Fort Lauderdale Criminal Defense Lawyer

DUI

Driving Under the Influence charges are costly not only to your bank account, but also to your reputation, insurance rates, and driving privileges. If you are convicted of a DUI, there are mandatory minimum penalties you must face, such as 6 months probation, 6 months driver license suspension, fines, court costs, etc. This is why choosing the right attorney matters. A very important and useful tool that not many criminal defense attorneys in the Florida or Fort Lauderdale areas utilize in DUI cases is the filing of a motion to suppress. This is a motion claiming the stopping of your vehicle was unconstitutional, as many law enforcement officers will stop a vehicle claiming they ran a red light, or blew through a stop sign, when in fact the driver did no such thing. With my experience I have ways of showing the driver did not violate the traffic laws, and therefore have been successful in arguing to the court that the stop was unconstitutional. Once the court agrees with me, all of the evidence of DUI, like the roadside exercises and breathalyzer results, are suppressed (thrown out), and cannot be used to prosecute you. This often leads to the government dismissing all charges.

Domestic Violence

As a former domestic violence prosecutor, I know firsthand that many arrests for domestic violence start with one person calling the police to simply get the other person to stop arguing. Unbeknownst to the caller, most police departments have policies that require them to arrest someone when they respond to a domestic violence call. So despite the caller just wanting help to calm that person down, someone needs to be arrested, and the government then looks to charge him or her. That’s where I step in. Over the years I have helped the prosecutor to understand the true intention of the caller and that there was no crime committed, causing the charges to be dismissed or simply not filed whatsoever. One tool that can be useful is having the alleged victim sign a waiver of prosecution, which is an affidavit showing what really happened and further proving that the prosecutor will not be helped by the alleged victim on the stand. This is powerful as most domestic violation allegations happen behind closed doors without other witnesses, so the prosecutor needs the alleged victim’s cooperation to prove the case before a jury. If the alleged victim does not want to help prosecute the Defendant, then often times the government cannot prove the crime charged and must dismiss the case.

Drug Offenses

Drug offenses are unique in Florida as they can bring about mandatory prison sentences if convicted, and can affect your driver license privileges for years after the case is over. Even possessing a tiny amount of dust in a cocaine baggie will bring about 3rd degree Possession of Cocaine charges which carry a maximum of 5 years in prison. Whether the charge is simple Possession of Cannabis or Trafficking in Heroin, the case will first depend on how the substance was possessed. There are 2 ways to be charged with possessing a drug, either directly or constructively. Directly possessing something means it’s in your hands or pocket. Constructively possessing something means it’s in your immediate surrounding area, you know its there, and you have control over it. Regardless of where its found, I will always look to challenge how the officer stopped you, as there may be a motion to suppress stating you were stopped unconstitutionally, meaning the drugs should be thrown out of court. If the substance was found near you so you are charged with constructive possession, then I hold the government’s feet to the fire and force them to prove that you knew where it was, and that you had exclusive control over it. If the government cannot prove both elements, then I will get your case dismissed.

Weapons and Firearms Offenses

When charged with a crime while possessing a weapon or firearm, your charges will be elevated to a higher degree and potentially carry mandatory minimum sentences if convicted. Even arming yourself during the alleged activity will bring the charge from, for example, a 3rd degree burglary of a vehicle (called a conveyance in the law), to a 1st degree, punishable by life Armed Burglary charge. Should the weapon be a firearm, then the 10-20-Life statute kicks in and can bring about mandatory prison sentences if convicted. Because of these potentially hefty penalties, the hiring of the right attorney is paramount and may mean the difference between sleeping in your own bed or sharing a prison cell with someone for the rest of your life. When defending such charges, there are many avenues of defense I will examine, including whether you were in actual possession of the weapon or firearm versus simply having it near you; whether the firearm was loaded or not; and whether you were the main actor or simply someone used by others to facilitate the crime. As well, like other charges, I will examine how the officers obtained the evidence, and if they collected the weapon or firearm in an unconstitutional manner, then I file a motion seeking to suppress the evidence and force the government to drop or severely reduce the charges.

Homicide

Homicide charges of course carry potential life sentences if not death, and convicted of a life felony in Florida means just that, you will spend the rest of your life in prison as “life is life is life” in this state. In other words, when convicted of a life felony, you cannot be released, ever, baring a successful appeal or post-conviction motion. There are many different types of homicide charges, such as premeditated, felony murder, or death resulting from another specific crime. Regardless, you need me to properly navigate the many details and specifics of such a charge. There are often motions I can file to keep confessions or certain evidence out of court based on unconstitutional actions by the officers in obtaining such evidence. Many times the suspect’s Miranda rights were not ready properly, or in time, prior to questioning, which would lead me to filing a motion to suppress the confession. If the officers did not have probable cause or obtain a warrant properly before collecting evidence from a suspect’s home or vehicle then a motion to suppress can be filed arguing just that, and forcing the court to throw out such ill-gotten evidence. When this occurs, it can severely dampen the government’s ability to prove the murder charge, causing the case to be dismissed.

Consult an Experienced Criminal Attorney in Fort Lauderdale or Broward County

When faced with any allegations or investigations, you need an honest, experienced, knowledgeable Fort Lauderdale criminal defense lawyer like myself, Mark Lowry. While the rules do not allow me to guarantee results, what I can promise is that I will be upfront, honest, and do my absolute best to either get your charges dismissed, or otherwise attain the best possible result for you. Call or contact me today for a free, no cost consultation to see how I can help you get through this difficult time in your life with the best possible result. I offer payment plans and serve all areas of south Florida and beyond in both state and federal court, so rest assured that calling me will bring experience and results to your matter today. I look forward to speaking with you and am confident after speaking, you will feel more at ease with your case.