Since 1976 The Matassini Law Firm has been protecting the rights of the criminally accused for both state and federal cases. Convictions for criminal offenses can have devastating consequences for the defendant and his or her family. It is no surprise that criminal charges can have a significant impact on employment, education, one’s reputation in the community, and every other facet of one’s life, not the least of which is our liberty. Our dedicated team of attorneys and staff provide the solid foundation necessary for the vigorous defense of a criminal case. In addition our roster of nationally renowned experts in the fields of medicine, ballistics, accident reconstruction, the forensic sciences, and drug enforcement provide us with the ability to hire the best experts to help you defend your case.
Classifications of Offenses
Felonies: A felony is any criminal offense punishable by death or incarceration in a state correctional facility for a period exceeding one year.
Misdemeanors: A misdemeanor is any criminal offense punishable by incarceration in a county correctional facility for less than a year.
Noncriminal Violations: Only felonies and misdemeanors are considered “crimes” under Florida law. Noncriminal violations are offenses punishable by no more than a fine, forfeiture, or other civil penalty.
Traffic Infractions: Generally, traffic infractions are noncriminal violations. However, some traffic violations, such as Driving Under the Influence and Reckless Driving, are “criminal offenses” and may be classified as misdemeanors and felonies.
Federal Constitutional Requirements Binding On All States
The following individual rights have been held binding on the states under the due process provisions of the Fourteenth Amendment to the US Constitution:
Search & Seizure
The Fourth Amendment provides that people should be free in their persons from unreasonable searches and seizures.
For example, certain searches and seizures are considered to be reasonable only if the government has first obtained a warrant authorizing the action (i.e. taking your computer as evidence), while other searches and seizures are reasonable without a warrant (i.e. traffic stop followed by search because contraband in plain view).
Arrests and Other Detentions
Governmental detentions of persons, including arrests, are considered seizures of the person and must comply with the Fourth Amendment. Whether a seizure of a person is reasonable depends on the scope of the seizure (e.g. is it an arrest or merely an investigatory stop?) and the strength of the suspicion prompting the seizure (e.g. an arrest requires probable cause while an investigatory stop only requires a reasonable suspicion).
Generally, it is obvious when law enforcement arrest or seize a person. When it is not obvious, the Supreme Court has indicated that a seizure occurs only when a reasonable person would believe that he or she is not free to leave. The courts have interpreted this to require a physical application of force by the officer or a submission to the officer’s show of force.
Police, generally, do not need to obtain a warrant before arresting a person in a public place, even if they have time to get a warrant. However, police must have an arrest warrant to make a non-emergency arrest of an individual in his or her own home or apartment.
An unlawful arrest, by itself, has no impact on a subsequent criminal prosecution. Thus, if the police improperly arrest a person they may detain him if they have probable cause to do so, and the invalid arrest is not a defense to the criminal offense charged. Of course, evidence obtained that is a fruit of the unlawful arrest generally may not be used against the defendant at trial because of the exclusionary rule.
Police have the authority to briefly detain a person for investigative purposes even if they lack probable cause to make an arrest. To make such a stop police must have a reasonable suspicion supported by articulable facts of criminal activity or involvement in a completed crime. If the police also have a reasonable suspicion to believe that the person detained is armed and dangerous, they may also conduct a frisk ( a limited search) of the person to search for weapons.
What are my basic rights when confronted by law enforcement?
You are protected by the rights guaranteed under the United States Constitution even if you are not a citizen. If you are in “custody” a law enforcement officer MUST inform you of your Miranda Rights before they ask you questions. You are in “custody” if you are not free to leave. Obviously in some situations it is readily apparent that you are not free to leave like when you are in the back of a police car in handcuffs or stopped at gunpoint. But what about less obvious situations like an encounter on the street or a traffic stop. If you do not know whether you are free to leave ask the law enforcement officer. If he or she tells you “no” then you are in custody. Immediately after finding out you are in custody ask to speak with an attorney and exercise your right to remain silent. Your Miranda warnings must include these minimum requirements.
CONTACT THE MATASSINI LAW FIRM TO DISCUSS YOU LEGAL RIGHTS. A DELAY COULD JEOPARDIZE YOUR CASE.
BOND HEARINGS AND MOTION WORK
The Matassini Law Firm has extensive experience representing defendants at bond and motion hearings. Our experience allows us to persuasively and effectively argue on your behalf through motions to set or reduce bond, motions to terminate probation, and motions to modify conditions of pre-trial release.
All persons in custody for the alleged commission of a crime are entitled to pre-trial release on reasonable condition, unless (1) charged with a capital offense or an offense punishable by life in prison, and (2) the proof of guilt is evident or the presumption of guilt is great. However, if no condition of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the individual process, then the accused may be detained.
It is important to note that your bond may be revoked for failing to comply with the conditions of your pre-trial release. This means that if you commit a new crime while out on bond a prosecutor may revoke your bond and you will sit in jail until your cases are resolved.
In addition to appearing on your behalf at a bond hearing, The Matassini Law Firm can represent you for the purposes of getting your probation terminated early, modifying conditions of your pre-trial release, correcting any errors in your sentence, getting the proper credit for time served and gain time to name a few. A skilled attorney will know how to present your situation in the best possible light so as to have the best chances of achieving the desired result.
Call The Matassini Law Firm for a free consultation to protect your legal rights. Our hard work and dedication has merited the distinction of an AV rating by Martindale-Hubbel. This is the highest rating given by this nationally recognized legal publication published for lawyers and where the ratings are given out by lawyers. Only five percent of America’s attorneys receive this rating.
DRIVING UNDER THE INFLUENCE AND BOATING UNDER THE INFLUENCE
A DUI or BUI conviction can have devastating consequences on your employment, insurance rates, driving record, and your freedom. The Matassini Law Firm understands that traffic stops can be a frightening experience, especially when the officer asks you if you have been drinking. What do you do? Contact us for a free consultation to go over your legal rights and the strengths and weaknesses of your case.
It is extremely important that you contact an attorney immediately after being arrested for a DUI. Make sure you read all paperwork given to you as a result of your arrest.
To convict you of DUI in a jury trial the prosecutors must prove beyond a reasonable doubt that
DUI Penalties
Mandatory first time sanctions may include:
Convictions for multiple DUI offenses are severe.
If you have a prior DUI conviction or multiple DUI convictions, you may face mandatory jail time if convicted and could have felony DUI charges filed against you.
First Time DUI’s Causing Serious Bodily Injury or Death are Felonies
DUI resulting in serious bodily injury is a 3rd Degree Felony punishable by up to 5-years Florida State Prison.
DUI manslaughter is a 2nd Degree Felony punishable by up to 15 years Florida State Prison.
Call The Matassini Law Firm for a free consultation to protect your legal rights. Our hard work and dedication has merited the distinction of an AV rating by Martindale-Hubbel. This is the highest rating given by this nationally recognized legal publication published for lawyers and where the ratings are given out by lawyers. Only five percent of America’s attorneys receive this rating.
DOMESTIC VIOLENCE
Florida law requires that a person arrested for a domestic violence crime be held without bond until he or she is brought before a judge the following day to address eligibility for bond. In many situations the court, if it sets a bond, will require the defendant to have “no contact” with the alleged victim of the domestic violence. This can create a multitude of issues for all parties involved. You owe it to yourself and your family to seek representation from an “AV” rated law firm in these situations.
Convictions for domestic violence offenses with injury to the victim now carry a minimum mandatory sentence of 5 days in jail. Domestic violence based charges vary from 1st degree misdemeanors to 1st degree felonies depending on the facts of the case. These types of cases are usually treated with more seriousness from law enforcement and prosecutors.
Frequently Asked Questions
Q: What happens when the alleged victim files a Restraining Order or a Domestic Violence Injunction?
A: You must comply with the terms of the injunction or order unless it has been modified by a judge. They typically last one year in duration but can be permanent if the facts are serious enough. The person who has been ordered to have no contact with the alleged victim typically must surrender any firearms he or she possesses and must attend Domestic Violence Intervention classes.
Q: Is it a crime to violate the terms of an injunction?
A: Yes. Violation of a Domestic Violence Injunction is a first degree misdemeanor punishable by up to a year in the county jail.
Q: Why couldn’t I bond out of jail after being arrested?
A: Domestic violence arrestees are not allowed to post bond until you are brought before a judge pursuant to Florida Law.
Q: Can I get this offense sealed and expunged?
A: No. Unlike many other types of crimes, domestic violence charges stay on your record permanently unless you win at trial or the charges are dismissed.
Call The Matassini Law Firm for a free consultation to protect your legal rights. Our hard work and dedication has merited the distinction of an AV rating by Martindale-Hubbel. This is the highest rating given by this nationally recognized legal publication published for lawyers and where the ratings are given out by lawyers. Only five percent of America’s attorneys receive this rating.
DRUG OFFENSES
Getting caught for a drug offense can have more serious implications than most people think. Generally illegally possessing any controlled substance, other than marijuana, is a felony. As a result, all of these cases carry the possibility of jail or prison. Unfortunately, felony probation is very difficult for most people and violations are not uncommon, thus subjecting the defendant to incarceration or having more severe restrictions placed on their liberty.
Some drug offenses are considerably more serious than simple possession like possession with intent to sell, delivery, and trafficking. Trafficking offenses carry minimum mandatory prison sentences and receive special attention from law enforcement and prosecutors. This means that although you may not be sentenced to the maximum number of years in prison, you still must serve a minimum number of years in prison (typically 3 years). Defendants arrested for these types of offenses need an experienced law firm to handle the multitude of legal and factual issues that arise during the course of the case.
| Charge | Severity | Maximum Sentence |
| Possession of cannabis under 20g | 1st degree misdemeanor | One year jail |
| Possession of cannabis over 20g | 3rd degree felony | 5 years prison |
| Possession of paraphernalia | 1st degree misdemeanor | One year jail |
| Purchase of cannabis | 3rd degree felony | 5 years prison |
| Possession of cocaine | 3rd degree felony | 5 years prison |
| Sale of cocaine | 2nd degree felony | 15 years prison |
| Sale of cocaine within 200 ft of park | 1st degree felony | 30 years prison |
| Trafficking in Cannabis | 1st degree felony | 30 years prison |
| Trafficking in illegal drugs | 1st degree felony | 30 years prison |
The Matassini Law Firm offers a free a consultation for you to personally and confidentially meet with one of our criminal defense attorneys to discuss your case. We have extensive experience in defending drug cases from the early “pre-file” stages of the case, to motions to suppress illegally obtained evidence, to jury trial. Our hard work and dedication has merited the distinction of an AV rating by Martindale-Hubbel. This is the highest rating given by this nationally recognized legal publication published for lawyers and where the ratings are given out by lawyers. Only five percent of America’s attorneys receive this rating.
VIOLENT CRIMES
The The Matassini Law Firm has extensive experience defending violent crimes like murder, aggravated battery, and robbery. These cases need to be investigated and defended thoroughly by an experienced firm. The consequences of being convicted for an offense of this nature is generally a mandatory adjudication and a substantial prison sentence. The legislature has enacted 10-20-Life statutes for violent crimes committed with a firearm. First degree premeditated murder is eligible for the death penalty should there be aggravating factors present.
Call The Matassini Law Firm for a free consultation to discuss the strengths and weaknesses of your case. Our hard work and dedication has merited the distinction of an AV rating by Martindale-Hubbel. This is the highest rating given by this nationally recognized legal publication published for lawyers and where the ratings are given out by lawyers. Only five percent of America’s attorneys receive this rating.
EXPUNGEMENT/SEALING OF RECORDS
A criminal record can stay with you for the rest of your life. It can have a negative impact on finding a new job, housing, or even a loan. Call The Matassini Law Firm for a free consultation to find out if you qualify to have your criminal record sealed or expunged.
Florida Statues 943.0585 and 943.059 govern this process. There are numerous statutory requirements that must be met before you may have your criminal record sealed or expunged. An experienced attorney will be able to explain the process to you and discuss your available options.
Call The Matassini Law Firm for a free consultation to protect your legal rights. Our hard work and dedication has merited the distinction of an AV rating by Martindale-Hubbel. This is the highest rating given by this nationally recognized legal publication published for lawyers and where the ratings are given out by lawyers. Only five percent of America’s attorneys receive this rating.
|
The personal injury information offered by Tampa, Florida personal injury Lawyer and contained herein, regarding Tampa, Florida personal injury statutes and Tampa, Florida personal injury claimants' rights, is general in scope. NoTampa, Florida personal injury attorney / client relationship with our Tampa, Florida personal injury attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Tampa, Florida personal injury lawyer regarding your specific inquiry. See Terms of Use. |