CASES WE DEFEND
We are dedicated exclusively to the practice of criminal defense. Our firm has the reputation for tough, aggressive representation in all areas of criminal law, including:
DRUG CRIMES
- Drug Cases
- Trafficking of Drugs
- Sale of Drugs
- Manufacture of Drugs
- Delivery of Drugs
- Possession of Drug Paraphernalia
FEDERAL CRIMES
- Mortgage Fraud
- Drug Trafficking
- Healthcare Fraud
- Child Pornography
- Immigration Crimes
- Other Federal Crimes
FRAUD OFFENSES
- Mortgage Fraud
- Credit Card Fraud
- Insurance Fraud
- Organized Fraud
MISDEMEANOR CRIMES
- DUI (D.U.I.)
- Disorderly Conduct
- Disorderly Intoxication
- Obstructing Justice
- Resisting Without Violence
- Trespass
- Petit Theft
- Shoplifting
- Criminal Mischief
- Assault and Battery Domestic Violence
- Stalking
- Prostitution Offenses Soliciting
- Indecent Exposure
- False Report of a Crime
- Loitering and Prowling
FELONY CRIMES
- Probation Violations Community Control Violations
- Battery on a Law Enforcement Officer
- Resisting With Violence
- Aggravated Battery Aggravated Assault
- Grand Theft
- Weapons Offenses Concealed Firearm Deadly Missile
- Uttering a Forged Instrument
- Burglary
- Robbery Offenses
- False Imprisonment Kidnapping
- Child Abuse or Neglect
- Sexual Battery
- Homicide / Murder
- Lewd and Lascivious Conduct
- Tampering
- Practicing Medicine w/o a License
- Practicing Dentistry w/o a License
FIRST APPEARANCE
You will appear before a judge within 24 hours of your arrest. The judge will then advise you of the charge(s) for which you have been arrested. The judge will then decide if the police had a sufficient legal basis to arrest you. This is also referred to as a probable cause determination. You should not make statements about your case at this hearing. The judge will ask if you wish to be represented by an attorney and, if so, whether you intend to hire private counsel. The judge will then decide if pretrial release (bail) is appropriate in your case, and if so, how much.
WHAT IS A BOND?
In Florida, the legal term Pretrial Release is synonymous with the words bail and bond.
Technically though, bail or bond is just the monetary amount that must be posted before a person can be released from jail pending trial.
However, even if you post the monetary amount (bond) you may also have to agree to other conditions before the jail will actually release you. Collectively, these conditions (including the bond amount) are known as Pretrial Release.
ARRAIGNMENT
After your first appearance, if formal charges are filed, an arraignment will be scheduled. The arraignment is not a trial and not a time when evidence can be presented. At most arraignments your charges are read to you and you will be required to enter a plea at this time. If you have retained my services prior to this court date, I will enter a plea of not guilty on your behalf and waive your appearance. However, it is important, but not necessary, that you have retained my services before this time. If you have not retained an attorney you should a plea of not guilty and advise the judge that you are looking for an attorney. Your case will then be given a pretrial and trial date.
COURT APPEARANCES
You must appear in court for all your court hearings unless I advise you otherwise. It is best to arrive before the scheduled time so that we can discuss any issue that may arise. If you do not show, or you are late, the judge may issue a warrant for your arrest and your right to a speedy trial may be lost. Your bond may also be revoked.
PLEAS
The law presumes you are innocent until proven guilty. You can only plead one of three ways: (1) Not Guilty; (2) Guilty; and (3) Nolo Contendere, which is Latin for no contest. A not guilty plea is entered when you are innocent, when you are not certain which plea to enter, when there is not enough evidence against you to prove guilt or when you want to demand a trial by jury.
TRIAL
If you enter a plea of not guilty, you will have a trial unless the charges are dismissed or you change your plea prior to trial. In a jury trial, a judge presides over the courtroom proceedings, and six or more citizens from the community are chosen to hear the evidence presented against you. These citizens determine whether a crime has been committed and whether you are criminally responsible for that crime.
You and your attorney must decide whether you want a jury trial or a non-jury trial. The State Attorney must also agree to a non-jury trial. In a non-jury trial, only the judge decides whether a crime has been committed, and whether you are criminally responsible for that crime; in a non-jury trial there is no jury. A jury is used for most trials.
FEDRAL CASES
(arrested in federal court?)
The arrest process differs substantially when arrested in Federal Court. Once arrested, you will be brought before a Federal Magistrate to determine if pre-trial release is appropriate. The Federal Probation Officer will meet with you and conduct a thorough background check on the accused. This interview will include prior arrest history, employment, family, financial and assets. It is important to have an experienced attorney with the accused throughout all stages of a Federal prosecution.
The first hearing is a Detention Hearing. At this hearing the Federal Magistrate will consider the strength of the government’s case, the accused’s background and the Government’s recommendation. At the Detention Hearing, the accused’s lawyer will be able to object to certain types of evidence, and present legal argument as to why the accused deserves to be released while the case is pending.
Many Federal offenses, including all drug charges, come with the presumption that he accused be detained and not be released.
If the accused is granted pre-trial release, it can be in the form of a bond. One type is a Surety Bond. A Surety Bond carries a 15% premium, or fee, to the Bail Bonds person. An accused can also sign a Personal Surety promising to attend all court proceedings. An accused may be required to post property or money directly with the Clerk of Court or a combination of both. The Federal Magistrate can also impose restrictions on the arrestee. Some of these may include travel restrictions, house arrest, surrendering passport, drug testing and freezing of assets, such as bank accounts.
The Law Offices of Duane A. Crooks provides aggressive, and innovative representation of all criminal matters in both State and Federal Court. With extensive experience, our firm handles a vast array of cases ranging from DUI to murder, from drug possession to complex federal crimes.
We offer around-the-clock representation, 24 hours a day, 7 days a week, throughout the U.S. It is our firm’s mission to continuously provide the highest quality legal representation to all of our valued clients.
