St. Lucie County Criminal Law Blog

Protecting your Rights with an AV Rated Stuart DUI lawyer

May 9, 2018

Technically speaking, operating a vehicle after consuming alcohol is not illegal in itself. The crime of driving under the influence, also commonly referred to as a “DUI,” is defined as any situation in which an individual physically controls a car, truck, van, motorcycle, or any other motor vehicle while in a clear state of impairment, which is measured by the State as a blood alcohol (BAC) or .08 or more. Measurement of blood alcohol content is almost always crucial for the prosecution to have a solid case against the accused. With the help of a top flight AV rated Stuart DUI lawyer, you may be able to avoid a DUI conviction and all of the legal repercussions that accompany it. There are many ways in which a good Stuart DUI attorney can approach such a charge depending upon the specific details of the case.

DUI Defenses

Good DUI attorneys (there are few) experience success in defending these cases by going the extra mile and requiring the arresting officer to show up for a DMV hearing and testify. This enables us to lock the arresting officer into his or her testimony and deters the arresting officer from altering his or her testimony at the suppression hearing later on. It also gives us ammunition by allowing us to impeach the officer’s testimony after the officer has been coached by the prosecutor and as a result alters his or her testimony with the intention of legally justifying the original vehicle stop. In many cases, this results in the dismissal of the case as the arresting officer fails in his testimony to legally justify the initial vehicle stop. Sometimes an inconsistency in the officer’s testimony is highlighted and attacked. If we cannot resolve your DUI case through pre-trial motions, we are will be prepared to take your case to trial. Perhaps the State is unable to prove who was driving the vehicle, or it may be possible to discredit the arresting officer’s opinion that the accused facing trial was impaired at the time of arrest. These are only two common potential defenses to the crime of DUI; there are countless other ways to defend your case that we will explore and we will find the best way to defend your case.

Why the Reputation of your Stuart DUI Attorney Matters

In certain cases, you could receive a favorable plea deal as a result of the reputation of your Stuart DUI attorney. Prosecutors hate to lose. We’ve seen it many times before; afraid that they’ve been outmatched by a better lawyer. In order to avoid the risk of losing a case, prosecutors will often extend a favorable deal to the accused in order to avoid defeat. In cases such as these, the reputation of your DUI attorney is vital to the success of your case, especially if your freedom is at stake. Don’t risk it all – make sure that your freedom and future are protected by employing the services of an experienced AV rated, board certified criminal trial attorney that you can trust.

When you find yourself in need of a Stuart DUI lawyer, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Stuart DUI attorney Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Stuart Criminal Defense Attorney

May 9, 2018

If you have been changed with a violent crime in Stuart, you may already be well aware of the potential sentences handed out in many of these cases. The state of Florida has some of the severest violent and gun crime laws in the world. Oftentimes, presence of a firearm while in commission of a crime is enough to add additional time to your sentence. For this reason alone, it is highly recommended to seek the services of a Stuart criminal defense attorney who has the skills and experience necessary to defense your case. These cases are often complex; without the legal representation of a Stuart criminal defense lawyer, you could face heavy prison sentences or worse.

Florida is notorious for its “10-20-Life” law commonly used in criminal charges that involve the use of a firearm. You may know the slogan for the law, “use a gun, and you’re done.” Pulling a gun during the commission of a crime results in a mandatory 10-year prison sentence. Firing a gun during a crime results in 20 years, and shooting someone results in at least 25 years in prison up to a life sentence. Florida’s Section 924(c) laws also legislate additional repercussions for possession and/or use of a firearm during the act of committing a crime. Such legislature has removed sentencing discretion from presiding judges in many of these cases and transferred sentencing power to the government.

Why You Need a Stuart Criminal Defense Lawyer

Due to these additional conditions relating to firearms and criminal charges, it isn’t uncommon for a successful violent crime charge defense to be contingent upon very specific facts about the case. The outcome of the case may change upon examination of the location(s) at which the crime was committed, whether or not the actions of the accused could be ruled as self-defense, the possibility of pre-existing violent tendencies in the alleged victim, and the mental state of the accused individual. These four are only a small sample of the many ways in which your Stuart criminal defense lawyer can utilize to craft a successful defense for your case.

There are a large number of crimes related to firearms and/or violent acts that are currently vehemently prosecuted, and therefore virtually require the assistance of a knowledge Stuart criminal defense attorney. These crimes include, but are not limited to…

  • Armed Robbery
  • Aggravated Assault
  • False Imprisonment
  • Aggravated Battery w/ a Deadly Weapon
  • Possession of a Firearm by a Convicted Felon
  • Child Abuse
  • Burglary of a Dwelling while Armed
  • Bank Robbery
  • Battery (Domestic)
  • Felony Battery
  • Aggravated Assault w/ a Deadly Weapon
  • Kidnapping
  • Resisting Arrest w/o Violence
  • Attempted Murder
  • Aggravated Battery
  • Assault
  • Resisting Arrest with Violence
  • Child Neglect
  • Murder
  • Battery on a Law Enforcement Officer
  • Improper Exhibition of a Firearm
  • Discharging a Firearm in Public
  • Armed Trespassing

If you are being charged with a crime related to an act of violence or firearm possession and/or discharge, don’t wait until the last second to try to resolve your call. Contact a criminal defense attorney today to resolve your criminal charge and pick up the pieces to get your life back in order.

When you find yourself in need of a Stuart criminal defense lawyer, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Stuart criminal defense attorney Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Protect Your Rights: Vero Beach DUI Lawyer

May 9, 2018

If you are of legal drinking age, it is technically not illegal to drive after ingesting alcohol. The moment where it is considered driving under the influence is when the person in control of the vehicle is clearly and visibly impaired and/or possesses a blood alcohol level of over .08, which is the numerical standard for impairment set by the state of Florida. Punishments for DUI convictions are becoming exponentially harsher as state and federal courts attempt to crack down on the amount of impaired drivers on the road. If you are currently facing DUI charges in Indian River County, a top Vero Beach DUI lawyer can help you defend against a DUI charge and protect you from a DUI conviction and overly harsh legal repercussions. A skilled Vero Beach criminal attorney who specialized in DUI defense is a necessity. We will poke holes in the case presented by the opposition by looking for oversights or unconstitutional actions taken by law enforcement officers.

Whether or not the traffic stop that led to the DUI charge was valid is an important factor in such cases. By arguing that the traffic stop was unconstitutional, which is true in many DUI cases for a variety of reasons, your Vero Beach DUI lawyer can show the court evidence of its unconstitutional nature in order to get the evidence acquired as a result of the stop thrown out of court and deemed inadmissible as evidence. Another avenue for our DUI defense strategy is to choreograph a motion to suppress hearing. In doing so, your attorney may request a transcript of the testimony given by the police officer(s) involved in the case. By utilizing an official copy of the sworn testimony given by the officer(s), your attorney can successfully deter the officer(s) from changing any testimony presented at the suppression hearing. However, if this does not prevent alteration of the testimony, your lawyer may impeach the new testimony given after the officer(s) receives “coaching” from the prosecutor and modifies their original testimony to include some new found legal justification for the original traffic stop.

Why the Reputation of Your Vero Beach Criminal Attorney Matters

If your case cannot be resolved during pre-trial motions, your Vero Beach criminal attorney will then prepare to represent you in trial. Many options remain at this stage of the defense. For example, perhaps the state is unable to prove who was operating the vehicle at the time of arrest. It could be that the arresting law enforcement officer’s judgment in determining impairment could be discredited due to a variety of factors. By highlighting mistakes made by officers during the arrest, your Vero Beach DUI lawyer can successfully defend you from a DUI conviction. If your case results in a plea deal, the reputation of your attorney may work in your favor. Prosecutors don’t like to lose. If they feel as though they are outmatched by a defense attorney who has clearly out prepared them, the prosecutor may prefer to avoid a potential loss and make a favorable plea offer instead.

When you find yourself in need of a Vero Beach DUI lawyer, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Vero Beach criminal attorney Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your DUI case.


Finding a DUI Lawyer in Stuart, Florida

May 9, 2018

As any DUI lawyer in Stuart can tell you, the crime of driving under the influence (or DUI) is not committed simply by consuming alcohol before operating a vehicle under St Lucie County Law. There must be proof of impairment that endangers the driver and those around him or her. The state provides a numerical standard for blood alcohol content to help law enforcement officers determine if a driver is impaired. If a driver is tested and found to have a blood alcohol content of at least .08 while in operation of a vehicle, then the driver is likely to earn a DUI charge. With such proof of impairment, there is a low chance of conviction except in the most extreme of circumstances. When faced with a possible DUI conviction, an experienced DUI attorney in Stuart can mean the difference between continued freedom and harsh legal repercussions.

The Law Office of Brian H. Mallonee regularly provides the high-quality representation needed to avoid serious convictions such as DUI charges. Your DUI attorney will work tirelessly to investigate possible defenses via pre-trial discovery. A key aspect of a successful DUI defense is to eliminate as much evidence as possible in order to simplify your case.

The first step in a DUI defense case is to determine if the traffic stop is deemed unconstitutional in the eyes of the law. Searches and seizures that occur without proper justification are not considered relevant to court proceedings and any evidence that is collected as a result of an unconstitutional search and seizure is typically thrown out of court.

We have experienced great success in utilizing a police officer’s testimony to expose mistakes in the case presented by the prosecution. During the DMV hearing, the arresting officer typically gives a sworn testimony, of which we may request a transcript. By obtaining a transcript, we are afforded two distinct options:

  • Inhibit the officer’s ability to modify his or her testimony as given at the DMV hearing, because we are able to…
  • Dispute the “new” testimony given by the officer after modifications have occurred, therein highlighting inconsistencies that exist within the prosecution’s case.

Representation in Court – DUI Attorney in Stuart

Sometimes, a DUI case is unable to be resolved by a DUI attorney in Stuart during pre-trial procedures. However, an experienced DUI attorney in Stuart can continue aggressive and professional legal representation in court in order to prevent a DUI conviction. Many defense options remain once we approach trial. We can emphasize a lack of proof in regard to who exactly was driving the vehicle when the arrest occurred. Another option is the challenge the arresting officer’s ability to accurately judge if the accused individual was impaired or not. Once your cases reaches trial, creating emphasis on the mistakes made by law enforcement as the arrest occurred can lead to a successful defense.

No matter which defense method is most appropriate for your case, reputation is often one of the most important characteristics to look for when searching for a DUI lawyer in Stuart. In certain cases, the best case scenario is a plea deal. These cases can greatly benefit from a respected Stuart DUI lawyer who has experienced significant success in previous DUI defense cases. If your DUI attorney is highly respected in the legal community, the changes of obtaining a favorable plea deal are significantly increased. Generally speaking, prosecutors do not enjoy losing in court. When the prosecutor is aware that the opposition has a track record of numerous successful DUI defenses, they are quite likely to offer a more favorable deal in order to avoid a loss. Stuart DUI lawyer Brian Mallonee has an extensive record of successful DUI cases, which ensures that you receive the quality representation that you need to prevent a DUI conviction and avoid resultant fines, suspensions, and prison sentences.

When you find yourself in need of a DUI attorney in Stuart, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee, which provides legal reputation by a DUI lawyer in Stuart, is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Stuart DUI lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Understanding the Fourth Amendment – from the perspective of a Stuart Criminal Defense Attorney

May 9, 2018

Law enforcement officers at the state and federal levels continue to pursue an unwinnable and increasingly expensive war on drugs all over the country, including Martin County, resulting in drug charges every day. These charges, along with potential subsequent convictions, can have collateral consequence on the life of an individual in a variety of ways. Prison sentences and convicted felon status await many of those convicted of a drug crime. The objective for a top – flight criminal defense attorney in Stuart is to have these charges dropped. When dealing with a drug charge, a good criminal lawyer in Stuart is likely to achieve this by challenging the validity of any search and seizure procedures used by law enforcement during the arrest with respect to the Fourth Amendment.

The exact wording of the Fourth Amendment to the United States Constitution is as follows:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In essence, the Fourth Amendment intends to protect the privacy of an individual. In this context, privacy is generally defined as the freedom to choose which details or aspects of your personal life are revealed to the public and which of those that you would prefer to keep out of the public eye. The Fourth Amendment works to defend this right to privacy by protecting citizens from unreasonable searches and seizures conducted by law enforcement officers. On the other hand, the Fourth Amendment works to permit searches and seizures that can be deemed reasonable. In short, this means that law enforcement officers may sidestep any privacy concerns in order to search your property or your person if there is probable cause to believe that evidence of a crime could be found. Sometimes, a judge must issue a signed search warrant in order for the search and seizure to be considered reasonable. However, most searches that occur do not have an associated warrant due to the fact that law enforcement officers understand the many legal exceptions to the Fourth Amendment, and will “find a way” to articulate the probable cause required to make the search a legal one. This is where a persuasive criminal defense lawyer can be most valuable.

When the Fourth Amendment Does Not Apply – from the perspective of a Stuart Criminal Lawyer

If you freely give consent to a search, a warrantless search that would otherwise be considered unconstitutional is no longer considered a violation of the Fourth Amendment, which is therefore no longer usable by your Stuart criminal lawyer as a defense tactic. Furthermore, any contraband found as during the consensual search may be used in court to convict the accused individual. However, what is “freely and voluntarily” really mean? Again, a top-flight criminal lawyer can often times persuade a Judge that the accused “consent” was only a response to the intimidation or coercion of a police officer.

It is important to know that the Fourth Amendment also only applies when there is a reasonable expectation of privacy. For example, most people would agree that there is a reasonable expectation of privacy in a public bathroom, which is why security cameras within public bathrooms are illegal. However, there are exceptions and nuances to this general rule of thumb. Again, a creative criminal lawyer can help find these nuances and present them to a Court for consideration at a Suppression Hearing.

One common example would be vehicle searches. If a police officer spots a clearly illegal items inside your car, for example, the Fourth Amendment does not apply and the officer may perform a search without concerns of reasonability. However, perhaps the initial reason for the traffic stop was not legitimate. If so, suppression of all contraband may apply. Also, any searches performed after a legal arrest are also exempt from the protections of the Fourth Amendment. Due to the complex nature of many cases that involve drug charges, the aid of an experienced criminal defense attorney in Stuart who knows 4th amendment search and seizure law can significantly turn the tables of the case in your favor.

When you find yourself in need of a criminal defense attorney in Stuart, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Stuart criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Violation of Probation — Stuart Criminal Defense Attorney

May 9, 2018

Violation of probation (VOP) cases typically begin in one of two ways: either the person on probation was arrested for a separate criminal offense while still serving said probation sentence, or his or her probation officer have requested a signed warrant from the judge due to violations of the terms of said probation sentence. When a violation of probation charge is involved, the accused individual possesses fewer rights when compared to other types of cases and faces numerous case-specific obstacles that are best handled by an experienced Stuart criminal defense attorney. Due to the importance of the judge’s decision in violation of probation cases, having a credible and reputable Stuart criminal defense lawyer on your side can be a game-changer.

Perhaps the biggest obstacle of violation of probation cases is the fact that the accused individual is not entitled to a jury trial in regard to the allegation of probation violation. The judge is the sole decider as to whether the prosecution can successfully prove that a violation of probation occurred on a basis known as “preponderance of the evidence.” What this means is that any majority of evidence, no matter how small, on either side (defense or prosecution) tips the outcome of the case in the favor of the party who possesses the most evidence that works in their favor. Preponderance of evidence can typically be translated as whether the accused individual was more likely than not to have violated their probation. The individual accused of violation of probation also does not possess a right to a bond; however, this does not mean that a bond is necessarily unavailable. Hearsay is considered admissible in court and, though limitations apply, the accused individual can be forced to testify in court. Guilt is not required to be proven beyond reasonable doubt. In general, violation of probation cases involve a very light burden of proof. It is quite common for an accused individual to be acquitted of a new criminal offense, only for the judge to find him or her guilty of a new law, or “condition 5,” violation of probation.

Technical Violations — Stuart Criminal Defense Lawyer

A technical violation occurs when any conditions of the probation sentence have been compromised or otherwise violated. A few examples of technical violations include failure to attend probation meetings, changing a home address without approval, and failure to attend mandatory classes. In many cases, your Stuart criminal defense lawyer can help you through the process by examining the case in order to explain the circumstances of your case to the judge in order to secure a more favorable ruling. No matter if you are facing a technical violation of probation or a new law/condition 5 violation, a board-certified Stuart criminal defense attorney can provide the skilled representation you need to avoid heavy fines and lengthy prison sentences. No matter the situation, a knowledgeable and prepared attorney will always have much more success in securing a favorable outcome than a lawyer who is neither. And when it comes to your personal freedom, only the best will do.

When you find yourself in need of a Stuart criminal defense lawyer, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Stuart criminal defense attorney Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your DUI case.


DUIs and the Fourth Amendment from the Perspective of a Vero Beach DUI Lawyer

May 9, 2018

The charge of driving under the influence (DUI) is one of the most serious charges that you could face. A DUI is usually determined by searches and seizures of evidence via breathalyzers, blood tests, or other tests that law enforcement officers use to determine if a driver is currently under the influence of alcohol or other controlled substances. Searches and seizures performed on a U.S. citizen are subject to reasonability checks as defined by the Fourth Amendment to the United States Constitution. To simplify what can often be a complex topic, the Fourth Amendment states that law enforcement officers must obtain a search warrant in order to lawfully perform most searches and seizures unless an exception (as defined by the Supreme Court) applies. Because of the often complex nature of legal situations that involve the Fourth Amendment, the legal services of a Vero Beach DUI lawyer are highly recommended if you are currently facing a pending DUI charge. A Vero Beach criminal lawyer can protect your rights by upholding a fair trial and could achieve an acquittal or dropped charge in the process, allowing you to avoid (or at least reduce) the heavy repercussions that are typically invoked by a DUI conviction.

The Fourth Amendment reads verbatim: “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” When a law enforcement officer thinks that you may have incriminating evidence and wants to search you, they must have probable cause to believe that you are currently in violation of the law or must possess a search warrant that has been approved and signed by a judge. Probable cause vaguely defined, but, in short, a law enforcement officer must have reason to believe that a law has been broken by an individual before a search is performed. Other exceptions exist, such any situation that creates a dire necessity to protect society at large. In these cases, the potential harm to numerous individuals (or their property) is too great to ignore, and the court may provide an exception to law enforcement officers that allows them to intrude on an individual’s privacy if there is reasonable belief that failure to do so will result in grave harm to numerous individuals and/or their property.

Defending Your Case with a Vero Beach Criminal Lawyer

If you are currently at risk of DUI conviction, a Vero Beach criminal lawyer can be invaluable to your case. An experienced and knowledge Vero Beach DUI lawyer can explore all options available in order to prove that a traffic stop or search and seizure could be proven to be unreasonable or otherwise considered a violation of an individual’s Fourth Amendment rights. No matter which tactic works for your case, your criminal defense attorney can help you build a case that results in reduced penalties or outright dismissal of charges or acquittal.

When you find yourself in need of a Vero Beach DUI lawyer, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Vero Beach criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your DUI case.


Computer Sex Crimes: Vero Beach Criminal Defense Attorney

May 9, 2018

Florida state law declares that child pornography possession is a third-degree felony therein punishable by up to five (5) years in prison per photo discovered in the accused’s possession. The prosecution is notorious for filing new counts of possession for each photograph or image discovered. Punishments for child pornography possession charges are even more severe at the federal level; conviction of possession results in a maximum sentence of 10 years in prison for the accused. The legislative infrastructure of child pornography possession laws in federal court involve what is known as “advisory” prison sentences. What this means is that judges use sentencing guidelines from the United States Sentencing Commission to influence their decision. Sentencing in parallel with commission guidelines is not required, but a top-flight criminal defense attorney can expect a battle when attempting to convince a judge to hand down a sentence that lies beneath said guidelines – and these sentences only become harsher if the accused individual is also charged with transmission or distribution of child pornography. Out of all of the possible cases a criminal attorney in Vero Beach can handle, a child pornography possession charge results in some of the most aggressive prosecutions in all of criminal law.

The successful defense of a possession case is certainly possible. The prosecution bears a hefty burden of proof in child pornography cases. It must be proven that the search and seizure performed to collect present evidence was not conducted in violation of the Fourth Amendment to the United States Constitution. The harsh truth is that an overwhelming number of law enforcement officials do not respect the Fourth Amendment due to a belief that it only exists to protect criminals. This results in the usage of tactics that are in fact violations of the Fourth Amendment. An officer could have coerced individuals in order to secure entry into their home or workplace to perform a search, or perhaps the officer did not have enough evidence to obtain a search warrant from a judge. There are many other situations in which a violation of the accused’s Fourth Amendment rights may result in disposal of illegally obtained evidence. When you have been accused of child pornography possession charges, you should seek the aid of a Vero Beach criminal defense attorney who will thoroughly examine every aspect of your case to reach the best result possible.

Proof Required in Possession Cases from the perspective of a Criminal Attorney in Vero Beach

When faced with a child pornography possession charge, there are several things that the prosecution must prove in order to secure a conviction. Your criminal attorney in Vero Beach can help you prepare for court and build your defense with these questions in mind. The prosecutor must prove that the accused individual is the same person who sat at the keyboard when the materials in question were downloaded and/or viewed. Many other questions come into play when determining the outcome of a child pornography possession case.

  • Did the illegal materials appear through no fault of the accused (e.g. through pop-up functionalities)?
  • Can it be proven that the individuals portrayed in these illegal materials are, in fact, over the age of 18 years old?
  • Is there any evidence of remote access to the personal computer or that the computer was hacked?
  • Can it be shown that the computer was used as part of a “zombie network” through internet hijacking?
  • Are keyword records and date/time stamps accurate?

This is only a small collection of questions that the prosecution will be forced to answer in court. Despite their overwhelming nature, hope still remains even if you are currently facing a child pornography possession charge. With the help of a highly qualified Vero Beach criminal defense attorney, you can avoid the lengthy prison sentencing and a lingering negative reputation among your peers that result from a possession conviction.

When you find yourself in need of a criminal attorney in Vero Beach, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Vero Beach criminal defense attorney Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your DUI case.


Criminal Record Sealing — Vero Beach Criminal Lawyer

May 9, 2018

If you have been arrested, your Vero Beach criminal lawyer may have informed you that a criminal arrest record is likely to significantly inhibit many aspects of your life. When you have a criminal record, obtaining employment, your own home, or certain licenses becomes more difficult as a result. Even if your arrest resulted in dropped charges or if adjudication was withheld and you were not convicted, the record of arrest may still create substantial problems for you in the future. However, if you are eligible on the basis of certain guidelines created by the Florida Department of Law Enforcement, a Vero Beach criminal defense attorney can help you seal your criminal record. If the judge presiding over your case can be persuaded to seal your record, your criminal record will be unavailable to the public, letting unfortunate events remain in the past so that you can move on with your life.

If your criminal record was successfully sealed, Florida Statute §943.059(4)(a) states that you have the right to ignore or otherwise fail to acknowledge the sealed arrest record except under a few distinct circumstances. If you are a defendant of any further criminal trials or become a candidate for employment within a criminal justice organization or for admission to the Florida Bar, you must acknowledge the arrest if your criminal history is mentioned. Anyone attempting to buy a firearm from a licensed dealer, manufacturer, or importer and is therein subject to a background check under state and/or federal law is also required to acknowledge the sealed arrest. Even those who seek employment from or access to a seaport in the state of Florida are barred from choosing to ignore their sealed arrest record. There are a few other situations in which you no longer possess the right to ignore a sealed arrest. These include any circumstance in which an individual with a sealed arrest record seeks employment, licensing, or contract work with the Department of Juvenile Justice, Department of Children and Family Services, the Department of Education, the Agency for Persons with Disabilities, the Agency for Health Care Administration, any district school board, any parochial, charter, or private school, or any other position in which you will come into direct contact with the disabled, the elderly, or children.

Benefits of a Sealed Record — Vero Beach Criminal Defense Attorney

Despite a handful of situations in which a sealed record is not directly beneficial, the assistance that a Vero Beach criminal defense attorney can provide will prove to be invaluable to your future. Without a sealed record, any record of arrest will be open to the public, which could prevent you from accomplishing many of the things you want in life. However, with the assistance of an experienced Vero Beach criminal lawyer, you can leave past events behind you so that you can begin to forge a new future. With a sealed record keeping unfortunate events in the past, you possess every opportunity to pursue your dreams without worrying about previous incidents casting a shadow over your efforts.


Vero Beach Criminal Attorney: Representation for Federal Crimes

May 9, 2018

Undoubtedly, being investigated or charged with a federal crime is a very serious matter and should not be taken lightly. Even in the most discouraging circumstances, however, a knowledgeable, aggressive Vero Beach criminal attorney can help you fight every step of the way to ensure the best possible outcome for your case. Criminal cases on the federal level are not always cut and dry. An experienced board certified Vero Beach federal criminal lawyer is what you need to secure a favorable plea deal or perhaps a not guilty verdict in your case.

Since federal cases are typically quite different than cases dealt with in state court, it is vital that you work with an attorney who has experience representing defendants charged with federal crimes. Furthermore, it is in your best interest to work with a Vero Beach criminal attorney with an extensive track record of success. The rules of procedure, rules of evidence, and discovery are very different in federal court than in state court, and your attorney must be able to successfully navigate each critical stage as they come.

An aggressive Vero Beach federal criminal lawyer will help you before and after your arrest. One of the first objectives is to convince the court to let you out on bail during a pre-trial detention hearing. After this, they will be hard at work investigating, researching, filing, and arguing pre-trial motions. If a plea is your best option, your attorney can then help convince the judge that you are worthy of a lenient sentence. Since federal sentencing guidelines are only advisory, your attorney may even be able to able to persuade a judge to sentence you more favorably than even suggested by the guidelines.

If your case ends up going to trial, you certainly want a criminal attorney who is comfortable representing defendants in federal court. Your attorney must be dedicated to your defense, and have the skills and confidence to persuade a jury that you are innocent of the federal crimes charged against you. Working with an experienced lawyer who is familiar with local prosecutors, judges, and law enforcement can be a major advantage for your case to find a successful resolution. Even in the face of seemingly long odds, your case may be winnable.

When you find yourself in need of a Vero Beach criminal lawyer, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the country. Contact Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties