Domestic Violence Injunctions, Restraining Orders and Protective Orders in Pasco and Hillsborough County, FL

If you have just been served with a Temporary Order and Petition for Protective Order from Domestic Violence or Repeat Violence in the Tampa Bay area, including Tampa in Hillsborough County, Clearwater or St. Petersburg, in Pinellas County, or Dade City or New Port Richey in Pasco County, Florida, you probably have a lot of questions.

• First, read the paperwork carefully.

• Second, be sure to follow the letter and spirit of the order by not contacting the petitioner either directly or indirectly. No contact means no contact of any kind, even through a third party.

• Finally, educate yourself about your rights and how this process works before your return hearing on the petition. 

The attorneys at the Sammis Law Firm welcome your phone calls to discuss the domestic violence or repeat violence petition for protective order injunction hearing. We are experienced with the local procedures used by the Courts throughout the Tampa Bay area. Let us use that experience to assist you with your case.

Injunctions for Protection - A Serious Remedy

A protective order against domestic violence or repeat violence is a drastic remedy that should be reserved for only the most serious cases. The consequences for the petitioner and the entire family can often be devastating and last a lifetime. An attorney can take action to protect your rights to make sure that the final result is just and fair for all individuals involved.

Often the accusations made by the petitioner are false or exaggerated. Read more about protecting your rights during a hearing on domestic violence or repeat violence injunction hearing.

Avoid a Hearing by Ambush

In many ways, the hearing on the petition for protection from domestic violence or repeat violence is an emergency hearing. Often the hearing is schedule less than two weeks after the petitioner files for the temporary protective order.

By the time the respondent is served with paperwork, the respondent may have less than a week to prepare. Often finding an attorney within that time period is nearly impossible. Many describe the process as "hearing by ambush."

Protect Your Rights to a Fair Hearing and a Just Result

For attorneys that represent respondents at hearings on the petition for protection, several important procedural rights apply that make the hearing much more fair.

First the respondent can request a continuance to have additional time to prepare for the hearing in order to do the following:

1. Subpoena the Petitioner to provide sworn testify during a deposition in which the Respondent's attorney can ask questions to find out more about whether the allegations are false or exaggerated;
2. Order a transcript of that testimony which can be typed up and used to impeach the petitioner if the petitioner later offers testimony that is different from the testimony presented at the deposition;
3. Order a copy of 911 calls related to the alleged incident;
4. Order records related to previous calls for emergency services at the house;
5. Order a copy of any previous petitioner for injunction filed by the petitioner against any other individual;
6. Subpoena other witnesses including law enforcement officers to testify during a deposition or at a hearing on the petition for an injunction or protective order (often called a restraining order).

Contact the Sammis Law Firm to discuss any motion to modify or dismiss the injunction or any motion to extend the domestic violence or repeat violence injunction for any case in the Tampa Bay area including New Port Richey or Dade City, Pasco County, Tampa or Plant City, Hillsborough County, and Clearwater or St. Petersburg, Pinellas County, 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.

Seal or Expunge a Florida Criminal Record - Need Another Reason?

If you are eligible to seal or expunge your criminal record - don't delay.

Contact a local attorney in Tampa who can sit down with you today to complete all of the paperwork to seal or expunge your criminal record today.

We help clients seal or expunge a criminal record throughout the greater Tampa Bay area including Hillsborough County, Polk County, Hernando County, Pasco County, Pinellas County, or Manatee County, FL.


What is the difference between seal or expunge?

• Expunge (sometimes called Expunction or Expungement) - You may be able to expunge your record if the charges were dropped by the prosecutor or dismissed by the court.
• Seal - You may be able to seal if the court withheld adjudication after you entered a plea of guilty or no contest. After your record has been sealed for 10 years, you might become eligible to expunge that record.

At the Sammis Law Firm, we can help you seal or expunge your criminal record. While you are in our office we can help you fill out the paperwork, show you where to sign, and send everything off the same day to begin the process. At the end of the process, we schedule the final hearing before the judge who will sign the order to seal or expunge the record.

Many people hire us after attempting to seal or expunge their record on their own. After months of waiting, they find out that one small mistake requires them to start the process over again from the beginning.

If it is important to you to seal or expunge your record quickly, contact an attorney for a free consultation to find out the benefits of hiring a local attorney to help you through the process today.

Need another reason to seal or expunge a criminal record in Florida?

Before March of 2009, the Hillsborough County Sheriff's Office website published arrest and booking information, including booking photos (mugshots), names, address, and other personal details about the individual arrested for only the past five (5) years.

Now that has changed. Beginning in March of 2009, the arrest records maintained on the Hillsborough County Sheriff's Office website now go back to January 1, 1995. Anyone with an internet connection can now search these records and even see a mug shot, from the comfort of their computer.

Other Florida law enforcement agencies in Orange County, Polk County, Pasco County, Hernando County, Pinellas County, Manatee County, Lake County, and Sarasota County are also improving the availability of criminal arrest records. Even more embarrassing details of a criminal case can be found on the clerk of court websites for each county in Florida.

Even more alarming, private companies now have the ability to download this information into massive databases that can publish the information even after the seal or expunge has taken the information out of the local, state and national government databases. As this technology becomes more common, your chances of erasing this information becomes even more difficult over time.

If you are eligible to seal or expunge your Florida criminal record, act quickly.
Click here for more information about filing a petition to - seal or expunge a Florida arrest record. Find out how long it takes to seal or expunge a criminal record.

Also, read more about sealing or expunging in Pasco County, FL, or the surrounding areas throughout Tampa and Hillsborough County, FL.

This article was last updated on Saturday, September 12, 2015. Topic: Seal and Expunge Hillsborough County Arrest, Seal and Expunge Florida Criminal Record, Sealing or Expunging Criminal Record, Expungement.

Tampa Domestic Violence Attorney

If you have been arrested for a Domestic Violence crime in Florida, you are charged with a very serious offense. A conviction will cause a life time ban of your right to carry a firearm. Even if you enter a plea of "no contest" and adjudication is withheld, you will not be eligible to have your record sealed. If you need an experienced Tampa Domestic Violence Attorney contact the Sammis Law Firm to speak with an attorney about your case. We handle Domestic Battery and Domestic Violence cases throughout the Tampa Bay Area including Hillsborough County, Polk County, Pinellas County, Pasco County, Manatee County, and Sarasota County.

Under a federal statute known as the Lautenberg Act, it is a crime for any person who has ever been convicted of a "misdemeanor crime of domestic violence" to possess a firearm. See 18 U.S.C. Section 922(g)(9). The Lautenberg Law was enacted by Congress in 1996. Violation of this statute is a federal offense that carries a maximum sentence of 10 years in federal prison. See 18 U.S.C. Section 924(a)(2). Under these federal criminal provisions, any conviction for domestic violence, domestic battery, domestic assault, or any similar charge makes it illegal to possess, own, buy, or sell a firearm.

Many people who enter a plea to a domestic violence charge, even a misdemeanor, are not aware that they are losing this important civil right. Unfortunately, the federal provisions of the Lautenberg Act provide for a life time ban of your right to possess a firearm.

Similar provisions apply to person who are currently subject to a domestic violence restraining order. Under Florida law, a domestic violence protective order or restraining order will contain a provision that the subject of the order may not possess a firearm. Section 741.30(1)(a), Florida Statute. If the alleged victim in the case alleges that you possess a firearm, the Sheriff's Office will usually send a law enforcement officer to seize the firearm. Additionally, judges usually impose a similar ban on possessing a firearm as a condition of bond for domestic violence charges well before any conviction occurs.