https://www.swiateklaw.com https://www.swiateklaw.com/how-soon-can-a-criminal-defense-lawyer-get-an-arrest-warrant-put-aside-for-failure-to-appear-in-court-for-dwls Originally posted on Glenn M. Swiatek .Q: How soon can a criminal defense lawyer get an arrest warrant put aside for failure to appear in court for DWLS? The answer to your question really is specific to the Judge who signed off on your warrant. Yes, […] The post How soon can a criminal defense lawyer get an arrest warrant put aside for failure to appear in court for DWLS? first appeared on Glenn M. Swiatek. <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> <h2> Q: How soon can a criminal defense lawyer get an arrest warrant put aside for failure to appear in court for DWLS? </h2> <div> <img src="https://irp.cdn-website.com/5c4d4f9d/dms3rep/multi/glennfront-1-150x150.jpg" alt="A man in a suit and tie is sitting in front of a bookshelf." title=""/> <span> </span> </div> <div data-rss-type="text"> <p> The answer to your question really is specific to the Judge who signed off on your warrant. Yes, it is possible for your attorney to make a phone call and get it pulled, or an email or go to court with you on the next court calendar and have your warrant pulled And this could happen within days. But there is an easier way to handle this… </p> </div> <div data-rss-type="text"> <p> <b> <em> <a href="http://www.avvo.com/legal-answers/how-soon-can-a-criminal-defense-lawyer-get-an-arre-2063201.html#answer_4861032" target="_blank"> Read entire answer at AVVO.com </a> </em> </b> </p> </div> <h2> How to hire a criminal lawyer </h2> <div data-rss-type="text"> <p> If you or a loved one are facing criminal charges in Destin, Ft Walton Beach, Crestview, Shalimar, 30A, or other areas of <a href="https://g.page/SwiatekLaw"> NW Florida </a> , your highest priority should be to select an experienced criminal defense attorney. </p> </div> <div data-rss-type="text"> <p> Don’t delay, call us now  <b> <a href="tel:+1-850-609-0940"> (850) 609-0940 </a> </b>  or <a href="https://swiateklaw.com/contact/"> contact us online </a> for a free consultation. </p> </div> <div data-rss-type="text"> <p> </p> </div> <div data-rss-type="text"> <p> Glenn Swiatek has the trial experience to handle your <a href="https://swiateklaw.com/practice-areas/"> criminal charges </a> effectively and is qualified to handle criminal appeals and post conviction relief cases in these areas of the Florida Panhandle: Destin, Fort Walton Beach, Shalimar, Crestview, Niceville, Valparaiso, 30-A, Miramar Beach, Santa Rosa Beach, Freeport, DeFuniak Springs, Navarre, Gulf Breeze, Milton, and Pensacola. </p> </div> <div data-rss-type="text"> <p> <a href="/how-soon-can-a-criminal-defense-lawyer-get-an-arrest-warrant-put-aside-for-failure-to-appear-in-court-for-dwls/"> How soon can a criminal defense lawyer get an arrest warrant put aside for failure to appear in court for DWLS? </a> </p> </div> <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> Fri, 12 Jul 2024 19:15:00 GMT https://www.swiateklaw.com/how-soon-can-a-criminal-defense-lawyer-get-an-arrest-warrant-put-aside-for-failure-to-appear-in-court-for-dwls thumbnail https://www.swiateklaw.com/courtroom-tips Originally posted on Glenn M. Swiatek .Going to court can be a very unpleasant experience for most.  We can save a lot of heartache and stress if we understand what is expected of us when we are present in a courtroom. These tips can help make […] The post Courtroom Tips first appeared on Glenn M. Swiatek. <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> <div> <img src="https://irp.cdn-website.com/5c4d4f9d/dms3rep/multi/silder13-1.jpg" alt="A scale of justice is sitting on a wooden table in a courtroom." title=""/> <span> </span> </div> <div data-rss-type="text"> <p> Going to court can be a very unpleasant experience for most.  We can save a lot of heartache and stress if we understand what is expected of us when we are present in a courtroom. These tips can help make your experience a little better: </p> </div> <h3> How to hire a criminal lawyer in NW FL </h3> <div data-rss-type="text"> <p> If you or a loved one are facing criminal charges in Destin, Ft Walton Beach, Crestview, Shalimar, 30A, or other areas of <a href="https://g.page/SwiatekLaw"> NW Florida </a> , your highest priority should be to select an experienced criminal defense attorney. </p> </div> <div data-rss-type="text"> <p> Glenn Swiatek has the trial experience to handle your <a href="https://swiateklaw.com/practice-areas/"> criminal charges </a> effectively and is qualified to handle criminal appeals and post conviction relief cases in these areas of the Florida Panhandle: Destin, Fort Walton Beach, Shalimar, Crestview, Niceville, Valparaiso, 30-A, Miramar Beach, Santa Rosa Beach, Freeport, DeFuniak Springs, Navarre, Gulf Breeze, Milton, and Pensacola. </p> </div> <div data-rss-type="text"> <p> Don’t delay, call us now  <b> <a href="tel:+1-850-609-0940"> (850) 609-0940 </a> </b>  or <a href="https://swiateklaw.com/contact/"> contact us online </a> for a free consultation. </p> </div> <div data-rss-type="text"> <p> <a href="/courtroom-tips/"> Courtroom Tips </a> </p> </div> <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> Sat, 15 Jun 2024 21:58:00 GMT https://www.swiateklaw.com/courtroom-tips thumbnail https://www.swiateklaw.com/i-have-more-questions-about-my-legal-situation Originally posted on Glenn M. Swiatek .If you have been arrested or believe you will soon be arrested for a criminal offense in Northwest Florida please call today at (850) 609‑0940 or request a free initial consultation using our online form. Get the peace of mind […] The post I have more questions about my legal situation. How do I contact your firm? first appeared on Glenn M. Swiatek. <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> <div data-rss-type="text"> <p> If you have been arrested or believe you will soon be arrested for a <a href="https://swiateklaw.com/florida-crimes/"> criminal offense </a> in Northwest Florida please call today at (850) 609‑0940 or request a free initial consultation using our online form. </p> </div> <div data-rss-type="text"> <p> <a href="/i-have-more-questions-about-my-legal-situation/"> I have more questions about my legal situation. How do I contact your firm? </a> </p> </div> <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> Wed, 15 May 2024 00:29:00 GMT https://www.swiateklaw.com/i-have-more-questions-about-my-legal-situation thumbnail https://www.swiateklaw.com/avoid-longer-sentence-court Originally posted on Glenn M. Swiatek .I am a criminal defense attorney and I am in court almost every day. Unfortunately, you haven’t provided sufficient information to properly answer your question. I would need to know your complete criminal history, your charges, and which court that […] The post How do I avoid having a longer sentence in a court? first appeared on Glenn M. Swiatek. <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> <div> <img src="https://irp.cdn-website.com/5c4d4f9d/dms3rep/multi/glennfront-1-150x150.jpg" alt="A man in a suit and tie is sitting in front of a bookshelf." title=""/> <span> </span> </div> <div data-rss-type="text"> <p> I am a criminal defense attorney and I am in court almost every day. Unfortunately, you haven’t provided sufficient information to properly answer your question. I would need to know your complete criminal history, your charges, and which court that you are in. </p> </div> <div data-rss-type="text"> <p> As a general proposition though, make sure that you are well dressed and that you remain polite when addressing the Court. You would be surprised how many people fail in that regard. </p> </div> <div data-rss-type="text"> <p> Your job is to present as much mitigation evidence as possible. For instance, a lot of my clients have mental health, drug and alcohol problems. Having an expert–a psychologist, drug rehab counselor, etc., shows the court that you are addressing your issues. </p> </div> <div data-rss-type="text"> <p> Having upstanding members of the community testify on your behalf is always a good idea. Everyone can get their family and friends to help them out. The Court is generally not too impressed with their testimony. However, having a city councilman, high school coach or principal, gets you a lot of bang for your buck. </p> </div> <h3> How to hire a criminal lawyer </h3> <div data-rss-type="text"> <p> If you or a loved one are facing criminal charges in Destin, Ft Walton Beach, Crestview, Shalimar, 30A, or other areas of <a href="https://g.page/SwiatekLaw"> NW Florida </a> , your highest priority should be to select an experienced criminal defense attorney. </p> </div> <div data-rss-type="text"> <p> Glenn Swiatek has the trial experience to handle your <a href="https://swiateklaw.com/practice-areas/"> criminal charges </a> effectively and is qualified to handle criminal appeals and post conviction relief cases in these areas of the Florida Panhandle: Destin, Fort Walton Beach, Shalimar, Crestview, Niceville, Valparaiso, 30-A, Miramar Beach, Santa Rosa Beach, Freeport, DeFuniak Springs, Navarre, Gulf Breeze, Milton, and Pensacola. </p> </div> <div data-rss-type="text"> <p> Don’t delay, call us now  <b> <a href="tel:+1-850-609-0940"> (850) 609-0940 </a> </b>  or <a href="https://swiateklaw.com/contact/"> contact us online </a> for a free consultation. </p> </div> <div data-rss-type="text"> <p> <a href="/avoid-longer-sentence-court/"> How do I avoid having a longer sentence in a court? </a> </p> </div> <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> Mon, 15 Apr 2024 02:35:00 GMT https://www.swiateklaw.com/avoid-longer-sentence-court thumbnail https://www.swiateklaw.com/know-im-arrested Originally posted on Glenn M. Swiatek .Here are answers to frequently asked questions about what happens if you are arrested in Florida, including the areas of Destin, Ft Walton Beach, Crestview, Shalimar, and other NW Florida cities. The purpose of this web page is to provide […] The post What happens if I am arrested in Florida? first appeared on Glenn M. Swiatek. <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> <div data-rss-type="text"> <p> Here are answers to frequently asked questions about what happens if you are arrested in Florida, including the areas of Destin, Ft Walton Beach, Crestview, Shalimar, and other NW Florida cities. </p> </div> <div data-rss-type="text"> <p> The purpose of this web page is to provide general information on the law, which is subject to change. </p> </div> <div> <img src="https://irp.cdn-website.com/5c4d4f9d/dms3rep/multi/bigstock-Judges-Gavel-7425490-1-1-1024x683.jpg" alt="A wooden judge 's gavel is sitting on a wooden table." title=""/> <span> </span> </div> <h2> What is an arrest?   </h2> <div data-rss-type="text"> <p> When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, however, you still could be detained or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. </p> </div> <div data-rss-type="text"> <p> For example, an officer may detain you if you are carrying a large box near a recent burglary site. Storekeepers also can detain you if they suspect you have stolen something. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested. </p> </div> <h2> What rights do I have?  </h2> <div data-rss-type="text"> <p> Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that: </p> </div> <div data-rss-type="text"> <p> These are your “Miranda” rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. And this does not apply if you volunteer information without being questioned by the police. </p> </div> <h2> Once I’m told my rights, can I be questioned?  </h2> <div data-rss-type="text"> <p> You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, the questioning must stop as soon as you say so or as soon as you say that you want a lawyer. If the questioning continues after you request a lawyer and you continue to talk, your answers can be used against you if you testify to something different. </p> </div> <div data-rss-type="text"> <p> You may be required to give certain physical evidence. For example, if you are suspected of driving under the influence of alcohol, you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver’s license will be suspended and the refusal will be used against you in court. </p> </div> <div data-rss-type="text"> <p> Once you have been “booked,” (meaning your arrest has been written into official police records, and you have been fingerprinted and photographed) you have a right to make and complete three telephone calls that are free within the local dialing area. </p> </div> <h2> When should I see a lawyer?  </h2> <div data-rss-type="text"> <p> If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer also can advise you or your family or friends on the bail process. </p> </div> <h2> What if I can’t afford a lawyer?  </h2> <div data-rss-type="text"> <p> The U.S. Constitution guarantees everyone charged with a crime the right to legal counsel. A public defender, or other attorney, will be appointed for you if you cannot afford to hire an attorney on your own. Public defenders are experienced trial attorneys who specialize in criminal law. They are unrelated to prosecutors or the police. </p> </div> <h2> Who can arrest me?  </h2> <div data-rss-type="text"> <p> All law enforcement officers (such as police officers, county sheriff officers, investigators in a district attorney’s office or an attorney general’s office, and highway patrol officers) can arrest you whether they are on or off duty, in most cases. A probation or parole officer also can arrest you. </p> </div> <div data-rss-type="text"> <p> They can arrest you even if they do not have an arrest warrant-if they have probable cause or good reason to believe you committed a felony. (A felony is a crime of a more serious nature than a misdemeanor, usually punishable by imprisonment for more than a year. A misdemeanor is usually punishable with a fine or short jail term.) They do not have to see you commit a felony in order to arrest you. They do, however, have to see you commit a misdemeanor in order to arrest you. </p> </div> <div data-rss-type="text"> <p> If you commit an infraction, they may ask you to sign a citation or notice instead of taking you into custody. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody. </p> </div> <h2> Can someone other than a law enforcement officer arrest me?  </h2> <div data-rss-type="text"> <p> Any person, such as a private security guard, can make a citizen’s arrest if he or she sees a misdemeanor being attempted or committed. He or she also can make a legal arrest for a felony as long as it actually was committed, and he or she has good reason to believe you did it. He or she must take you to a police officer or judge who is required by law to take you into custody. </p> </div> <h2> When is an arrest warrant used? </h2> <div data-rss-type="text"> <p> Usually, a warrant is required before you can be taken into custody from within your home. But you can be arrested at home without a warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone’s life or seriously damaging property. </p> </div> <div data-rss-type="text"> <p> An arrest warrant must be signed by a magistrate or judge, who must have good reason to believe that you committed a crime. Once an arrest warrant is issued, any law enforcement officer in the state can arrest you-even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest. </p> </div> <div data-rss-type="text"> <p> Before entering your home, a law enforcement officer must knock, identify him or herself and tell you that you’re going to be arrested. If you refuse to open the door-or if there’s another good reason-the officer can break in through a door or window. If the police have an arrest warrant, you should be allowed to see it. If they don’t have the warrant with them, you should be allowed to see it as soon as is practical. </p> </div> <div data-rss-type="text"> <p> The police may search the area within your reach. If you are arrested outdoors, they may not search your home or car. Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape. The officer can even use deadly force if it appears you will use force to cause great bodily injury. </p> </div> <h2> When can I be released?  </h2> <div data-rss-type="text"> <p> If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release. Your arrest then will be considered a detention and not be recorded as an arrest. </p> </div> <h2> What is bail and how is it set?  </h2> <div data-rss-type="text"> <p> The amount of bail-money or other security deposited with the court to insure that you will appear-is set by a schedule in each county. For some traffic citations, you may be notified that you can forfeit or give up bail instead of appearing in court. However, if you have any doubt, go to court so a new warrant is not issued for your arrest for failing to appear. </p> </div> <div data-rss-type="text"> <p> Bail forfeiture does not apply to misdemeanors or felonies, and you must appear in court. If you fail to appear, your bail will be lost and a new warrant will be issued for your arrest. For traffic citations, a “bail forfeiture” works as a conviction for the traffic violation. Officers at the jail may be able to accept bail. If you cannot post or put up the bail, you will be kept in custody. </p> </div> <div data-rss-type="text"> <p> Depending on where you are arrested, you may have the opportunity to request a bail reduction through a bail commissioner. When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense with which you are charged, any prior failures to appear (even for traffic tickets), any previous criminal record and your connections to the community, as well as the probability that you’ll appear in court. </p> </div> <div data-rss-type="text"> <p> Generally, the amount of bail is set according to a written schedule based on your charges. Instead of paying bail, you might be released on your own recognizance or “O.R.” (or “supervised O.R.”). This means that you do not have to pay bail because the judge believes that you will show up for your court appearances without bail. </p> </div> <h2> Who maintains arrest records and what do they include?  </h2> <div data-rss-type="text"> <p> Local police departments and the state Department of Justice keep arrest records. According to law, they cannot show such records to anyone except law enforcement officers, and may only show records of your convictions to certain licensing agencies which have a right by state law to investigate your criminal background. </p> </div> <div data-rss-type="text"> <p> The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges and the subsequent sentence imposed. Both pleading guilty and being found guilty after a trial count as convictions. </p> </div> <div data-rss-type="text"> <p> If you are convicted of a crime, are placed on probation and successfully complete the probation, you may be able to have the conviction set aside and the case dismissed. This may be helpful for employment background checks after the probation is completed. If you are convicted of certain felonies and you successfully complete probation, you may ask that the felony be reduced to a misdemeanor. You must contact the probation officer, or an attorney, to help clean up your record. </p> </div> <h2> What happens at an arraignment?  </h2> <div data-rss-type="text"> <p> You have a right to be arraigned without unnecessary delay-usually within two court days-after being arrested. At the arraignment, you will appear before a judge who will tell you officially of the charges against you. An attorney may be appointed for you if you can’t afford one, and the bail can be raised or lowered depending on the circumstances of the case. You also can ask to be released on O.R., even if bail was previously set. </p> </div> <div data-rss-type="text"> <p> If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead “nolo contendere,” meaning that you will not contest the charges. Legally, this is the same as a guilty plea, but it cannot be used against you in a non-criminal case unless the charge can be punished as a felony. </p> </div> <div data-rss-type="text"> <p> Before pleading guilty to some first-time offenses, such as drug use or possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling, which can result in dismissal of the charges if you complete the counseling. If misdemeanor charges are not dropped, a trial will be held. If you are charged with a felony, however, and the charges are not dropped, the next step is a preliminary hearing. </p> </div> <h2> When can an officer conduct a search?  </h2> <div data-rss-type="text"> <p> An officer always can make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins. </p> </div> <h2> When can an officer search you, your home or your car without a warrant? </h2> <h3> Body Searches. </h3> <div data-rss-type="text"> <p> If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods, and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search, including body cavities. </p> </div> <h3> Home Searches. </h3> <div data-rss-type="text"> <p> In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant. </p> </div> <div data-rss-type="text"> <p> If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms-and even other parts of the same room-are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, which is in plain sight. </p> </div> <h3> Car Searches. </h3> <div data-rss-type="text"> <p> Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason-such as a broken taillight-they can take any illegal goods in plain sight. </p> </div> <div data-rss-type="text"> <p> If you, your home or your car is searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If you or your lawyer, however, do not object to the evidence before trial, the court might allow the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, that does not always mean that your case will be dismissed. </p> </div> <h2> Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation </h2> <div data-rss-type="text"> <p> If you have been arrested or believe you will soon be arrested in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at  <a href="tel:850-609%E2%80%910940"> (850) 609‑0940 </a>  or  <a href="https://swiateklaw.com/contact/"> contact us online </a> . </p> </div> <div data-rss-type="text"> <p> <b> Initial Office Consults are free </b> , <b>   </b> and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring. </p> </div> <div data-rss-type="text"> <p> Mr. Swiatek holds an A+ rating from the Better Business Bureau. He is also an <a href="https://www.avvo.com/attorneys/32579-fl-glenn-swiatek-1288820.html?cm_mmc=Avvo-_-Avvo_Badge-_-Micro-_-1288820" target="_blank"> Avvo Superb Rated Attorney </a> . Avvo takes into account information based upon consumer and legal professional confidence relevant to an attorney’s qualifications, including experience, professional achievements, and disciplinary sanctions. </p> </div> <div> <a href="http://www.avvo.com/attorneys/32579-fl-glenn-swiatek-1288820.html?cm_mmc=Avvo-_-Avvo_Badge-_-Micro-_-1288820" target="_blank"> <img src="https://irp.cdn-website.com/5c4d4f9d/dms3rep/multi/view-my-profile-avvo-300x72.png" alt="The logo for Avvo ratings guidance the right lawyer." title=""/> </a> <span> </span> </div> <div data-rss-type="text"> <p> <a href="/know-im-arrested/"> What happens if I am arrested in Florida? </a> </p> </div> <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> Sun, 28 Jan 2024 21:55:00 GMT https://www.swiateklaw.com/know-im-arrested thumbnail https://www.swiateklaw.com/what-to-do-when-the-fifth-district-court-of-appeals-in-florida-dismisses-your-case-for-lack-of-jurisdiction Originally posted on Glenn M. Swiatek .Q: When the Fifth District court of appeals in Florida dismisses your case for lack of jurisdiction, what should you do next? A: The best thing to do at this juncture is to go to the Fifth District Court of […] The post What to do when the Fifth District court of appeals in Florida dismisses your case for lack of jurisdiction. first appeared on Glenn M. Swiatek. <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> <h2> Q: When the Fifth District court of appeals in Florida dismisses your case for lack of jurisdiction, what should you do next? </h2> <div> <img src="https://irp.cdn-website.com/5c4d4f9d/dms3rep/multi/glennfront-1-150x150.jpg" alt="A man in a suit and tie is sitting in front of a bookshelf." title=""/> <span> </span> </div> <div data-rss-type="text"> <p> A: The best thing to do at this juncture is to go to the Fifth District Court of Appeals website and download the Oder that dismissed your case. There are several reasons why the Court said it does not have jurisdiction… </p> </div> <div data-rss-type="text"> <p> <b> <em> <a href="http://www.avvo.com/legal-answers/when-the-fifth-district-court-of-appeals-in-florid-2055435.html#answer_4852046" target="_blank"> Read entire answer at AVVO.com </a> </em> </b> </p> </div> <h3> How to hire a criminal lawyer </h3> <div data-rss-type="text"> <p> If you or a loved one are facing criminal charges in Destin, Ft Walton Beach, Crestview, Shalimar, 30A, or other areas of <a href="https://g.page/SwiatekLaw"> NW Florida </a> , your highest priority should be to select an experienced criminal defense attorney. </p> </div> <div data-rss-type="text"> <p> Glenn Swiatek has the trial experience to handle your <a href="https://swiateklaw.com/practice-areas/"> criminal charges </a> effectively and is qualified to handle criminal appeals and post conviction relief cases in these areas of the Florida Panhandle: Destin, Fort Walton Beach, Shalimar, Crestview, Niceville, Valparaiso, 30-A, Miramar Beach, Santa Rosa Beach, Freeport, DeFuniak Springs, Navarre, Gulf Breeze, Milton, and Pensacola. </p> </div> <div data-rss-type="text"> <p> Don’t delay, call us now  <b> <a href="tel:+1-850-609-0940"> (850) 609-0940 </a> </b>  or <a href="https://swiateklaw.com/contact/"> contact us online </a> for a free consultation. </p> </div> <div data-rss-type="text"> <p> <a href="/what-to-do-when-the-fifth-district-court-of-appeals-in-florida-dismisses-your-case-for-lack-of-jurisdiction/"> What to do when the Fifth District court of appeals in Florida dismisses your case for lack of jurisdiction. </a> </p> </div> <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> Mon, 15 May 2023 07:10:00 GMT https://www.swiateklaw.com/what-to-do-when-the-fifth-district-court-of-appeals-in-florida-dismisses-your-case-for-lack-of-jurisdiction thumbnail https://www.swiateklaw.com/what-is-a-diversion-program Originally posted on Glenn M. Swiatek .Diversion offers are plea offers negotiated with the State Attorney. There are five programs offered in the First Judicial Circuit which is the Circuit for Escambia, Santa Rosa, Okaloosa and Walton Counties. Pre-trial Diversion, the misdemeanor program, and Pre-trial Intervention, […] The post What is a Diversion Program? first appeared on Glenn M. Swiatek. <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> <div> <img src="https://irp.cdn-website.com/5c4d4f9d/dms3rep/multi/glennfront-1-150x150.jpg" alt="A man in a suit and tie is sitting in front of a bookshelf." title=""/> <span> </span> </div> <h2> Diversion offers are plea offers negotiated with the State Attorney. </h2> <div data-rss-type="text"> <p> There are five programs offered in the First Judicial Circuit which is the Circuit for Escambia, Santa Rosa, Okaloosa and Walton Counties. </p> </div> <div data-rss-type="text"> <p> Pre-trial Diversion, the misdemeanor program, and Pre-trial Intervention, the felony program can both be risky agreements. A few years ago the State Attorney’s Office altered the terms of the diversion programs. Now all of the diversion programs are “deferred sentencing” agreements. A deferred sentencing agreement means that proceed directly to sentencing if you do not complete the diversion agreement. You no longer have the right to a trial. You do not have the right to present any defenses that you may have. </p> </div> <div data-rss-type="text"> <p> As to Court, or Judge ordered programs, there is only one program. Drug Court. Florida Statute § 921.0026 (m) provides that the Court may offer you this program if you meet certain criteria. First, the offense that you are charged with must be a non-violent felony. Second, you must otherwise score out to state prison time. Drug Court is available if the Judge concludes that a downward departure sentence is the best remedy given your circumstances. </p> </div> <div data-rss-type="text"> <p> You must also meet certain legal criteria. Be aware that the Drug Court program is a also deferred sentencing program. You can also be jailed for minor infractions of the program rules. The other two diversion programs are Mental Health Court and Veterans Court which I will write about in a future article. You can call my office for details on these two programs or the other programs should you need your questions answered now. </p> </div> <div data-rss-type="text"> <p> Keep your eyes open, be realistic about your opportunities for success in the diversion programs and consult an attorney prior to accepting any offer. </p> </div> <h3> How to hire a criminal lawyer in Destin, Crestview, Shalimar, and Fort Walton Beach, Florida </h3> <div data-rss-type="text"> <p> If you or a loved one are facing criminal charges such as drug charges in Destin, Ft Walton Beach, Crestview, Shalimar, 30A, or other areas of <a href="https://g.page/SwiatekLaw"> NW Florida </a> , your highest priority should be to select an experienced criminal defense attorney. </p> </div> <div data-rss-type="text"> <p> Glenn Swiatek has the trial experience to handle your <a href="https://swiateklaw.com/practice-areas/"> criminal charges </a> effectively and is qualified to handle criminal appeals and post conviction relief cases in these areas of the Florida Panhandle: Destin, Fort Walton Beach, Shalimar, Crestview, Niceville, Valparaiso, 30-A, Miramar Beach, Santa Rosa Beach, Freeport, DeFuniak Springs, Navarre, Gulf Breeze, Milton, and Pensacola. </p> </div> <div data-rss-type="text"> <p> Don’t delay, call us now  <b> <a href="tel:+1-850-609-0940"> (850) 609-0940 </a> </b>  or <a href="https://swiateklaw.com/contact/"> contact us online </a> for a free consultation. </p> </div> <div data-rss-type="text"> <p> <a href="/what-is-a-diversion-program/"> What is a Diversion Program? </a> </p> </div> <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> Sat, 08 Apr 2023 11:54:00 GMT https://www.swiateklaw.com/what-is-a-diversion-program thumbnail https://www.swiateklaw.com/what-are-your-avvo-and-better-business-bureau-bbb-ratings Originally posted on Glenn M. Swiatek .AVVO Superb Rated Mr. Swiatek is an AVVO Superb Rated Attorney with a score of 10. AVVO considers  information based on consumer and legal professional confidence relevant to an attorney’s qualifications. This information includes experience, professional achievements, and disciplinary sanctions. A+ BBB […] The post What are your AVVO and Better Business Bureau (BBB) ratings? first appeared on Glenn M. Swiatek. <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> <div data-rss-type="text"> <p> <a href="/what-are-your-avvo-and-better-business-bureau-bbb-ratings/"> What are your AVVO and Better Business Bureau (BBB) ratings? </a> </p> </div> <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> Wed, 20 Apr 2022 00:36:00 GMT https://www.swiateklaw.com/what-are-your-avvo-and-better-business-bureau-bbb-ratings thumbnail https://www.swiateklaw.com/i-was-initially-charged-with-aggravated-assault-with-a-firearm Originally posted on Glenn M. Swiatek .Q: I was initially charged with aggravated assault with a firearm. I was in jail waiting for a court hearing for eight. My Public Defender advised me to take to plea no contest to the lesser charge of aggravated assault […] The post I was initially charged with aggravated assault with a firearm… first appeared on Glenn M. Swiatek. <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> <h2> Q: I was initially charged with aggravated assault with a firearm. I was in jail waiting for a court hearing for eight. </h2> <div data-rss-type="text"> <p> My Public Defender advised me to take to plea no contest to the lesser charge of aggravated assault with a deadly weapon resulting in a probationary sentence. I was never advised there would be immigration consequences. I started my probation without any problems and then Homeland Security Investigations – ICE, detained me. My Public Defender never told me that I would now have problems with immigration. What should I do? </p> </div> <div> <img src="https://irp.cdn-website.com/5c4d4f9d/dms3rep/multi/glennfront-1-150x150.jpg" alt="A man in a suit and tie is sitting in front of a bookshelf." title=""/> <span> </span> </div> <div data-rss-type="text"> <p> <b> Answer: </b> You are going to have to consult with an immigration attorney and a criminal defense attorney. The immigration attorney will handle your bond hearing with ICE. The criminal defense attorney will ascertain whether your plea can be withdrawn. You basically have two problems with your immigrations status. First you pled to a violent crime classified as a felony. Second, you are under supervision with the Florida Department of Corrections. Both of those issues can present huge problems with your immigration status. </p> </div> <div data-rss-type="text"> <p> A substantial amount of my practice is dedicated to postconviction relief. Postconviction relief is the area of criminal law which deals with everything from wrongful convictions and illegal sentences to having a conviction set aside due to misadvice from your trial counsel. Or in this case no advice as to the immigration consequences you know are facing. Postconviction relief constitutes a substantial part of my criminal practice. I would be glad to arrange a free consultation to discuss this matter with you. </p> </div> <div data-rss-type="text"> <p> The issues you face are not only whether your attorney misadvised you or did not advise you as to the immigration consequences, but whether the Court failed to advise you also. It is my experience that the plea agreement that you signed (if your charge was in the First Judicial Circuit (Escambia through Walton)) had information concerning the possibility of immigration consequences. The Court usually goes on record about immigration consequences also. We may have to find another way to get your judgement and sentence vacated. </p> </div> <div data-rss-type="text"> <p> There are also time issues to consider. If your sentence was entered more than two years ago it could be very difficult to have your case considered by the Court. This time limitation could result in the Postconviction Motion never being considered on its merits. It’s important to get started today. You certainly want a criminal defense attorney to research the time limitation issue as soon as possible. </p> </div> <h3> How to hire a criminal lawyer </h3> <div data-rss-type="text"> <p> If you or a loved one are facing criminal charges in Destin, Ft Walton Beach, Crestview, Shalimar, 30A, or other areas of <a href="https://g.page/SwiatekLaw"> NW Florida </a> , your highest priority should be to select an experienced criminal defense attorney. </p> </div> <div data-rss-type="text"> <p> Glenn Swiatek has the trial experience to handle your <a href="https://swiateklaw.com/practice-areas/"> criminal charges </a> effectively and is qualified to handle criminal appeals and post conviction relief cases in these areas of the Florida Panhandle: Destin, Fort Walton Beach, Shalimar, Crestview, Niceville, Valparaiso, 30-A, Miramar Beach, Santa Rosa Beach, Freeport, DeFuniak Springs, Navarre, Gulf Breeze, Milton, and Pensacola. </p> </div> <div data-rss-type="text"> <p> Don’t delay, call us now  <b> <a href="tel:+1-850-609-0940"> (850) 609-0940 </a> </b>  or <a href="https://swiateklaw.com/contact/"> contact us online </a> for a free consultation. </p> </div> <div data-rss-type="text"> <p> <a href="/i-was-initially-charged-with-aggravated-assault-with-a-firearm/"> I was initially charged with aggravated assault with a firearm… </a> </p> </div> <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> Thu, 15 Apr 2021 13:42:00 GMT https://www.swiateklaw.com/i-was-initially-charged-with-aggravated-assault-with-a-firearm thumbnail https://www.swiateklaw.com/last-defendant-charged-in-fwb-shooting-death-sentenced Originally posted on Glenn M. Swiatek .FORT WALTON BEACH — Gaige Monfils, the last of seven people initially facing murder charges in connection to the May 17 death of 19-year-old Cordell Smart, has pleaded to a lesser charge. Glenn Swiatek, who represented Monfils, disputes a Sheriff’s […] The post nwfdailynews.com: Last defendant charged in FWB shooting death sentenced first appeared on Glenn M. Swiatek. <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> <div data-rss-type="text"> <p> <a href="https://www.nwfdailynews.com/news/20191015/last-defendant-charged-in-fwb-shooting-death-sentenced" target="_blank"> Read the entire October 15, 2019, article by Tom McLaughlin at nwfdailynews.com </a> </p> </div> <div data-rss-type="text"> <p> <a href="/last-defendant-charged-in-fwb-shooting-death-sentenced/"> nwfdailynews.com: Last defendant charged in FWB shooting death sentenced </a> </p> </div> <div data-rss-type="text"> <p> <a href="https://swiateklaw.com"> Glenn M. Swiatek </a> </p> </div> Fri, 18 Oct 2019 00:18:00 GMT https://www.swiateklaw.com/last-defendant-charged-in-fwb-shooting-death-sentenced