For the past month or so, I have blogged about a number of different sex crimes including L & L Molestation, L & L Conduct, and Sexual Battery. All of these charges are regularly prosecuted in Fort Walton Beach, Crestview, Niceville, Navarre, and throughout Okaloosa and Santa Rosa County.

This week, I will discuss the most serious sexually related offense in the State of Florida: Capital Sexual Battery.

In the State of Florida, what constitutes a Capital Crime?

A crime that can be punished with a sentence of either life imprisonment with parole, or a death sentence, is classified as a Capital Felony. An adult charged with first-degree murder, for example, may receive a death sentence or a life sentence in prison if convicted. With capital sexual battery, the defendant faces a mandatory life sentence if convicted.

What is the difference between Sexual Battery and Capital Sexual Battery?

Sexual Batteryis defined as, “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”

If the defendant was 18 years old or older, and the victim was 12 years old or younger, then the case could be prosecuted as Capital Sexual Battery.

In other words, it is the age of the alleged victim that could potentially enhance a Sexual Battery charge to a Capital Sexual Battery charge.

If you are convicted of Capital Sexual Battery, you face a mandatory sentence of LIFE in prison. That is a life sentence with no possibility for probation or parole.

I haven’t been arrested yet, but the police want to talk to me?

In sex cases, this is very common. The most important advice I can give you is

DON’T TALK TO THE POLICE!

These cases often come down to a he-said, she-said situation. The police will be looking to trick you into saying something incriminating.

If someone has made an accusation against you, or you think someone is about to accuse you, don’t just sit back and wait! Getting an experienced defense team involved early on could potentially result in keeping any charges from being filed.

How do you defend a Capital Sexual Battery charge?

You can’t really be defensive in these cases. You must take the offensive and be prepared to fight the accusation aggressively.

It is very important to limit the prosecution’s witnesses, their arguments, and their overall theory of the case. It is very important to conduct a full, thorough background investigation into the alleged victim to determine what motives there might be, for example, to make a false accusation.

There usually isn’t a lot of physical evidence in these cases, so we will focus on each individual witness, including the most important one, the alleged victim.

How do I pick the right defense team to represent me?

With stakes this high, you need the very best, most experienced and creative, criminal defense team. The prosecutors assigned to these cases are experienced and specialize in sexually-based offenses, so you need a legal defense team that has the staff and resources to put up a fight.

Do not assume that these cases get dismissed because you know you are innocent and that the alleged victim is lying. You should seek an attorney at the very moment you think you may be in the midst of an investigation.

Do not wait. Police may try to question you and use any statement you say, no matter how irrelevant, and use it to support a certain version of facts in which they presuppose your guilt. Here at the Flaherty Defense Firm, we can advise you of what rights you have and can offer sound guidance during difficult times.

You need someone on your side who will fight back hard.

You need someone on your side who knows how to win these cases.

Choosing the right Defense Team to defend you can make ALL the difference.

If you or a loved one has been accused of Capital Sexual Battery in Fort Walton Beach, Crestview, Niceville, Navarre, or anywhere in Okaloosa County or Santa Rosa County, call Flaherty Defense Firm at (850) 243-6097 for a free confidential consultation. We are available 24 hours a day, 7 days a week.

Over the last few weeks, I’ve blogged about Sexual Battery and Lewd and Lascivious Molestation in Okaloosa County.

This week, I will talk about Lewd and Lascivious (L & L) Conduct.

L & L Conduct involves sexual contact with a person under the age of 16. L & L Conduct is a felony in the State of Florida and if you are convicted, it carries a possible prison sentence under the Florida Sentencing Guidelines.

What does Lewd and Lascivious Conduct mean?

Florida Statute 800.04 defines L & L Conduct as “intentional touching of a person less than 16 years of age in a lewd or lascivious manner, OR soliciting a person under 16 years of age to commit a lewd or lascivious act.”

What is the possible penalty for Lewd and Lascivious Conduct?

It is a 2^nd degree felony, punishable by up to 15 years in prison, if the offender is over the age of 18.

It is a 3^rd degree felony, punishable by up to 5 years in prison, if the offender is under the age of 18.

How is this charge different from Lewd and Lascivious Molestation?

The main difference between L & L Conduct and L & L Molestation is that in order to prosecute someone for L & L Conduct, the State Attorney in Crestview or Fort Walton Beach only has to prove touching in a lewd or lascivious manner. It is NOT necessary that the touching was on the person’s genitals; the touching can occur anywhere on the alleged victim’s body.

If you touch a person’s arm or leg in a lewd or lascivious manner, you can be prosecuted for L & L Conduct.

If you touch a person’s genitals in a lewd or lascivious manner, you can be prosecuted for L & L Molestation.

It sounds like the State Attorney has a lot of discretion?

They do. It is easy for the State Attorney to use such an ambiguous allegation to go after someone.  If you touch someone under the age of 16, and that person claims the touching was done in a lewd or lascivious manner, you could be prosecuted for L & L Conduct.

Does it make a difference if I didn’t know how old the person was?

It doesn’t matter under Florida law. It is a strict liability offense. Even if the person lied about their age, you can still be prosecuted. If the person was under the age of 16, the law places the burden on YOU to know whether it is legal to engage in sexual activity with that person.

Yes, I touched the person but it wasn’t in a sexual way?

This happens a lot unfortunately. It is easy to see how things can spin out of control. Sometimes an adult will touch a child in a perfectly innocent way and it gets misinterpreted. An example would be if a coach or a teacher pats his/her player or student on the rear end, or even on the arm. If someone gets the wrong idea from such a touch, they could decide to make an issue out of it.

What if the child “consented” to the activity?

Consent is NOT a defense in L & L Conduct cases. A child can not legally give their consent to sexual activity. As I said earlier, the law is in place to protect the child and the burden is on YOU to know whether this person is someone you can legally engage in sexual activity with.

What should I do if the police want to talk to me?

It is common in L & L cases for the police to try to interrogate someone before they have been arrested. A lot of the time, it is because the only evidence they have is the “word” of the accuser and they are looking for something (anything) that will “back up” the accuser’s story. All too often, they get that corroborating evidence from the suspect. Even if you are completely, 100% innocent, the police are very skilled at manipulating people and misleading them into saying incriminating things.

It is very, very rare that someone talks themselves out of trouble once an allegation or complaint has been made.

The most important advice I can give you is DON’T TALK TO THE POLICE!

If someone has accused you, or if you think someone is about to accuse you, it is time to take this seriously. It is time to prepare yourself and your family for the devastating impact an allegation like this can have.

It is time to start taking steps to fight back and defend your freedom.

What should I do now?

The Police and the State Attorney’s Office have already decided you are a child molester. They are going to put all their efforts into putting you in prison for a long time.

As you prepare for this fight, you need someone next to you with a proven track record of success in these kinds of cases.  You need someone who will help you fight back.

Your choice of defense counsel to help you through this terrible time is a crucial decision. I invite you to come talk to me about your case. I will help you understand your options and what an effective defense team can do for you. Either way, you will feel more at ease about where you stand after meeting with me.

If you or a loved one has been accused of Lewd and Lascivious Conduct in Fort Walton Beach, Crestview, Navarre, Milton, or anywhere in Okaloosa County or Santa Rosa County, call us today at (850) 243-6097 for a free, confidential consultation.  We are available 24 hours a day, 7 days a week.

In a recent blog post, I talked about the charge of Sexual Battery. In this post, I am going to talk about another sexually related charge, Lewd and Lascivious (L & L) Molestation.

L & L Molestation is a charge that some of us would think of as sexual molestation or fondling. It stems from unlawful sexual touching of a child. In Okaloosa County and throughout the State of Florida, any allegation of L & L Molestation is a felony. Under the Florida Sentencing Guidelines, a conviction carries a mandatory state prison sentence.

That does NOT mean your situation is hopeless however. These cases can be won. Right now, you have been arrested. And I know that is devastating. But at this point, you have NOT been convicted.

My job is to make sure it stays that way.

Need a definition of Lewd and Lascivious Molestation?

Florida Statute 800.04(5) defines L & L Molestation is “intentional touching, in a lewd or lascivious manner, of the breasts, genitals, genital area, or buttocks, or the clothing covering, of a person less than 16 years old.” It can also be committed when someone “forces or entices a person under 16 years of age to so touch the perpetrator.”

Is that different from Sexual Battery?

Sexual Battery stems from a situation where penetration occurred. L & L Molestation involves fondling or touching without penetration.

Does it matter if I didn’t know how old the person was?

Under Florida law, it doesn’t matter. Even if the child lied about his/her age, you can still be prosecuted. The law protects the child and places the burden on YOU to know whether it is legal to have sexual contact with that person.

Does it make any difference if the child “consented” to the activity?

In cases of Sexual Battery involving two adults, consent can be a very effective defense. But consent is NOT a defense in L & L cases. A child can not legally consent to sexual activity. The law is designed to protect the child and the burden is on YOU to know whether this person is someone you can legally have sexual contact with.

Does it matter if no force was used?

No. The use of force is not an element that the prosecutor has to prove in order to convict you of L & L Molestation. The law presumes that any sexual contact with a child is against the child’s will, regardless of whether any actual force was used.

What am I facing if I am convicted?

You face severe penalties if convicted. Under Florida Sentencing Guidelines, any conviction carries a mandatory prison sentence.

If the child was under the age of 12, and the offender was over the age of 18, it is punishable by LIFE in prison.

If the child was over the age of 12 but less than 16, and the offender was over 18, it is punishable by up to 15 years in prison.

If the child was under the age of 12 and the offender was under the age of 18, it is punishable by up to 15 years in prison.

If the child was over the age of 12 but less than 16, and the offender was under 18, it is punishable by up to 5 years in prison.

Something else to think about is that if you are convicted, you will be required to register as a sexual offender or sexual predator. This classification will follow you for the rest of your life.

What should I do if the police want to talk to me?

The most important advice I can give you is DON’T TALK TO THE POLICE!

Even if you are completely 100% innocent, the police are very skilled at tricking people into incriminating themselves.

If someone has accused you, or if you are afraid someone is about to accuse you, don’t sit back and wait. Your best strategy is to take the initiative and fight back.

Your freedom is on the line.

What should I do next?

The Prosecutor’s Office, the Child Abuse Investigators, and the Police have already decided you are a child molestor. They are gathering all of their resources towards one goal: putting you in prison for a very, very long time.

You need someone on your side with a proven track record of sucess in these kind of cases. Someone who has won these cases. Someone who won’t back down. Someone who will help you fight back.

Choosing the right defense attorney to defend you can make ALL the difference.

When you future is at stake, Flaherty Defense Firm can give you the help you need. If you or a family member has been charged with Lewd and Lascivious Molestation or any sexual related offense in Fort Walton Beach, Crestview, Navarre, Milton, or anywhere in Okaloosa County or Santa Rosa County, call us today at (850) 243-6097 for a free and confidential consultation. We are available 24 hours a day, 7 days a week.

Sexual Battery, sometimes referred to as rape, is a devastating charge.  Just the allegation itself begins to ruin your reputation before you even get your day in court.  Any accusation of sexual misconduct is a felony in the State of Florida. Under Florida’s Sentencing Guidelines, just about any sexual offense carries a mandatory prison sentence if you are convicted.

Are there different categories of Sex Offenses in Florida?

This blog post will focus on Sexual Battery.  Other sexual offenses will be discussed in future blog posts. They include charges of:

1. Lewd and Lascivious Molestation
2. Lewd and Lascivious Battery
3. Lewd and Lascivious Conduct
4. Lewd and Lascivious Exhibition
5. Sexual Battery with Multiple Perpetrators
6. Unlawful Sexual Conduct with a Minor
7. Capital Sexual Battery

So, what is Sexual Battery?

Florida Statute 794.011 defines Sexual Battery as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”

What does the State Attorney have to prove for a conviction?

The following elements must be proven:

1.       The victim was at least 12 years old.

2.  a.  The defendant’s sexual organ penetrated or had union with the vagina, anus, or mouth of the victim, OR

b.  The vagina or anus of the victim was penetrated by an object.

3.        The victim did not consent to the act.

What if no force was used?

The law in Florida is clear about this. The accused does NOT have to use any physical force beyond what is necessary for penetration in order to be prosecuted for Sexual Battery.  Another way of stating that is to say that the law does not require that any force was used, other than the force inherent in the accomplishment of the penetration or union.

If I am convicted of Sexual Battery, what am I facing?

Penalties differ based on the acts that are alleged and can also be influenced by sentencing enhancements under Florida Sentencing Guidelines for victim injury, the victim’s mental or physical capacity, use of force, or use of a weapon. In some situations, a conviction for Sexual Battery is punishable by a LIFE sentence in prison.  In other circumstances, the penalty could be a lengthy term in prison followed by probation and mandatory declaration as a sexual offender or sexual predator upon release.

Are there defenses for a Sexual Battery charge?

Yes of course. The possible penalties are harsh, but that is only if you are convicted. At this point, you have only been accused.

It is my job to make sure it stays that way.

I am going to talk about two common defenses to a Sexual Battery charge. Both of these are defenses that I have used in the past to WIN sexual battery cases. Obviously there are other defenses, and not all will be applicable to your case.

Consent

Consent is defined under Florida law as “intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender.”

Consent is a very effective defense in some Sexual Battery cases. It is not a magic bullet, however. It does not apply in every case.

If the evidence shows that the complaining witness consented to the sexual act, it is a defense that could lead to full vindication on all charges.  On the other hand, consent does NOT mean that the complaining witness didn’t say no. If she was not able to say yes or no because she was passed out for example, that is NOT valid consent.

Sometimes a person will engage in a consenual sexual act but then after the fact, feel regret for making a bad decision or using bad judgment. If such a person gave their consent freely, consent could be a valid consent.

False Accusation

“Charges of sexual misconduct have more false accusations than any other charge.”

I included that quote above because it is a direct quote from a ……….police officer!

I had a jury trial in Crestview last summer. My client was charged with Sexual Battery and was facing 30 years in prison.

The jury found him NOT GUILTY after less than 30 minutes of deliberation.

Why? The evidence clearly suggested that the case involved a false accusation.

In any case where there is a possibility of a false accusation, the first question I ask is, “why would the alleged victim lie? Why would they make it up?”

Exploring someone’s motive to lie is critical in these cases. If we can come up with a credible explanation for why someone would make a false accusation, we can raise this defense. Again, there must be a credible explanation. We can’t just make it up out of thin air. If we do, the jury will see right through it, and not believe us.

I haven’t been charged yet but the police want to talk to me.

This is very common in sex cases. The best advice I can give you is:

DON’T TALK TO THE POLICE!

Usually a sex case involves a he-said, she-said situation. The police will be looking to trip you up and trick you into saying something incriminating.

If you suspect that someone is about to accuse you of a sexual offense, don’t assume that it is just going to go away. Don’t assume that the “truth” will come out.

People are convicted and sent to prison every day for these types of cases, and a great many of them were convicted based on their own statements to the police.

What should I do now?

More than just about any other charge, Sexual Battery charges require a very aggressive and proactive response.

The Prosecutor has already made up his/her mind that you are a rapist. They will devote all their efforts into putting you behind bars for as long as they can.

You need someone who will fight back hard.

You need Defense Counsel that has a proven track record of success in these cases.

I am an experienced Felony Sex Crime Attorney. I have successfully defended clients accused of sex charges in Crestview, Fort Walton Beach, and throughout Okaloosa County. If you choose Flaherty Defense Firm to defend you, I can’t promise what the ultimate result will be. I do guarantee however that your case will be handled with the skill and precision that such a charge demands.

I also guarantee that you will be treated with the  compassion and understanding you deserve as you go through this crisis.

When your future is at stake, Flaherty Defense Firm can give you the help you need. If you or a loved one has been accused of Sexual Battery in Fort Walton Beach, Crestview, Niceville, Navarre, or anywhere in Okaloosa County or Santa Rosa County, call us at (850) 243-6097 for a free consultation. We are available 24 hours a day, 7 days a week.

What does it mean to be charged with Felony Battery in Fort Walton Beach or Crestview?

Several types of Battery offenses in Okaloosa County and throughout Florida can qualify as felonies. The State Attorney’s Office has a lot of power to charge a Battery as they see fit, that is–in order to leverage the most serious charge with the most sentencing exposure possible. With the stakes being so high, it is critical to know what you are up against.

 What are the different types of Felony Battery?

Third Degree Felonies (punishable up to 5 years in prison)
Felony Battery (based on a prior Simple Battery)
Felony Battery
Domestic Battery by Strangulation
Battery on an Elderly Person over 65
Battery on a Law Enforcement Officer

Second Degree Felonies (punishable up to 15 years in prison)
Aggravated Battery with Great Bodily Harm
Aggravated Battery with a Deadly Weapon
Aggravated Battery on a Pregnant Person

First Degree Felonies (punishable up to 30 years in prison)
Aggravated Battery on an Elderly Person
Aggravated Battery on a Law Enforcement Officer

The police get to decide what to arrest me for don’t they?

Yes they do. The police have a lot of discretion in what they arrest someone for. Unfortunately, in almost every situation, they err on the side of charging the most serious offense possible. The reason this is common is because the higher the charge, the higher the bond.

A very common example is Domestic Violence Battery by Strangulation. In a case where normally they could arrest for a misdemeanor charge, they arrest on the “up-charge” of a felony, with the assumption that the court system will “figure it out.” We see this happen all the time.

Are these cases prosecuted aggressively?

Yes they are.

The Prosecutor’s office is equipped with all the resources they need to prosecute a case to its fullest extent. They receive money from a variety of government programs and have full-time victim-advocates and investigators, whose sole purpose is to maximize conviction rates.

You have probably heard the term: “the State will pick up the charge.” It is true. It means that even when the alleged victim wants to drop the charges, it doesn’t mean the prosecutor will dismiss the case. In fact, it may even empower a State Attorney to threaten charges against the alleged victim for failing to cooperate with the prosecution of the case. So as you can see, it can become a very complicated process.

What should I do next?

Felony Battery charges are serious and need to be handled with care and expertise. Consider hiring an Okaloosa County criminal defense attorney with a proven track record of success in serious felony cases.

At Flaherty Defense Firm, we regularly defend clients in Felony court in Fort Walton Beach and Crestview and throughout Okaloosa County. We know what it takes to win these kinds of cases.

An experienced Felony defense lawyer on your side can make ALL the difference. Entrust Flaherty Defense Firm with your case, and you can be assured that you will be defended with passion and purpose.

When your future is at stake, Flaherty Defense Firm can give you the help you need. If you or a loved one has been charged with Felony Battery in Fort Walton Beach, Crestview, Niceville, Navarre, or anywhere in Okaloosa County or Santa Rosa County, call us today at (850) 243-6097 for a free consultation. We are available 24 hours a day, 7 days a week.

Do I have to do Field Sobriety Tests if I’m pulled over in Okaloosa County?

You do not have to consent to field sobriety tests if you are pulled over on suspicion of drunk driving in the State of Florida. They are considered voluntary.

I bet the police didn’t tell you that.

Field Sobriety Tests (FSTs) are administered by police officers and are used to judge the level of intoxication of a driver and establish probable cause for arrests.

What are the most common field sobriety tests given?

The standard FSTs in Florida are (1) Walk and Turn, (2) One Leg Stand, (3) Horizontal Gaze Nystagmus (HGN).  These 3 have been recognized as having at least some reliability or usefulness in predicting impairment.

The police in Fort Walton Beach, Crestview, and throughout Okaloosa County will also sometimes give the Finger to Nose test and the Alphabet test.

For the walk and turn test, the suspect is told to take 9 heel to toe steps, turn around in a very specific and confusing way, and then take 9 steps back in the opposite direction.

For the one leg stand test, a suspect is told to stand on one foot while raising the other foot 6 inches off the ground.  The suspect is then instructed to count out loud to 30 while keeping their leg 6 inches off the ground.

For the horizontal gaze nystagmus test, the police officer will ask a suspect to follow a finger or pen with his or her eyes while the object is moving. The officer is looking for an “eye twitch”. There is some highly questionable research that seems to suggest that the “eye twitch” can be caused by alcohol consumption.

Is my case hopeless if I agreed to the tests?

NO!
Field Sobriety Tests are full of problems with how they are conducted, how they are evaluation, and whether they accurately predict impairment. Many studies have shown they are not accurate predictors of impairment.  Also, there is no measureable way to determine whether a suspect has “passed”. It is strictly up to the officer’s discretion in deciding whether someone “passed”.

How often do you think they decide that someone passed?

People are usually nervous when ordered to take FSTs, which can affect their performance.  In addition, conditions beside the road, where the tests are often given, can negatively affect a person’s performance.  Weather conditions, other cars driving past, poor lighting, and even ground surface can all affect a person’s performance on the tests.

As for the HGN test, there are legal avenues to fight the admissibility of the HGN test itself.  Courts have ruled that since the HGN is a scientific test, the officer giving the test must be able to scientifically interpret the results.  In other words, he must understand what the “eye twitch” means and how impairment may cause it.

What should I do now if I did the tests and got charged with DUI?

It’s important to contact an experienced Okaloosa County DUI attorney.  Field Sobriety Tests are often recorded and an experienced DUI attorney can use those recordings to show how unreliable the tests are.  A good DUI attorney will evaluate each client’s case to look for its strengths and weaknesses.

Tim Flaherty and Shawn Lupella are experienced DUI defense attorneys.  We work together as a team. We have successfuly defended clients accused of DUI in Fort Walton Beach, Crestview, and throughout Okaloosa County.

Having the right DUI defense team at your side can make ALL the difference in your case.

If you have been charged with DUI in Fort Walton Beach, Crestview, Niceville, Navarre, or anywhere in Okaloosa County or Santa Rosa County, call Flaherty Defense Firm at (850) 243-6097 for a free consultation.  We are available 24 hours a day, 7 days a week.

We are pleased to announce the launch of our Fort Walton Beach Criminal Defense Blog.

I get a lot of calls from people who have been arrested in Fort Walton Beach, Niceville, Crestview, and throughout Okaloosa County for various crimes, such as DUI, domestic violence, assault or battery, drug crimes, or sex crimes.
Good people who find themselves in a situation they never imagined would happen to them.

They’ve been arrested.

The first question most people ask is “What is going to happen to me?” That question is usually followed up with “What can I do to help myself?”

Well, the answer is quite simple. If you have been arrested in Okaloosa County, that means the police already think you are guilty. And it won’t be long before the State Attorney’s Office starts dedicating its resources to convicting you.

Your best strategy to fight back and protect yourself is to hire a smart, tough, and experienced Fort Walton Beach-Okaloosa County criminal defense attorney. An attorney who focuses only on defending people who have been accused of a crime.

So how do you go about finding the right attorney?

Your best bet is to sit down face to face with several attorneys and see who you feel comfortable with. Or, talk with them over the phone. At a minimum, an attorney should be willing to talk with you for free for at least 30 minutes. A lot of my free consultations last an hour or more. The point is, I take as long as I need to in order to try and make my clients feel comfortable.

An attorney should never use a high-pressure sales pitch and should never resort to scare tactics. When I meet with potential clients, I take the attitude that you are already stressed enough as it is! You don’t need someone adding to it. My goal is to make the process more understandable and less scary so that you can feel empowered to make good decisions. When a client tells me that they feel much better about their situation as they are leaving, then I know I have done a good job for that client.

In future posts, I will go into more detail about the criminal court process.

If you or a family member has been arrested in Fort Walton Beach, Crestview, Niceville, Navarre, Milton, or anywhere in Okaloosa County or Santa Rosa County, contact Flaherty Defense Firm 24/7 at (850) 243-6097. We can help you get your life back on track.

If you were arrested for a misdemeanor crime in Okaloosa or Santa Rosa County, I want to offer you some guidance about the “nuts and bolts” of what comes next.

First, let’s define what a misdemeanor is.

In Florida, a misdemeanor is any crime that is punishable by up to 1 year in jail and/or a $1000.00 fine.
You can also receive up to 1 year of supervised, reporting probation.
Other common sanctions for a misdemeanor include community service, remedial classes like DUI School, Chemical Awareness Course, Anti-Theft Course, etc., depending on the offense in question.

Once you’ve been arrested, you will either have to see a Judge at a hearing called First Appearance, or you will be issued a Notice To Appear. Either way, you will be given notice of a first court appearance called arraignment. It is also known as Plea Day.

If you don’t have your own attorney, or you have the public defender, you must personally attend this first court appearance. If you hire a Criminal Defense Attorney before your court date, you will NOT have to personally appear.

At the first court appearance, a not guilty plea will be entered on your behalf. This does NOT mean you will be forced to go to trial. All it means is that you will be given a chance to talk to an attorney, and see what kind of evidence the State has against you before making any final decisions about your case.

After the plea day, your case will be scheduled for a pretrial conference. Normally, unless you are excused by the Court or you live out of town, you will have to attend this court hearing with your attorney.

After the pretrial conference, if the case isn’t resolved or dismissed, your case will be scheduled for one more hearing before trial called Jury Review. This hearing is the last opportunity to resolve your case before it is put on the docket for trial.

Before making any decisions about whether to accept any plea offer, I strongly advise you to consult with an experienced Okaloosa and Santa Rosa County Criminal Defense Attorney.

If you or a family member has been arrested for a misdemeanor in Fort Walton Beach, Crestview, Niceville, Navarre, or anywhere in Okaloosa County or Santa Rosa County, contact Flaherty Defense Firm today at (850) 243-6097. We can help you get your life back on track.

Domestic Violence can affect your future.

All too often I am asked whether or not someone arrested for domestic violence needs an attorney to represent them. After all it is just a misdemeanor, right? It’s not like you are charged with a felony and lose your rights. WRONG. Domestic violence is one of those key charges that can follow you everywhere you go.

Job seeking within the education department, medical field, law enforcement, childcare, etc is almost nonexistent. A conviction for domestic violence can take away simple pleasures with your children such as applying to be a school volunteer or chaperon.

• Domestic violence can hinder your ability to gain or maintain employment.

A domestic violence conviction is critical if you are a service member in the military. A conviction for domestic violence for a military member means your loss to brandish a weapon. Your right to carry a firearm is gone and so goes your opportunity and ability to be deployable for the U.S. Military. For some soldiers this could mean career suicide. For others it can be loss of rank, loss of station and loss of opportunity.

Domestic violence arrests happen more often than necessary. If you have a domestic dispute and law enforcement is called, you can guarantee someone is going to jail. More often than not an arrest is unwarranted and needless. Officers will make the arrest to avoid being the statistical occurrence where someone was seriously injured. That being said, an arrest WILL happen. What you do immediately following the arrest can greatly affect the outcome of your case.

Witnesses, injuries or lack thereof are crucial in a domestic violence case. Gathering as much information as possible and contacting a criminal defense attorney as soon as possible can mean the world to the arrestee and the difference in the outcome of the case.

Flaherty Defense Firm has successfully defended hundreds of Domestic Violence cases in Okaloosa County and  Santa Rosa County. Click here to see some of the results we have gotten for our clients charged with Domestic Violence. Our quality service is matched only by our drive to win your case. If you or a loved one has been arrested for domestic violence, contact our office today for a free consultation. We are available 24/7 to answer your questions and assist you in putting the pieces back together.

Life can be difficult enough. Don’t let a life altering charge follow you…

If you or a family member has been arrested for Battery-Domestic Violence in Fort Walton Beach, Crestview, Niceville, Navarre, Milton, or anywhere in Okaloosa County or Santa Rosa County, contact me 24/7 at(850) 243-6097. We will help you get your life back on track.