Extradition to Florida on Fugitive Warrant

One Way to Avoid Extradition to Florida - Ask the Judge in Florida to Withdraw the Warrant

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• Past successes do not guarantee future results.
• The facts and circumstances of your case may differ from the cases discussed in our recent case results.
• Not all results are provided.
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Judge Withdraws Fugitive Warrant

Result: Our client was sitting in jail in Texas awaiting extradition to Orange County, Florida. An attorney with the Sammis Law Firm in Tampa, Hillsborough County, FL, filed a motion to withdraw the warrant to avoid extradition on the day we were retained. The bond motion was heard two days later. The Honorable Judge Jenifer M. Davis, Orlando Orange County, FL, agreed on July 17th at 8:30 a.m. to withdraw two felony warrants in case number 05-CF-2891 and 05-CF-5191. Three hours later the client was home.

The Case: On March 4, 2005, a circuit Court Judge in Orange County, FL, signed an "Affidavit for Arrest Warrant" for one count of Grand Theft, a third degree felony, in violation of Florida State Statutes 812.014, and two counts of Dealing in Stolen Property (Trafficking), a second degree felony, in violation of Florida Statute 812.019(1).

The Florida affidavit for arrest warrant alleged that the woman took a air compressor and nail gun from her friend's home where she had been living for a few months. The affidavit alleged that she then pawned the items so that she would have money to move back to her home state of Arizona.

The woman did move out of state and never knew that the case was being prosecuted or that a warrant had been issued for her arrest. More than four years later the women was picked up while on a military basis while her request for an identification card was being processed. The woman was held in jail for almost 2 weeks while awaiting extradition to Orange County, FL. Although she has signed the paperwork to waive a extradition hearing, she had no idea how long she would be in custody before being picked up for the trip to Florida for extradition. Her family decided to retain the Sammis Law Firm so that we could attempt to get her released prior to the extradition to Orange County, Florida.

We were retained on Wednesday. That same day we filed a motion to withdraw the warrant, which was scheduled for hearing on Friday. At the hearing the State had no objection to withdrawing the warrant as long as the client promised to appear in court 4 weeks later. The judge, hearing no objection from the prosecutor agreed to withdraw the warrant. The client was released three hours later.

Click below to read more about our firm's other recent victories in Extradition cases in Florida:

Avoid Extradition to Florida - Man avoids extradition to Florida on a Fugitive Warrant. In fact, his entire case for violation of probation was resolved without the need for him to ever return to Florida.

Tampa Extradition Attorney - Man avoids extradition, and then resolves his case completely during motion to surrender hearing in Tampa, Hillsborough County, FL.

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Information Upon Request Zone

If you or a family member is awaiting extradition to Florida for a criminal felony case in a circuit court, keep in mind that there may be things a Florida Extradition Attorney can do to speed up your release from custody. Contact an attorney at the Sammis Law Firm with offices located in Tampa, Hillsborough County, FL, to discuss your case today. We handle Florida extradition cases throughout central Florida. Although no two cases are alike, having a criminal defense lawyer fighting for your release may be extremely beneficial to your felony case dealing with extradition on a fugitive warrant in Florida.

Entrapment Defense in Sell of Marijuana Case in Pasco County

Tampa Criminal Defense Attorneys discuss recent case results in a sell of marijuana case decided in Pasco County, FL.

Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:

• Past successes do not guarantee future results.
• The facts and circumstances of your case may differ from the cases discussed in our recent case results.
• Not all results are provided.
• The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.

I do not agree.

Entrapment Defense in Sale of Marijuana Felony in New Port Richey, Pasco County, FL

Result: State Attorney's Office for the Sixth Judicial Circuit of Florida filed a "No Information" which dropped all charges after the State Attorney reviewed information provided by our office about an entrapment defense or duress or necessity defense, and took testimony under oath at a State Attorney investigation. On January 14, 2009, the State Attorney's Office filed a "No Information" which stated the prosecutor's conclusion that "the facts and circumstances revealed do not warrant prosecution at this time."

Our client was arrested in November of 2008 for sale of marijuana more than 20 grams within 1000 feet of a convenience store, and possession of marijuana more than 20 grams within 1000 feet of a convenience store for a case in New Port Richey, Pasco County. The incident that caused the arrest occurred 6 months early when the client allegedly assisted another person (who turned out to be a confidential informant) who sold more than 20 grams of marijuana to an undercover officer.

The circumstances of this case were bizarre because it involved a sting operation at a Hydroponic Store where people purchase equipment and suplies for indoor growing or gardening in Pinellas County, Florida. A sting operation involving a hydroponic store might be an effective way for law enforcement to find out information about marijuana grow house operations in Florida. See Part II for more information on sting operations at hydroponic stores in Florida aimed at busting marijuana or cannabis grow house operations. In this case, however, the sting operation was pretty inept.

From our investigation it appeared that an employee of a hydroponics store in Pinellas County was working as a confidential informant for the law enforcement officers in Pinellas and Pasco County. It appears from the investigation that the confidential informant was either unable or unwilling to convince any of his drug connections to assisting him in buying or selling drugs, including marijuana. After becoming increasing desperate, the confidential informant approached a young woman that worked in the same shopping complex as the hydroponic store.

The hydroponic store employee told the woman that he needed a ride to sell marijuana to a man in Pasco County at a convenience store. The young woman, who had no criminal record, told him repeatedly she wanted nothing to do with giving him a ride. However, over the course of the day the confidential informant convinced the young woman that he owed money to a drug dealer. The confidential informant told her that unless he was able to get a ride to the convenience store to do the drug deal and get the money, a drug dealer may come after him or his child. Our client was familiar with the man's chld because she had seen the child around the shopping center. In fact, our client had watched the child for the confidential informant on a couple of occasions. Against her better judgment, after hours of begging by the confidential informant, the woman agreed to drive the confidential informant to Pasco County.

When she got to the convenience store in Pasco County, the young lady and the confidential informant sat in the car with the "drug dealer" while the confidential informant sold a package of marijuana. The confidential informant then got out of the vehicle and stayed at the scene of the convenience store after the drug transaction. Of course the other party to the sell of marijuana transaction was really an undercover detective working for the Pasco County Sheriff's Office.

As the young women drove off, she had a distinct feeling that the confidential informant had made up the entire story about his daughter being in danger. She fully expected to be stopped by the police as she drove out of the parking lot, but she was never stopped. It appears that the detectives working with the confidential informant wanted to gather more evidence against the young woman before making an arrest. Over the next several months, the employee at the hydroponics store continued to harass the young woman asking her to assist him in performing other drug deals, but each time she refused.

In November of 2008, detectives came looking for the young woman in Pinellas County to arrest her on felony warrants for sale and possession of marijuana. Instead of talking to the police, she invoked her right to remain silent, bonded out of jail, and hired an attorney at the Sammis Law Firm.

An attorney at the Sammis Law Firm was retained by the young lady and her parents to represent her during a pre-file investigation of the case. The State Attorney's Office in Pasco County, FL, usually takes 21 days after an arrest to make a filing decision. In other words, the police make the arrest for certain charges. The job of the State Attorney's Office is to decide whether to formally files those charges, more serious charges, less serious charges, or no charges at all. Hiring an attorney immediately after the arrest is important to make sure that your lawyer has an opportunity to talk with the prosecutor who will be deciding whether to formally file criminal charges.

In this case, we provided the prosecutor with information about our ENTRAPMENT or NECESSITY OR DURESS defense.

Entrapment Defense under Florida Law

The entrapment defense exists under Florida law when the following factors are present:

1. The person accused was encouraged to participate in the crime charged in order for law enforcement to gain evidence that the person accused committed a criminal offense; and
2. The person accused engaged in the criminal act as a direct result of the encouragement; and
3. And the person or people who encouraged the crime were law enforcement officers or confidential informants acting in cooperation with law enforcement; and
4. And the person or people who encouraged the crime used methods of persuasion which created a substantial risk that the criminal act would take place by the individual who was not otherwise ready to commit the crime; and
5. The person accused was not a person who was otherwise ready to commit the crime.

In this case, the confidential informant attempted to gain our client's trust by talking about his financial problems, his daughter, and a possible way that he could avoid being attacked by a drug dealer who was threatening him and his family. The confidential informant went after someone who he knew professionally because they worked in the same strip mall, and someone who was not a drug dealer. Often, the confidential informant performs a series of small acts to encourage or induce the person accused to commit the crime. In this case, the man repeatedly expanded on his story about how his life, and then his child's life was in danger. The confidential informant was looking for additional things to say that would finally convince the woman to assist him.

After each failed attempt, the confidential informant may become more aggressive and creates greater incentives to commit the crime. In many of these entrapment cases, the confidential informant will prey on the defendant's weaknesses. In this case, concern for the safety of an innocent child.

In other entrapment cases, the confidential informant may prey on the defendant's sexual urges. For instance, if a pretty lady promises to have sex with the defendant if he will bring her drugs to enhance her sexual pleasure, then the confidential informant is preying on the defendant's sexual urges and not his predisposition to sell drugs. Many entrapment cases have hinged on the fact that the confidential informant promised some other benefit for committing the crime, and that additional benefit motivated the defendant to commit a crime he was not otherwise inclined to commit.

Necessity or Duress Defense under Florida Law

In Florida, acting out of necessity or duress can be an affirmative defense to a criminal charge when the following four factors are shown:

1. The person accused reasonably believed under the circumstances that a danger or an immediate emergency existed which threatened significant hard to the person accused or another person;
2. The person accused did not intentionally cause the danger or emergency; and
3. The person accused could not avoid the danger or emergency except by committing the crime charged; and
4. The harm that the person accused wanted to avoid by doing the criminal act must outweigh the harm caused by committing the criminal act.

The public policy for the duress or necessity criminal defense is that when a person is in a dangerous or emergency situation he may be confronted with a choice of two evils: committing a criminal offense under the letter of the law with some harmful result or complying with the law but in the process commit an even greater harm. In that situation, social policy excuses the crime that results from violating the law but avoiding the greater evil. See LaFave Scott, 1 Substantive Criminal Law § 5.4, at 627 (1986).

In this case, it appeared that the duress or necessity defense could apply because our client was worried about an immediate threat to the life of the confidential informant and his young daughter. By hiring a criminal lawyer for New Port Richey, Pasco County, FL, early in the case the client was able to avoid having any criminal charges filed against her after the arrest.

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Information Upon Request Zone

If you have been arrested for a criminal offense of selling drugs or trafficking a controlled substance, or if you are currently under investigation, contact an attorney at the Sammis Law Firm before you make any statement to law enforcement. Your criminal defense attorney is often in the best position to convince the officers not to make an arrest, or if they are going to make an arrest to negotiate your surrender and argue for a very low bond. Having an attorney during the 21 day period after an arrest is critical to your defense because your attorney may be able to convince the prosecutor not to file any formal charges, even in cases involving an affirmative defense.

Misdemeanor Worthless Check Charge in New Port Richey, Pasco County, FL

Misdemeanor or Felony Worthless Check Charges in Pasco County, FL

Attorneys at the Sammis Law Firm discuss recent case results in a worthless check case in New Port Richey, Pasco County, FL.

Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:

• Past successes do not guarantee future results.
• The facts and circumstances of your case may differ from the cases discussed in our recent case results.
• Not all results are provided.
• The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.

I do not agree.

Case Dismissed

Our client, a young woman from St. Petersburg, Pinellas County, FL, was charged with one count of worthless check after bouncing a check to Walmart in Port Richey, Pasco County, FL, in 2004. The case was charged as a first degree misdemeanor punishable by up to 12 months in the Pasco County Jail. The woman was not aware of the fact that a warrant had been issued for her arrest because the warrant was taken out in 2005 and she never received any notice in the mail.

During a background check with a potential employer, the woman found out about the warrant in 2009. The immediately hired the attorneys at the Sammis Law Firm. After filing motions and investigating the circumstances surrounding the case, the State Attorney's Office agreed to drop the charge completely during a pre-trial conference on July 15, 2009, at the West Pasco Judicial Center in New Port Richey, FL, before the Honorable Debra Roberts.

The client was not guilty of the offense because at the time she wrote the check she had no intention of defrauding the merchant. Instead, the Florida woman was going through a difficult financial circumstance that caused the check to bounce. No other checks were returned for insufficient funds.

Walmart employees completed a "Worthless Check Affidavit" requesting that prosecution of the case. In the affidavit, Walmart alleged that the Florida woman did draw, make, utter, issue or deliver a worthless check in 2004 which was returned for insufficient funds. The State Attorney's Office in Pasco County may also prosecute a case involving a check returned for a closed account, no account, stop payment, uncollected funds, refer to maker, or other reasons.

In a case in which the check was post-dated, the State Attorney's Office may decide not prosecute the case if the merchant admits that the check was post-dated. If the check was post-dated, that indicates that the merchant took the check knowing that the funds were not in the account, therefore no fraud can be alleged. Likewise, the cases are not usually prosecuted when the holder of the check was asked to hold or delay deposit of the check. Other factors important to determining whether the case should be prosecuted include the following:

1. Whether the check was delivered by a person other than the checkwriter;
2. Whether the checkholder signed an order or contact for which the mailed check was payment;
3. Whether a certified letter was mailed to the checkwriter notifying the checkwriter that the check was returned;
4. Whether the person who took the check can identify the checkwriter by prior knowledge or acquaintance with the checkwriter, personal recollection of the checkwriter from the time check was received, personal data recorded on the check, or personal data recorded on a check cashing card, contract, etc.;
5. Whether the holder of the check has a check cashing card for the checkwriter;
6. Whether the person accepting the check initialed the check;
7. Whether a photograph was made of the person writing the check;
8. Whether the check holder had ever received a bad check from the person before.

The criminal offenses of obtaining goods or services for a worthless check is a serious criminal offense because it is considered a "crime of dishonesty." If you are convicted of the offense, you will forever have to disclose on most job applications that you have been convicted of a crime of dishonesty. Furthermore, that information will be available to potential employers during even a routine background check. If you agree to enter a plea of guilty or no contest in exchange for probation and the court withholds adjudication, you will never be eligible to expunge the criminal record (although you may be eligible to seal the record if you have no other convictions or issues which make you ineligible).

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Information Upon Request Zone

Before you attempt to represent yourself in this type of serious criminal case, contact an attorney experienced in fighting these types of charges. To speak with an attorney at the Sammis Law Firm about your worthless check case in Tampa or Plant City, Hillsborough County, Clearwater or St. Petersburg, Pinellas County, Dade City or New Port Richey, Pasco County, or Bartow, Polk County, call 813-250-0500.

Hillsborough County - Misdemeanor Simple Battery Criminal Charge in Tampa, FL

Tampa Criminal Defense Attorneys discuss recent case result obtained in a misdemeanor simple battery case in Hillsborough County, FL.

Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:

• Past successes do not guarantee future results.
• The facts and circumstances of your case may differ from the cases discussed in our recent case results.
• Not all results are provided.
• The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.

I do not agree.

Charges Dropped

Case No. 08-CF-24845 - Our client, a young woman from Hillsborough County, was charged with Simple Battery. The allegation surfaced after the alleged victim filed a "sworn request for prosecution by complainant" alleging that our client hit her during an argument at a family gathering. After the complainant made the allegation, the State Attorney's Office in Tampa investigated the case and decided to "direct file" the charge of simply battery.

A direct file occurs when the police refused to make an arrest in the case, and instead suggest to the alleged victim that they should go to the courthouse to "file a complaint." The alleged victim then goes to the State Attorney's office to fill out a sworn complaint form. In that form the alleged victim is asked to state facts to establish that a crime occurred, and to state facts that the defendant committed the crime. The alleged victim also verifies that he or she desires prosecution of the case and request that the Hillsborough County State Attorney's Office in Tampa review the matter for prosecution. The alleged victim must promise to be present for any required court dates should the case be prosecuted. The alleged victim is also asked to write a brief statement about what happened and list any additional witnesses to the alleged criminal offense, including their address and telephone number.

In many of these cases, the information provided to the Hillsborough County's State Attorney's Office is incomplete or just plain wrong. Many false allegations are made in these types of cases for the following reasons:

1. The alleged victim that is initiating the prosecution (not a more objective police officer);
2. The alleged victim rarely gives the prosecutor all of the information, including all of the witnesses to the incident and information about the alleged victim's motive or bias;
3. The prosecutor only gets one side of the story because the person against whom the allegation is made does not have an opportunity to present their side of the story.

In this case we filed numerous motions and set the case for trial. The client did not waive her right to a speedy trial because she wanted the charges dropped as soon as possible. On the first court date after arraignment, the attorneys at the Sammis Law Firm set the case for a pre-trial conference and then jury trial. On the day of jury selection, July 13, 2009 at 8:00 a.m., in the County Criminal Court for Hillsborough County before the Honorable John Nicholas Conrad, the State Attorney's Office announced that they were dropping all charges against our client. The charges were dropped within 90 days of arraignment.

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Information Upon Request Zone

If you have been charged with any misdemeanor or felony crime such as Simply Battery after a "direct file," contact the attorneys at the Sammis Law Firm to discuss how to fight the charges by calling 813-250-0500.

Read more about Simple Battery in Tampa, Hillsborough County, FL