Treasure Coast Criminal Defense Attorney
Brian H. Mallonee
Board Certified Criminal Defense Trial Lawyer
The criminal process is complicated. There are many steps involved and your actions at each step can have a fundamental impact on the outcome of your case. In order to make sure that your rights are protected, it is important that you are represented by a qualified defense attorney.
As an experienced Treasure Coast Criminal Defense attorney, I have extensive experience in all phases of the criminal justice system, including pre-arrest and post-arrest investigations, negotiating charging decisions with the prosecutor's office, creative motion practice, plea bargaining, bench trials and jury trials.
My practice encompasses every aspect of criminal defense and is devoted to the defense of people accused of any crime, including but not limited to:
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Sex Crimes:
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Drug and Narcotic offenses:
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Serious Felonies:
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Criminal Traffic Offenses:
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All Criminal Proceedings:
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Juvenile Criminal Charges |
The Law Office of Brian H. Mallonee is located in St. Lucie County, Florida, which includes the cities of Ft. Pierce and Port St. Lucie. The firm also defends people in the nearby counties of Martin, Indian River, and Okeechobee.
If you or someone you know needs the legal counsel of an experienced Treasure Coast Criminal Defense attorney, call Brian Mallonee today at 866-607-5129, or use the contact form provided on this site to schedule your initial consultation.
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.
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.
Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.
One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.
Burglary and Robbery:
Burglary is defined as the unlawful entering of a building with intent to commit a felony or to steal valuable property. Robbery is also a specific intent crime, requiring both theft and a form of violence or threat of violence used to deprive someone of their property. A common example of a robbery is a convenience store holdup, wherein a robber threatens to shoot a cashier unless the cashier hands over money.
Forgery is defined as a false signature, written document or material alteration made with intent to defraud. Documents that can be the object of forgery include contracts, identification cards, and legal certificates.
Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.
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.
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.
Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).
Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.
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.
White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.
Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly. Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.
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.
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.
Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.
A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.
Professional Profile
Brian H. Mallonee attended the University of Florida and graduated with a bachelor's degree in criminology, the scientific study of crime. While an undergraduate, Mr. Mallonee interned at the Department of Justice in Washington D.C. He also worked as a licensed Intern Private Investigator, regularly conducting criminal investigations. He went off to study the law at Southern Methodist University in Dallas, Texas.
After law school Mr. Mallonee returned to his hometown of Fort Pierce, Florida and started his legal career with the Public Defender's Office in the 19th Judicial Circuit, working there for over 3 years. During that time he defended thousands of criminal cases. He now vigorously defends people accused of crimes while working in private practice, and handles all kinds of cases ranging from DUI's to serious felonies. He is licensed to practice in State and Federal Courts.
Mr. Mallonee is a member of the Florida Bar Association, the St Lucie County Bar Association, the National Organization for the Reform of Marijuana Laws, the National Association of Criminal Defense Lawyers, and the Florida Association of Criminal Defense Lawyers.
If you are looking for a criminal lawyer who:
- you can talk to
- promptly returns your phone calls
- knows the law
- knows how the system works, and
- gets results
- Then you have found him.
If you or someone you know needs the legal counsel of an experienced Treasure Coast Criminal Defense attorney, call Brian Mallonee today at 866-607-5129, or use the contact form provided on this site to schedule your initial consultation.
WHY DO YOU NEED A BOARD CERTIFIED CRIMINAL TRIAL LAWYER?
Maybe you have never needed the services of an attorney before; but now you do. Obviously, you want an attorney who can handle your particular legal situation, and who has experience and expertise in the area of law relating to your legal needs.
To assist you in finding such a lawyer, the Supreme Court of Florida directed The Florida Bar to offer a "Board Certification" program for Florida Bar members. The program is designed to help the public make an informed decision when seeking and selecting a lawyer.
While all lawyers are allowed to advertise, only certified attorneys are allowed to identify themselves as "Florida Bar Board Certified" or as a "specialist." Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida.
A lawyer who is a member in good standing of The Florida Bar and who meets the standards prescribed by the state's Supreme Court, may become a "Board Certified Criminal Trial Lawyer" or "Board Certified Criminal Appellate Lawyer." Certified lawyers in criminal trial law are involved in investigation, evaluation, pleading, discovery, taking of testimony, presentation of evidence, and argument of jury and nonjury cases.
Every lawyer certified in criminal trial law has practiced law on a full-time basis for at least five years. To become certified the lawyer must have handled 25 criminal cases with at least 20 jury trials, tried to verdict, at least 15 of which involved a felony. Ten trials must have been tried with the lawyer as lead counsel. Each certified lawyer has had substantial involvement -- 30 percent or more -- in the practice of criminal trial law during the three years preceding application.
Each certified lawyer must also have passed peer review, has completed 45 hours of continuing legal education within three years preceding application and has passed a written examination demonstrating knowledge, skills and proficiency in the field of criminal trial law to justify the representation of special competence. Board certification is valid for five years, during which time the attorney must continue to practice law and attend Florida Bar-approved continuing legal education courses. To be recertified, requirements similar to those for initial certification must be met. Not all qualified lawyers are certified, but those who are board certified have taken the extra step to have their competence and experience recognized.
Criminal Law (Trial and Appellate) Certification was approved by the Supreme Court of Florida in 1987. The Florida Bar Board of Legal Specialization and Education operates under the authority of the Supreme Court of Florida. The certification program and any supporting materials or activities are not funded by the general revenues of The Florida Bar.
For more information about board certification, you may contact:
The Florida Bar
Legal Specialization & Education Department
651 E. Jefferson Street
Tallahassee, Florida 32399-2300
800/342-8060
850/561-5842
If you or someone you know needs the legal counsel of an experienced Treasure Coast Criminal Defense attorney, call Brian Mallonee today at 866-607-5129, or use the contact form provided on this site to schedule your initial consultation.
- Accused Vero Beach attorneys disbarred (WPTV West Palm Beach)
Both have been charged with stealing the money of clients
Additional Questions or need further information?