Criminal Defense
Frequently Asked QuestionsWhat cases have you handled?
Our office has handled many types of criminal cases. Some types are as follows:
- DUI Criminal DEFENSE (including Physical Control)
- Reckless Driving, Negligent Driving and other criminal traffic offenses
- Felony and misdemeanor drug charges
- Domestic violence cases
- Violent crimes including Assault and Robbery
- Harassment
- Resisting Arrest and Failure to Obey a Police Officer
- Theft, Burglary and Trespass
- Sex Offenses
Do you assist in vacating convictions and restoration of gun rights?
Yes. You may be eligible to have your conviction vacated and your record sealed. We can help you with this.
A past conviction may have also resulted in the loss of your right to possess a firearm. This is an important right to many people – a fundamental right guaranteed by the Second Amendment. Contact our office if you are interested in having this right restored.
What Does “Domestic Violence” Mean?
“Domestic violence” is a catch-all tag that can be placed on any number of different crimes. Usually, you will know that you’ve been charged with a domestic violence offense if the letters “DV” appear after the underlying charge. For example, you could be charged with “Assault-DV” or “Harassment-DV.” The “DV” tag can be added to almost any crime where the offense is committed between family or household members. Assaults, harassment, stalking and malicious mischief are some of the most common DV offenses. Some of the crimes do not involve actual physical violence between the parties.
What is a Protection Order?
A protection order is a court order that states that one person cannot have contact with or come near another person. Protection orders come in several varieties, the most common of which are:
- Domestic Violence Protection Orders
- Anti-Harassment Protection Orders
There are other, less common, types of protection orders including sexual assault protection orders and vulnerable adult protection orders.
What to Do If You’ve Been Served with a Protection Order?
Take it seriously. Do not violate any terms of a Temporary Protection Order. A violation of a protection order is a criminal offense. These orders can be devastating. A protection order can require that you no longer go to your own home, business or school. They can affect your ability to get a job in the future, particularly if you work in the health care industry or with children or vulnerable adults.
When a person requests a protection order the court will issue a temporary order based solely on the information that that person puts in their petition. The court is then required to hold a hearing within 14 days to determine if the temporary order should remain in effect.
There are defenses to protection orders. Because the hearing is held in such a short amount of time after the temporary order is issued, it is essential that you talk to an attorney right away. Time is of the essence. Your attorney will need to help you gather sworn written statements from witnesses and otherwise gather any evidence that you hope to present at the hearing.
At the hearing, the normal rules of evidence generally do not apply. The court can consider hearsay, for example, which would not be admissible in almost any other type of court proceeding.
Domestic Violence and Your Right to Possess a Firearm
Domestic violence offenses have important consequences for your right to possess a firearm. If your firearm rights are important to you, you need to make sure that your attorney is protecting those rights.
What can happen during the domestic violence process?
If you’ve been charged with a domestic violence charge, you were probably locked up in jail and ordered not to go home after you were released.
The courts almost always place a No-Contact-Order between the parties. This means that the person charged cannot return home, cannot speak to the other party and oftentimes cannot even see their own children.
Our office will work to get the no contact order lifted so that you can return home, minimize the impact on you and your family, and protect your rights.