantage to force a plea bargain… […]

Posted in Animal Abuse | Tagged , | Comments Off on Arrested for Violating Probation

What Is A Plea Bargain

What Is A Plea Bargain

The process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval. Plea bargaining can conclude a criminal case without a trial. When it is successful, plea bargaining results in a plea agreement between the prosecutor and defendant. In this agreement, the defendant agrees to plead guilty without a trial, and, in return, the prosecutor agrees to dismiss certain charges or make favorable sentence recommendations to the court. Plea bargaining is expressly authorized in statutes and in court rules. In federal court, for example, plea bargaining is authorized by subsection (e) of rule 11 of the Federal Rules of Criminal Procedure. Under rule 11(e), a prosecutor and defendant may enter into an agreement whereby the defendant pleads guilty and the prosecutor… […]

Posted in Criminal Defense | Tagged , | Comments Off on What Is A Plea Bargain

Can a Judge Overturn a Jury Verdict?

Can a Judge Overturn a Jury Verdict?

Have you ever wondered if a judge can overturn a guilty verdict, or even a not guilty verdict? The results of former West Palm Beach Firefighter Capt. Rick Curtis’s trial may leave people wondering – is a jury verdict the final word? DUI Conviction Overturned According to the Palm Beach Post, Rick Curtis is fighting to get his job back as a firefighter for West Palm Beach now that his DUI conviction has been overturned. The conviction was overturned after Curtis alleged that the judge had an “intimate relationship” with one of Curtis’ adversarial colleagues. Curtis claims he didn’t learn of the relationship until after the trial. City officials are refusing to let Curtis return to the department and are claiming that the conviction wasn’t the sole reason he was fired.… […]

Posted in Criminal Defense | Tagged , , , | Comments Off on Can a Judge Overturn a Jury Verdict?

Public Defender vs. Private Defense Lawyer

Public Defender vs. Private Defense Lawyer

The difference between a public defender and a criminal defense lawyer is important when considering your legal representation. Having an attorney on your side is imperative. You must be proactive after your arrest regardless of what kind of charges are filed against you. The Public Defender A public defender is a licensed attorney, assigned to represent people who are charged with a crime and who desire legal representation but who cannot afford to hire a privately retained attorney. Different jurisdictions use different approaches to providing legal counsel for criminal defendants too poor to hire a private attorney. Under the federal system and most common among the states is through a publicly funded public defender office. Typically, these offices function as an agency of the federal, state or local government and… […]

Posted in Criminal Defense | Tagged , , | Comments Off on Public Defender vs. Private Defense Lawyer

Why You Must Know Your “Miranda Rights”

Why You Must Know Your “Miranda Rights”

When accused of a crime and arrested by the police the most natural emotion is fear. Unfortunately, fear often leads individuals to make dire mistakes given the circumstances and chief among those mistakes is talking to the police without an attorney. A clear head and a knowledge of how real world cases are handled is essential in this situation. Television media has given many false impressions about what happens after an arrest as well as at trial. In television law dramas confessions are forced out of all to loose-lipped suspects and defendants are badgered into confessions on the witness stand. In reality, a person accused of a crime has certain protective rights; rights he or she needs to know and exercise. These are commonly known as the “Miranda Rights.” In… […]

Posted in Criminal Defense | Tagged , | Comments Off on Why You Must Know Your “Miranda Rights”

Opening Arguments in Criminal Cases

Opening Arguments in Criminal Cases

Stuart, FL (Palm Beach Post) Opening arguments are expected to begin today in the first-degree murder trial of Christopher Tomlinson, the man accused with his girlfriend of killing her stepfather with a Samurai sword. Tomlinson, 25, and Nicole Thornhill, 21, were arrested in April 2008 after Gerald Lee Jensen’s body was discovered in a Palm Beach County landfill. Police say the couple confessed to killing the 48-year-old Jensen inside the Stuart apartment they shared with him and Thornhill’s mother, Kristan Jensen. According to police reports, Tomlinson stabbed Gerald Lee Jensen first in the throat and then in his chest before the couple dumped his body in the apartment complex’s trash bin. Opening Statements in Criminal Cases “Well begun is half done” Aside from questioning, an opening statement is generally the… […]

Posted in Criminal Defense | Tagged , | Comments Off on Opening Arguments in Criminal Cases

Motion to Suppress Evidence in Michael Kagdis Case

Motion to Suppress Evidence in Michael Kagdis Case

There is rich. There is super rich. Then there is Palm Beach. Palm Beach, Florida is a world unlike anywhere else – an ultra-exclusive island awash with spectacular estates and fabulously manicured lawns. It is a place where new money and old money play all day and party all night long. There are a few towns in America that are wealthier than Palm Beach but there is no town with more history or snob appeal. Even the rich get into trouble now and then. So what happens when a Palm Beacher gets arrested? They don’t retain a gentleman attorney from their country club. They go across Royal Park Bridge and hire an aggressive street fighter from West Palm Beach. Michael Kagdis, a famous Palm Beach resident, is out on bail… […]

Posted in Criminal Defense | Tagged , | Comments Off on Motion to Suppress Evidence in Michael Kagdis Case

What is an Oral Argument?

What is an Oral Argument?

Florida Supreme Court offers the following definition of an Oral Argument: Oral argument is not really an “argument.” Rather it is more like a high-powered conversation between the justices and the attorneys. The attorneys have an opportunity to add to the arguments contained in their briefs (written arguments submitted to the court before oral argument). Oral argument also lets the attorneys clear up misconceptions or questions raised by their briefs. A case selected for argument usually involves interpretations of the U. S. Constitution or federal law. At least four Justices have selected the case as being of such importance that the Supreme Court must resolve the legal issues. An attorney for each side of a case will have an opportunity to make a presentation to the Court and answer questions… […]

Posted in Criminal Defense | Tagged | Comments Off on What is an Oral Argument?

Criminal Attorney Selection Process

Criminal Attorney Selection Process

If you are accused of a crime, your freedom, your family, your reputation, your immigration status, and your job may be at stake. The outcome you receive in the criminal justice system depends upon the experience and knowledge of the defense attorney you choose to represent you. With so many lawyers to choose from, how do you select the one that would serve your immediate needs and prepare you for the best defense possible? Consider the following steps to help you with the search for your criminal defense lawyer: Do a Google search for an attorney in the area where you were charged. The search must also include a specific charge you were charged with, for example: DUI in West Palm Beach, Drug Trafficking in Florida, etc. Narrow your search… […]

Posted in Criminal Defense | Tagged , | Comments Off on Criminal Attorney Selection Process