Pretrial Investigation in Sarasota, FL

We at Pallegar Law, P.A. are aware that no matter how many times we ask you to describe the events that led to your arrest, review the evidence that we discovery from the prosecutor, or go over the hundreds of photos we take of the crime scene, we were not present when you got arrested. Therefore, as Sarasota Criminal Defense Lawyers we never really know the entire story first hand. There will always be parties to the event and witnesses who know the details and nuances of your case better than us. This is a reality of almost every criminal defense attorney faces.

However, through the discovery process, through our investigator, through our own research and hard work we often are able to find a defense that is favorable to your case. In many of our cases, this hard work has led to charges being dropped and clients being set free many of which were facing serious probationary consequences or even worse long prison sentences.

Photographs and videos are invaluable pieces of evidence since they depict the events as they unfold or shortly after. Furthermore, they present great to jurors. Jurors love anything and everything visual. As Sarasota Criminal Defense Attorneys visual aids work great in a motion or trial especially if they contradict the State Attorney’s version of events.

Pre-trial motions are an essential part of any successful criminal defense practice. Filing the appropriate pre-trial motion provides an opportunity to get your case dismissed or reduced instead of actually going to trial. Pre-trial motions are typically filed if there are procedural or substantive legal issues with your case. Procedural motions must be filed in every case and are discovery related. On the other hand substantive motions are only filed if there is reason to suppress evidence potentially leading to a complete case dismissal.

The Supreme Court of Florida has determined that there are three levels of police-citizen encounters. Popple v. State, 626 So.2d 185, 186 (Fla. 1993). The first level is called a consensual encounter and involves minimal contact with the police. This is when you communicate with law enforcement using your own free will and no coercion. Under this encounter, you are free to stop talking at anytime.

The second level is known as an investigatory stop or Terry stop. Terry v. Ohio, 392 U.S. 1 (1968). A Terry stop allows a police officer to “reasonably detain a person temporarily if the officer has reasonable suspicion that the person has committed a crime.” This stop includes a general exterior “pat down” of the potential suspect. For an investigatory stop to be legal the police officer must have actual, articulable suspicion not just a mere hunch that a crime has been committed.

The third level of encounter is what leads to an arrest. The police officer must have probable cause that crime has been committed or is being committed. Probable cause is loosely defined as the facts and circumstances that would lead an ordinary prudent person using common sense to determine that a crime has been committed and the person or persons apprehended are responsible for that crime.

In Tampa, motions in limine are filed before the actual trial commences. Motions in Limine are typically used by the court to address issues in advance so either party does not surprise the court and use them as an evidentiary tactic during the trial.

According to Rule 3.190(a), all pretrial motions and pleadings shall be made in writing and signed by the party or attorney. This requirement maybe waived by the court if good cause is shown. Every motion and/or pleading shall clearly state the grounds on which it is based. A copy shall be served on the opposing party this includes a certificate of service.

If you have been arrested in Sarasota or Tampa and need an experienced criminal defense attorney or DUI lawyer contact us by calling 813-444-3912 in Tampa or 941-893-5816 in Sarasota for a no risk, free consultation.