Marc Pelletier

What Does Withhold of Adjudication Mean? St. Petersburg / Clearwater criminal defense attorney, Marc Pelletier explains this term and how it can benefit you in your Pinellas County arrest and charge.

One of the most common questions that I am asked is what is a “Withhold of Adjudication” and how could it benefit me?

A withhold of adjudication is a valuable sentencing outcome. It is intended to give first time offenders and those with a minimal prior criminal record “one free bite at the apple” by avoiding a formal conviction.

If we secure a withholding of adjudication as part of your sentence it means that you can truthfully state thereafter that you were “not convicted” of the criminal offense. You do not suffer the stigma of a criminal conviction or the negative consequences that can impact you quality of life.

A withhold of adjudication is a far superior outcome when compared to an “adjudication of guilt.” An adjudication of guilt means you were “convicted” of the crime. Criminal convictions will often cause all sorts of collateral damage and interfere with educational endeavors, employment, or licensing opportunities. For example, a criminal conviction can prevent you from obtaining a nursing license, a contractor’s license, a real estate license, or a teaching certification.

A conviction for any drug related offense in Florida causes a mandatory two-year driver’s license suspension. A conviction for a crime of untruthfulness or dishonesty such as shoplifting, or bad checks, will damage your reputation, credibility, and trustworthiness. Some convictions may make you ineligible to have a concealed weapon or firearm license. Furthermore, an “adjudication of guilt” on a felony will cause you to lose your right to vote, sit on a jury, or own, use, and possess a firearm.

On the other hand, a “withhold of adjudication” avoids all of these obstacles and puts you in a position to move on with your life. Many of our clients are pleased to learn that obtaining a withhold of adjudication can often enable them to have us seal all of the public records associated with their arrest and criminal court proceedings.

If you have a pending Pinellas County criminal charge, we can help. Before you ever step foot into the courtroom, preparation and planning is crucial for optimizing your chances to achieve a withhold of adjudication. We invite you to meet with us to discuss the facts of your case and to develop a strategy that is focused on achieving an outcome that avoids a formal conviction.

Call us today to schedule a free consultation at (727) 578-0303

Pinellas County criminal defense attorney, Marc Pelletier, explains the charge of violation of probation.

Whether you are facing a technical violation of probation or a substantive violation of probation, we can help. There may be options in your case that can result in a positive outcome or dismissal of the violation.

Call us for a free consultation at 727-578-0303

Marc Pelletier, a St. Petersburg / Clearwater Florida criminal defense attorney explains the charge of doctor shopping also known as withholding information from a medical practitioner.

If you have been arrested for the criminal offense of doctor shopping or withholding information from a medical practitioner, we can help
.
It is likely that your charge came as a result of a pharmacist’s or physician’s cooperation with law enforcement. We are also seeing an increasing amount of cases that were “jump started” by information obtained from Florida’s prescription database. In their zeal to prosecute these cases, we found that law enforcement officers often take illegal short cuts to secure medical records. Illegally obtained records can’t be used against you in court. We can investigate the means by which evidence was gathered in your case and determine its admissibility. You should know that the medical records held by your doctor are protected by your right to privacy found in the Florida Constitution and in Florida State Law.

Florida courts have repeatedly found that police officers who fail to get a proper subpoena or warrant are prevented from later using the medical records they obtained to help prove a doctor shopping case.
On the other hand, if the medical evidence in your case was secured lawfully, we may be able to help by showing you had a legitimate reason for visiting two or more doctors. We can secure medical documentation that supports your claim that you previously suffered a legitimate injury or you have a physical disability that necessitates pain management.

Some clients want to know what proactive steps they can take after their arrest. In such cases we may suggest a substance abuse evaluation in anticipation of a possible transfer into Pinellas County Drug Court. Participation in this specialized court room can result in the dismissal of charges and avoiding a felony conviction.
We have represented a large number of clients arrested and charged with prescription pill offenses in Pinellas County. Our objective is to tailor a strategy designed to avoid a felony conviction and incarceration. In many situations, a client’s case can be resolved in such a way that they may even be eligible to have their records sealed or expunged.

Visit our website for more inforamtion: https://defensehelp.com/felony-criminal-charges-lawyer/doctor-shopping

Or call us for a free consultation

St. Petersburg / Clearwater Florida criminal defense attorney explains the felony charge of Traveling to Meet a Minor.

If you are watching this online video, it is most likely because you or a family member have recently been arrested in the Clearwater or St. Petersburg area for the felony offense of traveling to meet a minor. Recently, local law enforcement has taken the initiative to devote a substantial amount of investigative time an expense to create “Catch a Predator” type sting operations. In fact, on January 27. 2014, our elected Pinellas County Sheriff held a major media press conference. He was accompanied by the Internet Crimes Against Children Task Force. The Pinellas Sheriff told reporters that he viewed the crime of Traveling to Meet a Minor as the number one safety issue in Pinellas County. He further announced that these offenses had now taken precedence over the pain pill epidemic and had become the number one priority of local law enforcement.

The lawyers in our office have done extensive research on this topic. You should know that in the first six months of 2014 there were in excess of 50 people arrested in Pinellas County for the criminal offense of Traveling to Meet a Minor. This is a rather glaring statistic when you consider that during the preceding eight and a half years a total of only 16 people were arrested for this same charge.

The redirection of investigative resources on the part of law enforcement represents a 5,500% increase in the number of individuals being arrested for this offense. There seems to be a sense of “moral panic” that appears to be driving these sting operations and the large number of arrest.

You should meet with us to discuss law enforcements tactics and the individual facts in your case. For example:

• Did the police use or misuse language and schematics to fool you?
• Did the police deliberately use words when communicating with you that could have a double meaning?
• Did the police intentionally overlap conversations or engage in a rapid-fire dialogue that was designed to make it seem as if one or more of your responses applied to a different subject matter or topic?
• Did the police make efforts in their communications with you to downplay, hide or camouflage the age of the fictional victim they were portraying?
• Did the police take innocuous or harmless words used by you and then assign them incriminating meaning?

We need to consider whether there was an entrapment or a lack of criminal intent to commit a crime. At your initial consultation, we can discuss which options and strategies may be in your best interest. A coordinated and well-crafted strategy may later prove instrumental in achieving the best final outcome. If you have been charged with Traveling to Meet a Minor, Florida’s Criminal Punishment Code calls for a mandatory State Prison Sentence if convicted.

We have a long history of aggressively representing clients who are facing serious charges for targeted prosecutions.

Call us today for a free consultation.

For more information you can visit our webpage: https://defensehelp.com/felony-criminal-charges-lawyer/traveling-to-meet-a-minor-florida

St. Petersburg / Clearwater Attorney, Marc Pelletier discusses the felony charge of Burglary to a Conveyance. We are attorneys in Pinellas County Florida who can help. If you have been charged with the criminal offense of burglary to a conveyance, call our office today at 727-578-0303 for a free consultation.

“Burglary to a conveyance” is the legal description of a crime more commonly referred to as “auto burglary.” Common examples of a “conveyance” as defined by Florida law include motor vehicles and boats. This offense is categorized as a felony of the third degree and carries penalties of up to five years in Florida State Prison and up to a $5,000.00 fine. Given the threat of incarceration and the ramifications of becoming a convicted felon, it is imperative that you speak with an experienced lawyer if you or a family member are charged with this offense.
The prosecutor must prove that you “entered” the conveyance with the intent to commit a crime once inside. In other words, breaking a car window might constitute the misdemeanor offense of “criminal mischief,” but would not rise to the level of a “burglary.” Removing tires and rims from a car would be appropriately charged as a theft offense, but it would not lawfully constitute the offense of burglary, since it lacked the critical element of “entry.”
Now, if someone enters a conveyance without the permission or consent of the owner and thereafter removes personal property, they can also be charged with “petit theft” if the value of the property was under $300.00 or felony “Grand Theft” if the item’s value totals three hundred dollars or more.
The facts of each burglary case are unique. For example, at an initial consultation, we will want to know if the police are likely to have secured matching latent fingerprints from the vehicle. Did you simply exercise bad judgment because you were impaired by alcohol or drugs at the time of the offense? Did you actually enter the vehicle, or did you play a lesser role, such as simply acting as a “look out”? Given the facts and circumstances of your case, we will decide if an early intervention with the prosecutor could be successful in persuading him to limit the number of formal charges or to file a lesser offense.
The criminal defense attorneys in our office routinely represent clients charged with these offenses. Our clients are sometimes arrested for a single criminal episode that involved the burglary of more than one automobile. In some cases, the vehicles had been left unlocked by their owners. And… surprisingly, many thefts often involve items of little monetary or sentimental value. For example, sunglasses, CDs, ball caps or loose change. You should know that the “unlocked” nature of the vehicle, the lack of physical damage to the car or the insignificant nature of the property taken, does not constitute a legal defense to this crime. Nevertheless, we often use these kinds of factors in our effort to limit the number of charges filed, mitigate the punishment and to avoid a formal felony conviction. Obviously, “making the victim whole” by either returning the property or compensating him for his loss can also go a long way in achieving the best possible outcome.
If you have been charged with Burglary to a Conveyance we can help you in several different ways. Talk to us about your eligibility to participate in the PTI diversion program which is designed to result in the dismissal of your criminal charges. Learn how a “withhold of adjudication” can prevent you from being a convicted felon and the criteria for the sealing of criminal arrest records.
You are invited to schedule a free consultation so we can discuss the facts of your case and to explore the best strategy for achieving the objectives most important to you.

St. Petersburg & Clearwater Florida attorney, Marc Pelletier with Russo Pelletier & Sullivan discusses strategies for resolving theft charges in Pinellas County.

A theft offense, regardless of the value of the items allegedly taken is considered a crime of dishonesty or untruthfulness and carries with it ramifications that go far beyond the penalties that might be imposed by the criminal justice system. It can impact your chances for employment, to obtain certain professional licenses and will call your credibility into question from that point forward. Our objective in handling theft related charges is to:
1.) Eliminate the threat of incarceration;
2.) Avoid a formal conviction;
3.) Structure the final outcome to remit the subsequent sealing or expungement of your records of arrests, if at all possible.

If your arrest was a mistake or if the allegations against you are false, we can fight the charge. Legal defenses can include the fact that other people had equal access to the property, a lack of intent on your part to commit a theft, or a simple mistake made through in-attention or carelessness.
Sometimes it makes sense to have us intervene early. We might arrange for the upfront payment of restitution or the immediate return of the property at issue. This can, at times, allow us to convince the State not to prosecute, or voluntarily withdraw the charge against you. Even if you have been caught red-handed, our office may still be able to formulate an effective strategy designed to avoid the negative consequences of a theft offense.
At your initial consultation, we can discuss your eligibility to participate in a diversion program designed to result in the dismissal of the charge. In the alternative, we can seek to avoid a formal conviction on your record through the withholding of adjudication of guilt. Every theft related offense is different. Schedule a free consultation at our office so we can discuss the particular facts and circumstances with you. We are attorneys who can help.

Bay News 9 Report on DUI - New Year's Day 2007. Features Interview of St. Petersburg / Clearwater Florida DUI defense lawyer Marc Pelletier, of the Pinellas County Law Firm Russo & Russo, P.A.
http://www.duistpetersburglawyer.com