Blenk Law, PAPolk County FL Criminal Defense Attorney | Bartow Family Law2024-03-06T17:07:33Zhttps://www.criminalattorneypolk.com/feed/atom/WordPressOn Behalf of Blenk Law, PAhttps://www.criminalattorneypolk.com/?p=472742024-03-04T17:08:24Z2024-03-06T17:07:33Zalleged victim must prove domestic violence. Some domestic violence cases are nothing more than “he said/she said” situations. When that happens, the judge must decide who is more believable.
Other cases involve evidence in the form of photos, texts or videos. Although it is extreme, sometimes victims falsify evidence in their quest for revenge.
Therefore, you must gather evidence to show that you did not engage in domestic violence.
Common types of evidence
Evidence can include witness statements, photos or written communications.
Witnesses who were present during the incident can testify on your behalf that you were not violent or that any of your actions were done in self-defense.
Your witnesses can also serve as alibis if you were not present during the incident. Their testimony should be detailed and credible.
You can also present evidence such as text messages, emails or social media posts.
Conversations between you and the alleged victim, such as about a breakup or custody dispute, can provide important context that shows why they might have a motive to falsely accuse you of domestic violence.
Sometimes alleged victims even admit to planning to accuse someone of domestic violence in text or other written communication.
Should you testify?
Depending on the situation, it might be better if you do not testify. You are subject to cross-examination and anything you say at a hearing could potentially be used as evidence in other court proceedings, such as custody hearings.
The stakes are high if you are accused of domestic violence. It is important to vigorously defend yourself.]]>On Behalf of Blenk Law, PAhttps://www.criminalattorneypolk.com/?p=472732024-02-22T18:58:38Z2024-02-21T18:51:51Zasserting a criminal defense and avoiding criminal consequences.
In fact, there are specific programs designed for defendants facing specific offenses to help them avoid conviction and jail time.
Diversion programs
In Florida, diversion programs are available for those facing certain crimes. Additionally, these programs consider the defendant’s criminal history, as this could impact their eligibility. While they could go by various names, a diversion program is an alternative sentencing program. They could fall under the category of deferred adjudication or pretrial diversion.
For a deferred adjudication, this requires that the defendant pleads guilty or no contest to the charges at first. While the court does not enter a judgment of guilt at this time, it lays out the conditions that the defendant must meet. Once these requirements are fulfilled, the charges will be dismissed. As a result, the defendant will not have a criminal record concerning this charge.
In contrast, pretrial diversion will remove the defendant from prosecution. This means no plea of guilt or contest will be made. At this point, the prosecution will halt the case for the defendant to meet the conditions set. Thus, if the defendant fails, the matter can move forward to trial.
Eligibility and conditions
Eligibility and conditions of a diversion program are dependent on the charges in question. Often, these programs are used for low-level crimes, such as drug offenses, domestic disputes or first-time offenders. Conditions for these programs often consist of counseling, probation, drug testing, good conduct, restitution and community service.
Regarding eligibility for pre-trial diversion, there are often guidelines that are offense specific. However, eligibility requirements often include no prior felonies, no prior participation in a diversion program, no violent criminal history and no possession of dangerous weapons.
Criminal charges, procedures and defense options can get complex and confusion. Thus, it is not only important that defendant understand their rights when it comes to asserting a defense, but they should also take the time to understand the range of options they have when it comes to a criminal defense or entering a diversion program.]]>On Behalf of Blenk Law, PAhttps://www.criminalattorneypolk.com/?p=472722024-02-05T12:24:45Z2024-02-05T12:24:45Zcrimes mainly involved robbery or theft. The man initially stole items from a store in an area mall and then ran out of the mall and up to a van, where he ordered the occupants inside to start driving. The van occupants refused and managed to drive away.
After that, the man apparently approached a woman in her vehicle and demanded that she give him money because his wife was pregnant. The man left when the woman said she was going to call the police.
Man was later identified in lineup
The man was eventually caught and charged with burglary of a conveyance with assault, burglary of an occupied conveyance and petit theft. It was later learned he had been released from prison just three days earlier.
A jury found the man guilty on the charges and a judge sentenced him to life in prison. The man’s prior criminal history and status as a prison release offender meant that he faced mandatory minimum sentences, although ultimately the judge chose life in prison.
A State Attorney involved in the case said that this should serve as an example that habitual criminality will not be tolerated in the state of Florida.
Factors that can increase a criminal sentence
Prior criminal history is one of many factors that courts and judges consider when sentencing Florida residents for crimes. People with a prior criminal history are likely to face higher penalties than ones with no criminal history.
Other factors considered include the nature of the crime, the person’s role in the crime, whether the person acted under someone else’s coercion or control and whether the person showed remorse for their actions.
Cooperation can also sometimes result in a more lenient sentence. If you are charged with a serious crime, cooperating with the prosecutors to resolve the matter could lead to a lesser sentence. However, this depends on the situation, so it is best to get advice on the best strategy first.
]]>On Behalf of Blenk Law, PAhttps://www.criminalattorneypolk.com/?p=472712024-01-22T10:24:49Z2024-01-22T10:24:49ZThe investigation
The investigation began in September when undercover detectives began following the movements of three men who lived in Hillsborough County. Two of the three are believed to be Mexican nationals who entered the United States illegally. Two of the men are also believed to be father and son. During the investigation, detectives made several controlled purchases of drugs from one of the three men.
Detectives tracked the three men from Compton, California to central Florida, where they were arrested by deputies of the Florida Highway Patrol. The total purchases amounted to 10 kilograms, enough to kill an estimated 5 million people.
According to the Center for Disease Control and Prevention, fentanyl is a synthetic opioid that is 50 times stronger than heroin and 100 times the strength of morphine. Fentanyl comes in two forms: pharmaceutical fentanyl and illegally manufactured fentanyl. Pharmaceutical fentanyl is used to treat severe pain, and illegal fentanyl comes in many forms and is often mixed with heroin, cocaine, and methamphetamine. Experts estimate that 150 people per day die from synthetic opioids.
What next?
The three defendants in this case are facing very serious criminal charges that, upon conviction, could result in a lengthy prison sentence or a significant fine.
]]>On Behalf of Blenk Law, PAhttps://www.criminalattorneypolk.com/?p=472702024-01-11T15:34:00Z2024-01-08T15:30:30Zrecently arrested a federal employee, who had a management role at a major airport, on charges filed in Florida. The Transportation Safety Administration has since placed the employee on leave.
Florida officials accuse the official and another person of falsifying a deed to real estate. The deed at issue supposedly transferred real estate to the official and her companion. The alleged victim, who owned the property, is a relative of the official and has been diagnosed with dementia.
While the official herself is facing a forgery charge, the other person involved is facing multiple charges, including two charges of exploitation.
In Florida, those who have the authority to manage the finances of vulnerable elderly or disabled people may face a felony exploitation charge if they do not perform their responsibilities properly. Authorities may also file these charges for other reasons.
Depending on the amount of money involved, a person can wind up spending decades in prison and paying thousands of dollars in fines over exploitation charges.
Financial disputes with relatives can lead to criminal charges
No doubt more details about this case will come to light.
Still, Polk County residents who may be involved in managing the finances of a friend, relative or other person will want to pay attention to this story.
Especially when there is internal conflict, family issues involving the care of an older or disabled relative can easily reach a boiling point.
If a disgruntled family member decides to call authorities, there is always a chance that someone who was only trying to help can wind up facing criminal charges.
Floridians who are accused of crimes related to financial mismanagement should make sure they understand their legal options. In some cases, it is best for a person to admit their mistake and move on with life as best they can.
However, there are many other cases where police and prosecutors try to make what was at worst carelessness or a misunderstanding into a felony. In these situations, it may be best to assert a defense to the charges.]]>On Behalf of Blenk Law, PAhttps://www.criminalattorneypolk.com/?p=472692024-01-08T07:08:23Z2023-12-28T07:07:34Zcriminal defense options.
Burglary basics
In simple terms, a charge for burglary involves the intent to take the property of another. However, unlike other property crimes, burglary does not require a complete taking. This crime only requires the unlawful entry into a building or dwelling with the intent to commit a theft.
Depending on the circumstances surrounding the alleged burglary, this crime could be charged as either a misdemeanor or felony. And based on mitigating or aggravating factors, the penalties could range greatly. This includes jail time, lengthy prison sentence, hefty fines, court-mandated restitution to the victim and a lengthy probation period.
Defense options
The defenses available to the accused is dependent on various factors, such as the degree of the charge and the circumstances involved. However, one of the most common defenses used for a burglary charge involves the assertion that there was the absence of criminal intent. Because an actual taking does not need to occur, the criminal intent is often focused on when establishing why the accused unlawfully entered the structure.
Facing allegations of a property crime can be overwhelming. In order to better navigate the matter and devise a strong criminal defense, it is important to obtain guidance from a legal professional.
]]>On Behalf of Blenk Law, PAhttps://www.criminalattorneypolk.com/?p=472682023-12-18T19:42:16Z2023-12-13T19:39:09Zconviction for a drug charge can lead to time in jail or prison and fines. They also may have to deal with a period of probation. Many times, probation includes other requirements like drug testing, mandatory counseling or home visits.
Furthermore, even one conviction, especially a felony conviction, can limit if not ruin a person’s job prospects and other goals. It can be hard even to find housing after a drug conviction.
In short, what may have been a one-time lapse of judgment can have serious and long-term consequences beyond jail.
Thankfully, Polk County residents have some alternatives to traditional criminal proceedings.
For example, the Office of the State Attorney which serves Polk County has a drug diversion program.
The idea behind a diversion program is that a person can work through the prosecutor’s office with respect to taking the right steps to avoid another drug crime.
If a person in a diversion program fulfills the requirements, the prosecution should either dismiss the charge or agree not to file charges at all. Whether a person qualifies for diversion depends on their individual circumstances, but they can explore this alternative.
In other cases, a person may qualify for the local drug court. Unlike diversion, these programs, which are formally called problem solving courts, involve a formal charge and hearings before a judge. Still, the point of problems solving court is to give a person a chance to show they have learned from their mistakes and can move on.
If a person completes the program, they will avoid many serious consequences of a drug offense.
Sometimes, the best legal strategy is to mount a defense to drug charges
Again, not everyone qualifies for a drug court referral. Ultimately, the judge decides who to admit to the program and under what terms and conditions.
Furthermore, it is sometimes not in a person’s best interest to enter one of these programs. Usually, entering one of these programs will require a person to acknowledge legal responsibility for their charge.
If someone did not do what police and prosecutors claim, or if they believe law enforcement acted unlawfully, they may consider mounting a defense to the charges against them.]]>On Behalf of Blenk Law, PAhttps://www.criminalattorneypolk.com/?p=472672023-12-05T06:27:58Z2023-11-29T06:26:43Zdiscovered the body of a woman whom they believed to be the missing woman.
The search
The deputies had been searching near an airfield in Mount Dora on Saturday, November 18. When they heard reports about the odors emanating from the storage unit, they abandoned their search and focused their attentions on the storage unit. Upon opening the storage unit, they discovered the body of a woman who was believed to be the missing woman. Police said they believe that the woman was killed by several gunshot wounds.
The history of the storage unit
The storage unit in question is registered in the name of the missing woman’s estranged husband. The sheriff said that because the unit was registered in the name of the ex-husband, he must have realized that he would eventually be connected to the woman found in the storage unit.
The suspect’s criminal history
The sheriff opined that the suspect was already in the Orange County Jail as a suspect in an incident that occurred on Nov. 12, in which he is alleged to have fired gunshots at his ex-girl friend. The sheriff said that because the suspect was already in custody, department investigators had ample time to gather evidence to use in building a case for a murder charge. The sheriff further opined that the suspect would be “eventually” charged with murder in this case.
At this point, this case depends entirely upon circumstantial evidence. An experienced criminal defense attorney can poke many holes in such evidence. A skillful defense attorney can find many weaknesses in the prosecutions case.
]]>On Behalf of Blenk Law, PAhttps://www.criminalattorneypolk.com/?p=472652023-11-27T16:28:48Z2023-11-13T16:25:58ZCharged with theft
If you are charged with the crime of theft, this means that you are accused of knowingly obtaining or using or attempting to obtain or use the property of another person. The charge could range from misdemeanor to felony, and as stated above, is often dependent on the value of the property involved.
At Blenk Law, PA, our experienced legal team understands the complexities that can go with allegations of theft. Thus, our law firm is focused on understanding our clients, their situation and the evidence involved. This helps our attorneys build the strongest criminal defense available to you.
Types of theft charges
The most severe theft charges fall under the category of grand theft. An individual is charged with grand theft if the property taken or used is valued at more than $300. Additionally, this charge also applies in unique situations, such as taking cattle or a certain amount of fruit from another person’s land. This can be charged as a felony and a conviction can result in a prison sentence of up to five years.
The next type is petit theft. This occurs when the property in question is valued at less than $300. These are often charged as a misdemeanor and carry with it the possibility of up to one year in jail. The final type discussed is shoplifting. Florida criminal courts refer to this as retail theft, and the severity of the charge is dependent on the value of the property involved.
As stated above, the value of the property involved signals the severity of the charges faced by the accused. The dividing line is $300 and could be used to help reduce the charges involved. The details of the theft crime charged is imperative when determining the defense course. A legal professional can help you better understand your situation as well as the defense options available to you.]]>On Behalf of Blenk Law, PAhttps://www.criminalattorneypolk.com/?p=472642023-11-09T18:57:16Z2023-10-30T17:56:07ZThe risks of testifying in your own defense
There are several ways in which testifying in your own defense can come back to haunt you. Here are some of them:
You’ll be forced to answer tough questions on cross-examination.
Invoking the Fifth Amendment during questioning might leave the jury with an impression that you’re guilty.
Your history will be brought to light in an attempt to portray you as a dishonest individual or someone who is a long-term criminal.
You might not strike the right tone with the judge or jury.
Any of these issues could devastate your criminal defense and leave you at a heightened risk of conviction.
So, when is it right to testify in your own defense?
There are times when it’s appropriate to testify in your own defense. This includes when:
You can testify to facts that no one else can.
The prosecution’s witnesses have a more extensive criminal history than you do, which will make your testimony more credible.
Your case is going so badly that testifying in your own defense is your only option.
There may be other instances where testifying in your own defense is a wise move, but they’re very limited.
Make the criminal defense decision that’s right for you
It’s generally advisable not to testify in your own defense, as there’s simply too much risk. But this is an important matter that should be thoroughly discussed with your criminal defense attorney so that you can determine the best course of action for you. That way, you’ll hopefully be able to craft the persuasive criminal defense strategy that leads to the positive outcome that you want.]]>