Administrative Law
What is Administrative Law?
The law governing the organization and operation of administrative agencies such as Florida Department of Health (DOH) or the Drug Enforcement Agency (DEA) and the relations of administrative agencies with the legislature, the executive, the judiciary, and the public
What is an Administrative Hearing?
An administrative hearing is a legal proceeding before an administrative law judge (ALJ) designed to adjudicate a state or local governmental agency claim. Each party to an administrative hearing has a right to present and question witnesses, and submit or challenge documents regarding the decision. The result of the proceeding is a decision to affirm, modify, or set aside the original agency decision.
Can I Settle My Case Without a Hearing?
Cases often settle without going to hearing. Your lawyer can contact the agency representative to see if your case can be worked out. It is appropriate for the parties to discuss settlement, and the parties may agree to resolve a case by settlement at any time. Some professional boards, however, must approve the settlement conditions before the settlement can be accepted by the ALJ.
What Are My Rights if administrative proceedings have been initiated against me? You have the following rights in connection with your hearing:
(1) To present evidence on any relevant issue;
(2) To be represented by counsel at your expense;
(3) To subpoena witnesses and documentary evidence; and
(4) Such other rights as are conferred by law and/or rule.
When And Where Will The Hearing Be Conducted?
You or your lawyer will receive a written notice stating the date, time and place of your hearing. The hearings will usually be held at a JAL office or an agency. Some hearings are held by telephone.
What If I Don't Attend or Fail to Participate In The Proceedings?
If a party fails to attend a hearing or respond in a way prescribed by the applicable statute or rule after having been given written notice, the ALJ may proceed with the hearing in the absence of the party. In some cases, if you fail to appear or properly respond, you have waived your right to the hearing and a default will be entered against you.
When Will the ALJ Decide The Case?
After the parties have presented the evidence to the judge, the hearing record is closed. The judge will issue a written decision based on the evidence introduced and the laws and regulations which apply to the case. In most cases, the decision will be issued within 30 days after the hearing is completed. In some cases, the judge may issue a decision immediately following your hearing.
Do I have the Right to Appeal the Decision?
A party who is dissatisfied with the ALJ's decision ordinarily has a right to appeal. Typically, the appeal is a judicial review of the record by the District Courts of Appeal. Such appeals are govern by the Florida Rules of Appellate Procedure.
Do I Need a Lawyer?
The state or local governmental agency that brought proceeding against you will be represented by experienced attorneys. You will want a competent attorney to represent you at the Administrative Law Hearing so that your interests are protected.
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Criminal Law
What happens after someone is arrested?
The police officers involved write reports about the crime, obtain witness statements, run a background check of the suspect, and do further investigation as needed before submitting their work to the prosecuting authority. A prosecutor reviews the documents to determine whether criminal charges - a misdemeanor or a felony - are warranted. The prosecutor has the option of rejecting the case for criminal prosecution, filing a misdemeanor, or filing a felony charge. If charges are filed, the next step in the criminal process is in court, at an arraignment.
How does someone get bailed out? Do I get the bail money returned when the case is over?
Bond is financial assurance that a defendant will return to court after being released from custody. There are two ways to post bond. First, "cash" bond may be posted with the custodial agency to cover the entire amount of the bond. At the end of the case, if bond is discharged, the defendant will receive a check for the entire amount posted (may take 2-10 weeks). Second, a "bond" through a bond company may be posted. A defendant may be required to pay a “bond premium”, usually 10% of the entire amount to a bond company, which puts up the entire bond amount. If bond is discharged, the 10% is not returned to the defendant because this is the fee paid to the bond company to post bond on his/her behalf.
Do I need a criminal defense lawyer if I have been charged with a crime?
“If you are guilty you need a lawyer and if you are innocent, you better have one.”
Anthony Caravella, spent 26 years behind bars before being exonerated of a Broward County, Florida 1983 rape and murder conviction in March 2010.
Wilton Dedge was convicted in 1982, in Brevard County, Florida, of sexual battery, aggravated battery, and burglary. He was sentenced to two concurrent life sentences. In 2004, eight years after he requested postconviction DNA testing, Dedge was exonerated and released from Florida prison.
There are many, many others
The person that called the police does not want to prosecute, does that mean that no charges will be filed and that I will be released from custody?
Not necessarily. There are many reasons why the alleged victim or reporting party may have a change of heart. It may be that the report of crime (domestic violence, theft, or other crime) may have been false or inaccurate. It may also be that the person is scared to proceed with a prosecution. The police and the prosecutor's office are aware of all the reasons, and do not just "drop charges" especially in domestic violence cases.
What is an arraignment?
Arraignment is the initial court proceeding where a defendant is advised of his charges, and usually enters a "Not Guilty" plea. If a defendant is out on bail, he/she stays out of custody unless the prosecutor demonstrates to the court that the defendant is a risk of flight or non-appearance or if a defendant is alleged to have committed another offense while being out on bond.
What is a misdemeanor?
A misdemeanor is a criminal offense punishable by up to one year in a county jail. Misdemeanor offenses are less severe than felonies. Examples of misdemeanors include cases of first and second offense DUI without death or serious bodily injury, leaving the scene of an accident, simple battery and disorderly conduct.
What is a felony?
A felony is a criminal offense that is punishable by more than one year in Florida State prison. Felonies are serious criminal offenses and are considered much more severe than misdemeanors. The prosecuting office typically seeks substantial custody time. Examples of felonies include Murder, Sexual Battery, Aggravated Assault, third offense DUI, Lewd and Lascivious Molestation, Arson, Embezzlement. Many other offenses are considered felony offenses.
If I was arrested for a felony, does that mean I will face felony charges in court?
A prosecutor makes an independent decision on what charges to file, irrespective of what the arrest was for. The police may tell you that you are going to be charged with a certain level of offense. However, the exclusive right to charge a crime belongs to the prosecutor who may follow the officer's recommendation or deviate from the recommendation based on the facts and circumstances of the offense.
What if I feel that the police violated my constitutional rights?
At times, police misconduct occurs in searches that take place during ordinary traffic stops or in a suspect's home without a reasonable suspicious or a probable cause. Additionally, if law enforcement is too aggressive in trying to obtain an incriminating statement from a suspect, it may violate the suspect's Miranda rights. Litigation in the criminal court allows a defense lawyer to protect his client's rights by filing a motion to suppress with the court seeking to exclude the illegally obtained physical evidence or statements from trial. Often a successful motion to suppress evidence cripples the prosecutor's case, causing the case to either be dismissed or the sentence substantially reduced in plea negotiations.
If the defendant is not a U.S. citizen, how will the immigration status be affected by an arrest?
Criminal convictions may cause direct and grave consequences to someone's immigration status, often leading to deportation proceedings.
Simply stated, "no way, no how, not now, not ever..."
No, a lawyer cannot ethically guarantee a result.
No attorney can ethically guarantee a result. The guarantee of a result implies that your fee is refundable if your lawyer is unsuccessful. Such a fee would then be contingent on the outcome of the case. The ethical rules governing the behavior of lawyers forbid a lawyer from entering into an arrangement for a contingent fee in a criminal case.
If a lawyer guarantees a result, ask them to put it in writing. If they will not reduce it to writing, they lied to you.
You need an attorney that will be straight with you, one who will give you the bad news as well as the good. You need a lawyer who will fight for you and keep you informed of the law and the likely outcome of your case. Your lawyer works for you.