Practice Areas and Legal Definitions

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients.  While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different.  The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18. 

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases.  They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military.   Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply.  Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

If you or someone you know needs the skilled legal representation of an experienced Sarasota, Florida criminal defense lawyer, call Finebloom and Haenel today at 866-653-4232, or complete the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions

The following information includes frequently asked Criminal Law questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel.  By contacting Finebloom and Haenel, P.A. today at 866-653-4232, you can receive a personal consultation regarding your specific legal claim.

Will I be fingerprinted or have to be in a line-up?
You may be required to participate in a lineup, to prepare a sample of your penmanship, or to speak phrases associated with the crime with which you are charged, to put on certain wearing apparel or to give a sample of your hair. You should ask to have your attorney present during any of these procedures. You have an absolute right to counsel, if you are asked to participate in a lineup after you have been formally charged by the prosecuting attorney or indicted by a grand jury.

But the police officer said that if I talked, he would help me out.
This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, and how you will be sentenced, is up to the prosecutor and the presiding judge.

Do I need a criminal defense lawyer?
This is the first and most important question. And the best way to answer this question may be to rely on instinct: if your gut feeling is that you should talk to a criminal defense lawyer, you probably are right – seek advice.

The main reasons prompting the need for a criminal defense lawyer are:

• You have been charged in court with a crime. This may occur following an arrest or through a summons to appear in court and answer a criminal complaint or indictment. All people have an absolute constitutional right to the assistance of a lawyer in a criminal court case.
• You have been arrested. If arrested for a potential criminal charge, a referral for criminal charge(s) may be made to the District Attorney in the county of the alleged law violation, or to the prosecutor for the federal district of the alleged violation. If an in-custody interrogation follows the arrest, the person being questioned has an absolute constitutional right to remain silent and to have a lawyer present during the questioning.
• You are being investigated for a crime. Law enforcement officers and prosecutors often contact people directly to answer questions about their alleged involvement in a crime.

Generally, the sooner a criminal defense lawyer is brought into a criminal case or investigation, the better potential results for the client. Do not take a wait-and-see approach to a criminal situation. Do not seek answers to questions about your rights and legal status from police officers and prosecutors who do not have a legal duty to act in a suspect’s best interest.

What is a plea bargain?
Settling a criminal case is usually called a plea bargain. It means that the prosecution and the defense have come to an agreement to resolve the case. The case can be settled at several points during the process, from before it is charged until right before the jury hands down its verdict. Usually, however, the best bargain can be obtained earlier rather than later in the process. And in many cases, it is a question that should be analyzed immediately so that good opportunities for a plea bargain aren’t given up because of pride or inattention.

Can I answer not guilty even if I am guilty?
There is nothing unethical about pleading not guilty even if you really did it.  Technically speaking, pleading not guilty is merely exercising your right to question the prosecution's evidence. You are innocent until your guilt is proven beyond a reasonable doubt. That's the prosecution's job. You are innocent until you are proven guilty.  Your lawyer may think that the evidence against you is not enough to prove that you are guilty. You may have a better chance if you have a trial and you can only have a trial if you plead not guilty.

What happens at an arraignment?
You have the right to be arraigned without unnecessary delay - usually within two court days - after being arrested. You will appear before a judge who will tell you officially of the charges against you.  At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on personal recognizance, even if bail was previously set.

If you are charged with a misdemeanor you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest the charges. Legally, this is the same as a guilty plea, but it cannot be used against you in a non-criminal case.

Before pleading guilty to some first time offenses, such as drug possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling.

If misdemeanor charges are not dropped, a trial will be held later in the county court of law. If you are charged with a felony, however, and the charges are not dismissed, the next step is a preliminary hearing.

What happens after a conviction?
In most cases, after either a plea of guilty or a finding of guilt after trial, the following options may be available:

• Motion for new trial OR Motion to withdraw the guilty plea
  These two motions must be addressed on a case-by-case basis, but both motions attempt to set aside the conviction.
• Appeal
  Again, the facts of each case must be examined to determine if one can bring an appeal and, if so, whether it would it have merit.
• Modification of sentence
  It is possible in some cases to come back before the sentencing judge and ask for modifications on some of the terms and conditions of probation.
• Expungement
  In some cases, after a person has successfully completed the terms and conditions of probation, it may be possible to appear before the court and have the conviction expunged or removed from your record.

Professional Profiles

The experienced criminal defense attorneys of Finebloom and Haenel, P.A. have dedicated their practice exclusively to representing defendants in criminal cases. Their many years of experience handling Florida criminal cases have enabled the Firm and its members to foster solid relationships with prosecutors and judges throughout the Sarasota and Tampa areas. If you or someone you know needs the skilled legal representation of an experienced criminal defense lawyer, call Finebloom and Haenel today at 866-653-4232, or complete the contact form provided on this site to schedule your free consultation.

 FIRM ADDRESS:
David Haenel
Finebloom and Haenel, P.A.
200 Washington Blvd.
Sarasota, FL 34236
Phone: 866-653-4232
Hours: Seven Days a Week, 9:00AM-6:00PM
After hours appointments available

MEMBERS OF THE FIRM:

David Haenel, Esq.

EDUCATION:

• SUNY Buffalo School of Law, L.L.M., 2000
• Widener Law School, J.D., 1999

COURTS ADMITTED:

• Florida
• New Jersey
• U.S. District Court, Middle District of Florida
  

PROFESSIONAL MEMBERSHIPS:

• Sarasota County Bar Association
• Judge John M. Scheb American Inn of Court
• International Association for Chemical Testing

TRAINING:

• State of Florida's Laser Operator's Course, designed to train law enforcement to effectively operate Laser speed measuring devices

PRESENTATIONS:

• International Association of Chemical Testers: issues involving evidentiary breath testing
• Florida Breath Test Conference, sponsored by the Institute of Police Technology and Management

PRACTICE AREAS:

• Criminal Defense
• DUI Defense
• Traffic Cases
• Domestic Violence
• Juvenile Cases
• Drug Crimes
• Felonies/Misdemeanors
• Sex Crimes
• Expungements
• Bench Warrants
  

Darren Finebloom, Esq.

EDUCATION:

• Cleveland-Marshall College of Law, J.D., cum laude, 2000
• Florida State University, B.S., Criminology, 1996

COURTS ADMITTED:

• Florida
• U.S. District Court, Middle District of Florida
• U.S. District Court, Southern District of Florida
• U.S. District Court, Northern District of Florida
  

PROFESSIONAL MEMBERSHIPS:

• National Association of Criminal Defense Lawyers
• Florida Association of Criminal Defense Lawyers
• Sarasota County Bar Association

EXPERIENCE:

• Public Defender's Office, Twelfth Judicial Circuit
• Law Offices of Michael Moran

PRESENTATIONS:

• Florida Breath Testing Conference for Law Enforcement
• Sarasota County Teen Court Program, Volunteer Judge

PRACTICE AREAS:

• Criminal Defense
• DUI Defense
• Traffic Cases
• Domestic Violence
• Juvenile Cases
• Drug Crimes
• Felonies/Misdemeanors
• Sex Crimes
• Expungements
• Bench Warrants
  

Stephen C. Higgins, Esq.

EDUCATION:

• Rutger's Law School, J.D. 2005
• Rutger's Graduate School of Business, M.B.A. with specialization in law, 2005
• Northeastern University, Boston, B.S., 2000

COURTS ADMITTED:

• Florida
• New Jersey
• Pennsylvania
• U.S. District Court, Middle District of Florida
• U.S. District Court, Southern District of Florida
• U.S. District Court, Northern District of Florida
• U.S. District Court, District of New Jersey
• U.S. Court of Appeals, Third Circuit

PROFESSIONAL MEMBERSHIPS:

• Sarasota County Bar Association
• Hillsborough County Bar Association
• Association of Trial Lawyers of America
• Florida Association of Criminal Defense Lawyers
• National Association of Criminal Defense Lawyers

EXPERIENCE:

• Brown & Connery, LLP, civil attorney practice
• Hon. Freda L. Wolfson, U.S.D.C.J., district of New Jersey, Camden Vicinage, Student Extern

PRACTICE AREAS:

• Criminal Defense
• DUI Defense
• Traffic Cases
• Domestic Violence
• Juvenile Cases
• Drug Crimes
• Felonies/Misdemeanors
• Sex Crimes
• Expungements
• Bench Warrants