Orlando Criminal Defense Attorney
Orlando Florida Criminal Defense Lawyer
- Drug and Narcotics Offenses - Possession, Sales and Delivery, Purchase and Drug Trafficking, Trafficking in Cocaine, Trafficking in Marijuana, Drug Paraphernalia, Money Laundering.
- Theft - Grand Theft, Petit Theft, Shoplifting, Dealing in Stolen Property, Retail Theft
- Robbery - Armed Robbery, Robbery with a Firearm or a Weapon, Strongarm Robbery, Burglary, Weapons Offenses
- Sex Crimes - Child Abuse, Child Pornography, Prostitution, Rape, Sexual Battery, Sexual Assault, Lewd Act, Solicitation, Indecent Exposure, Stalking
- Murder -Homicide, Vehicular Homicide
- Other Felonies Vehicular Manslaughter, Manslaughter, Kidnapping
- Domestic Violence - Battery, Aggravated Battery, Kidnapping, Child Abuse, Stalking & Aggravated Stalking
- White Collar Crimes - Counterfeiting, Embezzlement, Business Fraud, Perjury
- Traffic Offenses - Fleeing and Attempting to Elude a police officer, Careless Driving, Reckless Driving, Resisting Arrest, Road Rage Charges.
If you or someone you care about on the central Atlantic coast of Florida needs the assistance of an experienced Florida Criminal Defense Attorney, contact the Chartered Offices of Troum & Wallsh toll free at 866-608-1576 or via email using the contact form on this page to set up a consultation with a skilled Florida Criminal Defender today!
As an Orlando, Florida criminal defense attorney, Mr. Wallsh represents clients from around the world who have been charged with offenses ranging from minor violations to serious felonies. He is a Florida Bar Board Certified Criminal Trial Specialist who has over 25 years experience in the Criminal Courts of the State of Florida and is a former Chief Felony Trial Prosecutor in the Orange/Osceola State Attorney's Office. Mr. Wallsh and his firm, The Chartered Law Offices of Troum & Wallsh are AV Rated (highest rating) by Martindale-Hubbell and the firm has earned recognition in the Bar Registry of Preeminent Lawyers.
Professional Organizations: (current or former)
- Florida Association of Criminal Defense Attorneys
- National Association of Criminal Defense Lawyers
- Charter Barrister, First Central Florida Inn of Court
- Central Florida Association of Criminal Defense Attorneys
- Central Florida Criminal Justice Committee, Criminal Law Section: Florida Bar Member Florida Rules Of Criminal Procedure Committee of Florida Supreme Court
- ABA, National District Attorneys Association
Academic History:
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1980 |
J.D. with Honors, University of Florida, Gainesville, FL |
|
1977 |
BA Magna Cum Laude with Honors, Lafayette College, Easton, PA |
A. A misdemeaner offense is a crime punishable by no more than one year in a local county jail or one year probation or a $1,000.00 fine. Misdemeanor offenses are handled by the county court and are usually considered less serious crimes than felony offenses.
Some examples of common misdemeanors are disorderly conduct, disorderly intoxication, battery, prostitution and petty theft.
While being convicted of a misdemeanor will not result in the loss of any of your civil rights, there is the possibility of jail. First offenders only occasionally go to jail for the commission of a misdemeanor. However, it is very common that first offenders will be formally adjudicated or convicted of the crime.
Many people who are facing misdemeanor offenses are the type of people who rarely get in trouble and for whom the thought of being arrested and having a criminal record is both embarrassing and disturbing. It is sometimes possible to have your arrest record wiped clean at a later date through either the sealing or expunging of your record. However, you must qualify for this later action and the manner in which your case is handled may affect your eligibility for future erasure of your record. You may wish to review the section on this page relating to sealing of your record or expunging of your record
While you may feel that going before a County Judge on a misdemeanor will only result in a small fine or a slap on your wrist, you do need to keep in mind that a criminal record is a criminal record and there is a possibility that your life will be impacted by probation, community service or even jail time. As such, it is a wise move to discuss the matter with an experienced attorney.
Q. What is a Felony?
A. A felony crime is one which is punishable by the possibility of imprisonment greater than one year or is punishable by death. Of course, the death penalty is reserved for only certain murder cases and so for most people a felony crime is one where the possibility of imprisonment in the Department of Corrections exists.
Some examples of common felonies are grand theft, burglary, robbery, kidnapping and drug offenses. If you are convicted of a felony, you lose many of your civil rights. You will not be eligible to vote and you will not be eligible to run for public office. There are many jobs that require licensing by the State of Florida and you may not be eligible for those licenses if you are a convicted felon. Even some jobs that do not require a license require certain bonding or insurance coverage before you can obtain the job. Some insurance companies may refuse to bond convicted felons and therefore, even though you are not barred by law from certain jobs, you may find it difficult or impossible to obtain the job because of insurance or other requirements.
Felony cases are the most complicated and serious under our law. It is extremely difficult for an untrained, inexperienced person to represent themselves in felony court. The government saves its most experienced and best prosecutors to handle felony cases and, if you act as your own lawyer, you will be going against these prosecutors in court.
Q. What is Record Expungement?
A. In the State of Florida, if you are arrested, the law allows you under limited circumstances to have your record expunged. You may be entitled to have your record only sealed and therefore it is suggested you review to the section on sealing your record as well.
When your record in expunged it is literally erased. When it is sealed it is sealed and kept from public view. It is harder to get your record expunged than it is to be sealed and many people are not eligible to have their record expunged. Therefore, it is recommended that you discuss with an attorney whether you are eligible.
If you have ever had a record sealed or expunged in the past you are no longer eligible because you are only allowed under existing law to seal or expunge your record one time. If you have ever been convicted of a criminal offense or, if you have been convicted or adjudicated of the offense in question, you are not eligible.
You must petition the appropriate court to expunge your record. The judge has the authority or discretion to either grant or deny your request.
By expunging your record you may save substantial embarrassment in the future and it may even help you get a job. it is also possible in certain circumstances to truthfully deny that you were ever arrested even though the arrest did take place. But the right to deny the arrest is limited to certain situations and so it is always helpful to review those with an attorney prior to denying your arrest.
Q. Can my criminal arrest record be sealed?
A. Under Florida law, an individual arrested in the State of Florida may be eligible to have their criminal arrest record sealed. You should also be advised that in certain situations the record can be directly expunged. Expunging a record involves the erasure of the records while sealing a record results in the records being sealed and out of view for a period of time. Please review the section on expunging your record to see if you're eligible for that procedure.
If however, you are not eligible for expungement directly, or, if you prefer to have your record only sealed, it will be necessary that you determine if you are qualified. You are only entitled to have your record sealed or expunged once in your lifetime. Therefore, under existing law, if you have ever had a sealed or expunged record in the past you are no longer eligible. Likewise, you must not have been convicted or adjudicated of the offense you are seeking to have sealed. Because the qualifications for sealing your record are quite complicated, it is very helpful to discuss the matter with an attorney first.
Having your record sealed may result in saving a substantial amount of embarrassment and possibly help you obtain a job. Also, under certain situations, you can truthfully deny the existence of your arrest even though the arrest did take place. Please keep in mind however, there are exceptions to your right to deny the existence of your arrest and you do not want to get in trouble by denying the arrest in a situation where the law does not provide for such relief.
Q. What is a Criminal Appeal?
A. Among the constitutional rights we all enjoy is the right to an appeal. An appeal is a review by a higher court to make sure that the judge handling your case did his or her job properly. If the Appellate Court believes that a mistake was made, the Appellate Court has the authority to correct the mistake by ordering a new trial or dismissal of the charges, or by taking whatever steps are necessary to ensure fair treatment in the trial court.
If your case is being heard in the County Court, the appeal will be to a Circuit Judge or panel of Circuit Judges in your community. If your case was originally heard in the Circuit Court, an appeal will be to a panel of three judges at the District Court of Appeals.
If you cannot afford to pay for the cost of the appeal, and you otherwise qualify under Florida law, the judge can order the government to pay the costs associated with the preparation of the appeal, including the appellate filing fee. If you wish to have an attorney represent you on the appeal, and you cannot afford an attorney and otherwise qualify under Florida law, you can have an appellate public defender appointed to repres
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Additional Questions or need further information?
Richard WallshChartered Law Offices of Troum & Wallsh
2699 Lee Road, Suite 505
Winter Park, FL 32789
Telephone: 866-608-1576
Fax: 407-644-5511