Key West Criminal Defense

Penalties for drug offenses vary - from prison time to no conviction at all. The punishment a defendant receives can depend on many factors, including the charge, the drug in question, and the quantity of drugs. A strong defense from an experienced criminal attorney can help you protect your rights and mitigate the severity of drug penalties.

Federal and state laws prohibit “hate crimes” — offenses motivated in part by a victim’s perceived or actual race, color, religion, national origin, sexual orientation, gender identity or disability. When an assault or other offense is designated a hate crime, potential jail terms and other penalties can be significantly increased.

More than half of U.S. states have decriminalized possession of small quantities of marijuana and other cannabis-containing substances. These laws range from legalizing small-amount possession to making it a low-grade misdemeanor with no jail time. However, certain states still impose serious penalties. To be sure, consult a lawyer in your state.

Some forms of dementia can trigger behaviors that society classifies as criminal, and portion of older individuals who commit crimes because a neurodegenerative disorder has warped their sense of acceptable behavior can end up incarcerated. https://bit.ly/3DZYAil

Sometimes, life can take a bad turn. You’ve been arrested, arraigned, and are now set to stand trial. Fortunately, whether you are guilty or not, the U.S. criminal justice system offers you several constitutional protections. https://bit.ly/3dCh0bV

If your car is pulled over by police, you have certain rights and responsibilities. You must produce your driver’s license, registration and proof of insurance and take a sobriety test if requested. However, you are not required to consent to a search of your vehicle. Police may do a search only in limited situations. If a search exceeds legal bounds, your criminal defense attorney can later move to suppress any evidence obtained.

Police are increasingly relying on "surreptitious DNA collection" - grabbing publicly available, private DNA – off abandoned food, soda cans, car doors, even cigarette butts. Because its impossible for people to avoid leaving their DNA behind on abandoned items, the practice has stirred controversy. https://bit.ly/3O9IwPM

Prosecutors in criminal cases have a duty to preserve evidence that is both "material" and "exculpatory." Evidence is material if it is important and relevant to an issue in the defendant's case. And evidence is exculpatory when it supports a defense or tends to clear the defendant of guilt. If such evidence is lost, destroyed or withheld by the prosecution, the defendant can claim a violation of due process rights.

An estimated 60 percent of those leaving prison are unemployed a year later, though efforts to promote 'second-chance hiring' for candidates with criminal records have shown promise. https://bit.ly/3pQMnZZ

A criminal sentence may be modified or reduced in certain circumstances, Most jurisdictions allow a judge to modify sentences at any time in the interests of justice. But the law in most states, as well as federal law, places limits on making sentence modifications for other reasons. A lawyer can explain the possibility of requesting a sentencing reduction or modification in your case.