Practice Areas and Legal Definitions

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.

Assault and Battery:
Assault and battery is the combination of two crimes: assault (the threat of violence) and battery (actual physical violence). The main distinction between the two offenses is the existence or nonexistence of touching and/or contact. While contact is an essential element of battery, there must be an absence of contact for assault. If the victim has been actually touched by the person committing the crime, then battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be assault.

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.

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.

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.

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.

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.

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.

If you or someone you know needs the assistance of an experienced Tampa, Florida Criminal Defense lawyer, call Cohen & DePaul, P. A. at Law today at 866-435-5832, or complete the contact form provided on this site to schedule a free consultation.

If you or someone you know needs the assistance of an experienced Tampa, Florida Criminal Defense lawyer, call Cohen & DePaul, P.A. today at 866-435-5832, or complete the contact form provided on this site to schedule a free consultation.

ADDRESS OF THE FIRM:
Cohen & DePaul, Attorneys at Law
4951 Adamo Drive, Suite 220
Tampa, FL 33605
Phone: 866-435-5822
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

• Jeanine Cohen Esq.

Jeanine Cohen graduated from the University of South Florida with a B.A. from the College of Arts and Sciences. She graduated with honors in her major, anthropology, and her minor, political science. Jeanine graduated from Stetson University College of Law with honors in 1997. Due to her dedication to the Stetson Community and the community as a whole, upon graduation, she received many awards including: the Dean's Award; the Ralph Steinhardt Award; the William F. Blews Pro Bono Award; and was selected for Who's Who among Students in American Colleges and Universities, 1997.

Jeanine joined the Office of the Public Defender for the Thirteenth Judicial Circuit, Tampa in 1998. She has represented clients in thousands of criminal cases, ranging from misdemeanors such as Domestic Violence Battery, Violation of Domestic Violence Injunction, and DUI’s to felonies including Murder, DUI Manslaughter, Capital Sexual Battery, Kidnapping, as well as all types of theft and drug charges. Jeanine has served as the supervisor for the Office of the Public Defender for all the Drug Divisions in Hillsborough County, including the Drug Pre-Trial Intervention Program, she has served as the Division Chief of the Sex Offender Division, and she has served as a member of the Homicide Division.

In addition, from February 2000 until August 2004, she was responsible for all the Involuntary Civil Commitment of Sexually Violent Predator cases. She was the first attorney to argue an Involuntary Civil Commitment of Sexually Violent Predator issue to the Florida Supreme Court, and she won. In additional to her extensive trial background, Jeanine is responsible for two Florida Supreme Court opinions and several DCA opinions, because she believes in fighting meritorious issues all the way to the top.

Jeanine is a member in good standing of the Florida Bar, the Florida Association of Criminal Defense Lawyers, the Hillsborough County Bar Association, and the Hillsborough Association for Women Lawyers and the Sex Offender Commitment Defense Association. Jeanine has been a guest speaker for the Florida Public Defender Association, at the Building a Better Defense IX, Sex Crimes, Lies and Videotape Conference in 2002, and the Involuntary Civil Commitment of Sexually Violent Predators Conference in 2003 and 2004.

Jeanine has also been a guest speaker for the Florida Association of Criminal Defense Lawyers, in 2002 and 2003 and for the National Association of State Mental Health Program Directors, 2002 Annual Meeting. Jeanine is currently scheduled to be a guest speaker for the Florida Bar in the fall of 2004.

• Education: Stetson University College of Law, St. Petersburg, Florida (Honors: With Honors, Dean's Award, Ralph Steinhardt Award, William F. Blews Pro Bono Award, Who’s Who among Students in American Colleges and Universities, 1997); University of South Florida, B.A. (Honors: With Honors), Major: Anthropology, Political Science.
• Classes/Seminars: Guest Speaker, Florida Public Defender Association, 2002; Guest Speaker, Florida Association of Criminal Defense Lawyers, 2002 - 2003; Guest Speaker, National Association of State Mental Health Program Directors, 2002; Guest Speaker, Florida Bar, 2004.
• Professional Memberships & Achievements: Florida Bar, Florida Association of Criminal Defense Lawyers, Hillsborough County Bar Association, Hillsborough Association for Women Lawyers, Sex Offender Commitment Defense Association.

• Wendy Joy DePaul, Esq.

Wendy Joy DePaul completed her undergraduate education at Florida State University with a degree in Accounting. She became a licensed Certified Public accountant in 1995. She then attended Stetson University College of Law, where she graduated with her law degree in 1997 in the top third of her class.

While attending law school, Wendy was involved in many public service activities, such as the income tax preparation program, after school tutoring for public school students, and Alpha House. Upon graduation from Stetson University, she received the William F. Blews Pro Bono Award and was selected for Who’s Who among Students in American Colleges and Universities, 1997. Wendy previously worked for Epperson and Associates, P.A., The Law Office of Dan Consuegra, P.A., and Codilis and Stawiarski, P.A. At all of these firms she practiced primarily in the areas of Foreclosures and Bankruptcy, first representing individuals then later representing mortgage companies.

Wendy has handled thousands of Bankruptcy and Foreclosure cases throughout the state of Florida since 1997, including cases in Chapter 7 (liquidation), Chapter 13 (reorganization) and Chapter 11 (business reorganization). Wendy is licensed in all State and Federal Courts in the state of Florida. Wendy is currently a member in good standing of the Florida Bar, and is also a member of the Tampa Bay Bankruptcy Bar Association and the Florida Institute of Certified Public Accountants.

• Areas of Practice: Foreclosures and Bankruptcy
• Certified Legal Specialties: Certified Public Accountant, 1995
• Bar Admissions: Florida; U.S. District Court Middle District of Florida; U.S. District Court Northern District of Florida; U.S. District Court Southern District of Florida; U.S. District Court Southern District of Florida Trial Bar; U.S. Bankruptcy Court Middle Florida; U.S. Bankruptcy Court Southern District of Florida; U.S. Bankruptcy Court Northern District of Florida.
• Education: Stetson University College of Law, St. Petersburg, Florida (Honors: Top Third of Class, William F. Blews Pro Bono Award, Who's Who among Students in American Colleges and Universities, 1997); Florida State University, Major: Accounting.

• Adam L. Bantner, II, Esq.