Petition for Injunction Against Domestic Violence

If you have been served with a petition for a domestic violence injunction for any case in the Tampa Bay area including Hillsborough County or Pinellas County, contact an experienced domestic violence attorney at the Sammis Law Firm to discuss possible ways to fight the case. Read more below about possible ways to fight the petitioner for injunction against domestic violence...

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On December 22, 2008, the Sammis Law Firm represented a Tampa man whose wife had filed a Temporary Injunction for Protection Against Domestic Violence with Children (restraining order) against him in Hillsborough County, Florida. The hearing was scheduled for December 22, 2008 in front of the Honorable Raul Palomino, Circuit County Judge, George E. Edgecomb Courthouse, 800 East Twiggs St. The wife was represented by an attorney and testified that she wanted to go forward with obtaining a restraining order against her husband to prevent him from returning to his home or seeing his child except during "supervised visitation." During the hearing on cross-examination the wife admitted that after she filed the temporary restraining order she contacted her husband by phone and also by going to his parents house to see him.

The Court found her allegations about domestic violence in the home insufficient to continue the injunction and dismissed her case against her husband on December 22, 2008.

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If you are the respondent who has been served with a Florida Temporary Injunction for Protection Against Domestic Violence, contact an experienced domestic violence attorney in Tampa, Florida to represent you for any case pending in Hillsborough County. Restraining orders are serious legal remedies that can have serious collateral consequences, including impacting your future employment opportunities and causing you to lose certain civil rights, including the right to carry a firearm.

Tampa Man's Habitual Traffic Offender Revocation

A Tampa man's prior conviction for driving while license suspended (DWLS) without knowledge under Florida Statutes 322.34(1) was set vacated and set aside on December 23, 2008 at the Traffic Court Division, Floriland Business Center, in Tampa, Florida.

The vacated ticket for DWLS without knowledge was one of the three offenses that had caused the Tampa man to receive letter entitled "Order of License Revocation, Suspension or Cancellation" from the Florida Department of Highway Safety and Motor Vehicles (DHSMV) Division of Driver Licenses. That letter from the DHSMV notified the Tampa man that his driving privilege was revoked be the State of Florida for a period of five (5) years because of Florida Statute 322.27(5), the Florida Habitual Traffic Offender Statute. This driver has previously represented himself in resolving several prior civil traffic infractions without completely understanding the legal consequences. By hiring an attorney he was able to lift that habitual traffic offender status, clearing the way for him to reinstate his license.

By vacating one of the underlying offenses for a driving while license suspended without knowledge ticket received in Hillsborough County, Florida, the man will now be able to reinstate his Florida driver's license without suffering under the five year habitual traffic offender suspension. After a habitual traffic offender suspension an individual must serve an entire one year of revocation (without any privilege to driver for any reason) before becoming eligible for a hearing on receiving a hardship license. Additionally, many auto insurance carriers classify a driver as high risk and require higher insurance premiums for at least the next 3 years after such a suspension.

If you have been arrested for driving while license suspended, contact a Tampa habitual traffic offender attorney at the Sammis Law Firm by calling 813-250-0500 for a free consultation to discuss your case before you go to court or pay the ticket. If you have already received notice from the DHSMV because of a driver license suspension, contact an Tampa criminal attorney to see if that suspension can be vacated or set aside so that you can clear the habitual traffic offender status.

Florida Trafficking in Cocaine and Conspiracy to Traffic in Cocaine Reversed because of Violation of Miranda Warning

One of the most serious drug offenses under Florida law is Trafficking in Cocaine because of the minimum mandatory sentences involved. If you have been arrested for Trafficking in Cocaine, or Conspiracy to Traffic in Cocaine, contact an experienced Drug Trafficking Attorney to discuss your case and potential defenses to the charges. At the Sammis Law Firm, we represent individuals charged with Trafficking in Cocaine and Conspiracy to Traffic in Cocaine in Hillsborough County, Polk County, Pasco County, and Pinellas County. Whether you were arrested for Trafficking in Cocaine or Conspiracy to Traffic in Cocaine in Tampa, Clearwater, St. Petersburg, Bartow, Dade City, or New Port Richey, contact an experienced Tampa Drug Trafficking Attorney to discuss your case. Visit our main website for more information on Trafficking in Cocaine.

A recent decision from the Florida Fourth Judicial Court of Appeals demonstrates the types of motions that can be filed and successfully litigated in a case involving trafficking in cocaine or conspiracy to traffic in cocaine. In Kessler v. State, 991 So.2d 1015 (Fla. 4th DCA 2008), the Court reversed the Defendant's conviction for trafficking in cocaine and conspiracy to traffic in cocaine. The Fourth District Court of Appeals made the following rulings:

1. The Detective's discussion with the defendant and request that the defendant reveal his drug supplier and call the drug supplier was part of his in custody interrogation which required Miranda warnings about his right to remain silent and right to have counsel present for any questioning.
2. A tape recording of a phone call the defendant made to his drug supplier was incriminating testimonial communications that should have been excluded (or thrown out of evidence by the judge) because the Defendant had not been read his Miranda warnings; and
3. The trial court made a mistake by allowing the State Attorney's Office to put into evidence a tape recording of the phone call between the Defendant and his drug supplier, and his mistake was harmful and required that the conviction be reversed.

This case demonstrates the type of motions that can be filed and litigated in cases involving trafficking in cocaine or conspiracy to traffic in cocaine in Hillsborough County, Pinellas County, Polk County, Pasco County, Manatee County, or Sarasota County. In many Florida drug trafficking cases, the arresting officers (and sometimes a DEA agents) will pressure the defendant to make statements to blame another individual for criminal wrongdoing in exchange for "a lighter sentence," "getting out of jail," "going easier on the case" or some other promised benefit. If the detective or DEA agent fails to read Miranda, or makes a promise of some benefit in exchange for a confession, that confession may be suppressed by an experienced Tampa Drug Attorney experienced in representing individuals on Drug Trafficking cases, including Trafficking in Cocaine.

If you have been arrested on any drug offense, contact an experienced Tampa Drug Trafficking Attorney at the Sammis Law Firm to discuss your arrest and prosecution today for CONSPIRACY TO TRAFFIC COCAINE, and TRAFFICKING COCAINE, Florida Statutes Section 893.135. You can schedule an office or phone consultation at the Sammis Law Firm, P.A., at (813)250-0500.

Arrested for Driving on a Suspended License?

If you have been ticketed for driving while your license was cancelled, suspended, or revoked, either with or without knowledge of the suspension, call our office to discuss your case with an experience Tampa criminal defense attorney before you go to court. Call 813-250-0500 to speak with an attorney at the Sammis Law Firm in Tampa, Florida. We offer free consultations which can help you decide whether you need an attorney, what a conviction may mean for your privilege to drive and insurance premiums, and how you may be able to avoid a conviction for driving on a suspended license.

Depending on the reason why your driver's license was suspended, you may be eligible for a "clerk's withhold" which is process of avoiding a conviction before the case even goes to arraignment. If you are eligible for a clerk's withhold, however, you must resolve your case for this disposition before the arraignment or the first court date. In other cases, you may have a valid defense to the charge which can result in the entire case being dismissed.

The charge of driving while license suspended (either with or without knowledge) is serious. A conviction can cause a dramatic increase in your insurance premiums for years to come. Most importantly, entering a plea or paying the ticket can cause you to receive a five year suspension of your driver's license as a Florida "Habitual Traffic Offender" if you have three criminal or civil infractions within a five (5) year period.

If you received a citation anywhere in the Tampa Bay area, including Tampa, St. Petersburg, or Clearwater, contact an experienced Tampa suspended license attorney to discuss your case or visit our website for more detailed information on driving while license suspended or revoked.

We represent individuals charged with the Florida offense of driving on a suspended license in Hillsborough County, Pinellas County, Polk County, Pasco County, Mantatee County and the surrounding areas throughout central Florida. The Florida traffic laws are complex and can cause collateral consequences that can effect you for years to come. Before you try and represent yourself without understanding all of the consequences, contact a Tampa criminal attorney for a free consultation to discuss all of your options for resolving your case. For many people, hiring the right attorney can save them money that might otherwise be paid in fines and increased insurance premiums.

Call 813-250-0500 to speak with an attorney today about what options you might have to fight your ticket for driving while license suspended.

Hire a Tampa Criminal Defense Attorney to Help You Petition Quickly to Seal or Expunge a Criminal Record in Florida

Seal or Expunge Florida Criminal Record

Don't let a criminal record keep you from finding your dream job- start the process to seal or expunge your arrest and criminal record today. Many people in Florida suffer the consequences of having a criminal record even through they are eligible to have their record sealed or expunged. Want to know if you are eligible to seal or expunge your Florida Criminal Record? Visit our website for more information on sealing and expunging a criminal record throughout central Florida, including Hillsborough County, Pinellas County, Polk County, Pasco County, Sumter County, Sarasota County, Manatee County or any of the surrounding areas, including Tampa, St. Petersburg, Clearwater, Bartow, Plant City, New Port Richey, and Dade City. Call (813) 250-0500 today to speak with a criminal defense attorney in Tampa about the seal and expunction process.

Click here for more detailed information-sealing and expunging a criminal record.

After an arrest the police report and court information about the case can cause problems with finding employment or receiving a promotion. Whether all of your charges were completely dropped or whether you entered a plea for a withhold adjudication allowing you to avoid a conviction, the criminal record is still a public record that can be viewed by anyone with internet access or during a basic background check.

If you are eligible, sealing or expunging your criminal record (which includes all records related to the arrest such as any police reports, booking information, mug shot, charging document and other court documents) is the only way of putting the consequences of the arrest and prosecution behind you.

By hiring an experienced Tampa criminal attorney to file and litigate your petition to seal or expunge an arrest record you can make sure that you know up front whether you are eligible, that your the application is complete, that the prosecutor's office and FDLE complete their sections without delay, that the final paperwork is considered and signed by the court as quickly as possible. At the Sammis Law Firm, P.A., our goal is to make sure you experience no delay in obtaining the Florida sealing or expunction (expungement). Although you can file the Florida petition to seal or expunge your records without an attorney, many people find that having an experienced local attorney is a low cost way to find out about eligibility requirements, make sure the application is complete, avoid delays, and avoid having to personally appear for the final court hearing that must be scheduled in many jurisdictions in front of the judge in the case.

Having an experienced Tampa attorney file the paperwork to seal your record or expunge your record can save you time, worry, and delay, whether your petition needs to be filed in Hillsborough County, Polk County, Pinellas County, Manatee Count, Pasco County, Sumter County, Hernando County and Sarasota County.

Pursuant to Sections s.943.0585 and s.943 .059, Florida Statutes, a Certificate of Eligibility to expunge or seal a Florida criminal history record can usually be issued if you can honestly answer "no" to the following questions:

1. As a juvenile, were you ever "adjudicated delinquent" for any criminal charge?
2. Have you ever been convicted or adjudicated guilty of any crime anywhere in the United States for any offense, including a misdemeanor, felony offense, comparable county ordinance violation?
3. Have any of your adult criminal records ever been sealed or expunged before?
4. Are you currently under any type of diversion program (such as MIP or PTI) or any court ordered supervision such as probation or community control?
5. If you ever entered a plea and the court "withheld adjudication," is the offense for which you entered the plea one of the offenses on the list of disqualifying offenses that can be found below?

Topic: Seal Criminal Record in Hillsborough County, Florida, Seal Arrest Record in Hillsborough County, Florida, Seal Criminal or Arrest Record in Tampa, Florida, Expunge Criminal Record in Hillsborough County, Expunge Arrest Record in Hillsborough County, Seal and Expunction, Sealed and Expunged, Expungement, Hillsborough County, Pinellas County, Pasco County, Polk County, Manatee County, Sarasota County, Florida.

Disqualifying Charges for Florida Expunction (Expungement) or Florida Sealing

A request for a certificate of eligibility for a Florida expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contendere, even if the adjudication of guilt was withheld, on any violation of the following offenses listed in S. 907.041, Florida Statutes, including:

1. Any act of Domestic Violence as defined in s. 741.28 F.S., which would include a misdemeanor or felony charge;
2. Stalking and Aggravated Stalking;
3. Aggravated Assault;
4. Aggravated Battery;
5. Trafficking in controlled substances;
6. Manufacturing any substances in violation of chapter 893;
7. Burglary of a dwelling;
8. Home-invasion Robbery;
9. Robbery;
10. Carjacking;
11. Aircraft piracy;
12. Kidnapping;
13. Homicide;
14. Manslaughter;
15. Arson;
16. Illegal use of explosives;
17. Act of Terrorism as defined by s. 775.30 F.S.;
18. Florida Communication Fraud Act(Scheme to Defraud or Organized Fraud, as used in s.817.034, F.S.);
19. Offenses By Public Officers and Employees;
20. Child abuse or Aggravated Child Abuse;
21. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
22. Sexual Battery;
23. Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years;
24. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority;
25. Sexual misconduct with developmentally disabled person and related offenses;
26. Sexual misconduct with mental health patient and related offenses;
27. Luring or enticing a child;
28. Sexual Battery and related offenses;
29. Procuring person under 18 for prostitution;
30. Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;
31. Voyeurism;
32. Lewd or lascivious offense upon or in presence of elderly person or disabled person
    S.827.071, F.S.;
33. Sexual performance by a child;
34. Showing, selling, etc., obscene literature to minor;
35. Computer pornography;
36. Selling or buying of minors;
37. Sexual misconduct with mentally deficient or mentally ill defendant and related offenses
38. A violation of any offense qualify for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435; or
    
39. Attempting or conspiring to commit any of the above crimes.

You are not eligible to seal your Florida arrest record, if your underlying offense is on this list or if you ever entered a plea to one of these offenses under Florida law, even if adjudication was withheld.

Call the Sammis Law Firm at (813) 250-0500 today to speak with an experienced Tampa criminal defense attorney in Hillsborough County, Florida about sealing and expunging a criminal record in any county in Florida, including Hillsborough County, Pinellas County, Pasco County, Polk County, Manatee County, Sarasota County, Hernando County, or Sumter County, Florida.