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

The Best Solution To Your Legal Issue Is An Experienced Criminal Attorney

1Although some defendants think that they can “beat the system” on their own, having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic.

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.

Take charge in hiring a good lawyer to defend your case. An experienced and knowledgeable defense attorney will work hard to find you the best solution to your legal issue. If you were accused of a crime, DUI, or other violation you should consider talking with several lawyers before choosing one.

Many attorneys choose not to get involved in a criminal case until the defendant has been formally charged with a crime. Mr. Stine’s philosophy is the opposite. His experience has proven that there is no substitute for early intervention, which gives his clients a head-start on the prosecution. This gives the lawyer more time to:

  • Conduct investigations
  • Interview witnesses
  • Research all legal options

The Office of the State Attorney in each Florida Judicial District employs “charging lawyers” whom determine the appropriate crime to charge. Lawyer Andrew Stine believes that it is imperative for the charging attorney to know who you really are and to show that you are much more than what the law enforcement agent or victim makes you out to be. That philosophy, along with Mr. Stine’s high level of trial preparation and creative defense strategies, has established an unprecedented track record of success for his clients.

Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.

A Dismissal In A Criminal Prosecution

A dismissal in a criminal prosecution is a decision of a court, which has exercised its discretion prior to trial or before a verdict is reached, that terminates the proceedings against the defendant. The procedure by which dismissals in state and federal criminal actions are obtained are governed, respectively, by the state and federal rules of Criminal Procedure. In criminal prosecutions, delay often prejudices the defendant’s rights because of the greater likelihood that evidence would be lost or memories or events would not be recalled easily. The possibility of dismissal ensures the prompt government prosecution of individuals accused of criminal activity.

The legal effect of a dismissal in a criminal prosecution is dependent upon the type that is granted by the court.

Dismissal with Prejudice A dismissal with prejudice bars the government from prosecuting the accused on the same charge at a later date. The defendant cannot subsequently be reindicted because of the constitutional guarantee against Double Jeopardy. A dismissal with prejudice is made in response to a motion to the court by the defendant or by the court sua sponte.

Motion by a Defendant A defendant may make a motion to the court to have the charges against him or her—whether embodied in an indictment, information, or complaint—dismissed with prejudice because the delay has violated the individual’s constitutional right to a Speedy Trial or there is no sufficient evidence to support the charges. In deciding whether a delay is unreasonable, the court evaluates the extent of the delay, the reasons for it, the prejudice to the defendant, and the defendant’s contribution to the delay.

Sua Sponte Power of Court A court with jurisdiction to decide criminal matters can sua sponte dismiss a criminal prosecution with prejudice if the facts of the case clearly established that an accused has been deprived of his or her constitutional right to a speedy trial.

Dismissal without Prejudice A dismissal without prejudice that permits the reindictment or retrial of a defendant on the same charge at a subsequent date may be granted by a court acting sua sponte or after the prosecuting attorney has made a motion to do so. Only nonconstitutional grounds that do not adversely affect the rights of the defendant, such as the crowding of court calendars, might be sufficient to warrant the dismissal of a criminal action without prejudice (source)

Sentencing Issues and the Criminal Punishment Code

The Criminal Punishment Code Score Sheet is like a report card that the judge reviews at the time of sentencing. The score sheet tabulates a specific number of points per offense as set by Florida statute and scored at time of sentencing. If your total combined score is less than or equal to 44 points, the judge can impose a non-state prison sanction, which could mean county jail time of one year or less, house arrest, probation, a fine, payment of court costs, or even no punishment at all. If total points are greater than 44 points, the court will impose mandatory state prison time, unless the court finds a legal reason to depart downward, and is willing to depart downward from the minimum prison sentence set by the criminal punishment code. A downward sentence is a sentence below the minimum permissible sentence, based upon a legally permissible exception in sentencing laws. The judge does not have to grant a bona fide downward departure motion and it is completely within the court’s discretion to disregard it under the law.

Your attorney can assist you in deciding what course of action is best, depending upon your charges and other factors unique to your case. No two cases are the same.

An arrest is not the be-all, end-all of a criminal case. What matters is how the case is resolved. Being proactive after your arrest can often make the difference between whether you are facing felony or misdemeanor charges, or whether any charges are filed against you at all.

At the law offices of Andrew D. Stine, we will combat your criminal charges and seek to have your case dismissed (nolle prossed) so it won’t damage your immigration status.

Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.

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