Apopka Carrying A Concealed Firearm Defense Lawyer
If you have been charged with carrying a concealed firearm in Apopka, Florida please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your carrying a concealed firearm charge dismissed or reduced. One way to get your carrying a concealed firearm charge dismissed is by completing a Pre-Trial Diversion program. Not every carrying a concealed firearm case is eligible for a Pre-Trial Diversion program. For information on Pre-Trial Diversion see below.
Former Carrying A Concealed Firearm Prosecutor
As a former carrying a concealed firearm prosecutor Chris has an understanding of what can be important to the prosecutor in your Apopka carrying a concealed firearm case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your carrying a concealed firearm case.
Apopka Carrying A Concealed Firearm Defense Lawyer Since 1999
Chris has been defending individuals in Apopka charged with carrying a concealed firearm since 1999. Being an Apopka carrying a concealed firearm defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors that handle carrying a concealed firearm cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your carrying a concealed firearm case.
Different Apopka Carrying A Concealed Firearm Defense Lawyers Get Different Results
When you have been charged with carrying a concealed firearm in Apopka you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A carrying a concealed firearm conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.
Carrying A Concealed Firearm
Carrying a concealed firearm is a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.
In order for the State of Florida to prove you committed the crime of assault, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. This may include witnesses to the incident who you know but whose names do not appear on the law enforcement officer’s report because they were never questioned about the incident. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:
- Were there any witnesses to the incident and if so did they provide a statement?
- Was the incident recorded by videotape?
The United States Constitution and the Florida Constitution both guarantee that people be free from self-incrimination. In order for a person to give up their privilege against self-incrimination the person must do so freely voluntarily and knowingly and that is why a person is normally advised of their Miranda rights after arrest but prior to any questioning by a law enforcement officer. It is important for you to know if your privilege against self-incrimination was violated. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:
- Were you questioned by a law enforcement officer after you were arrested?
- Did you make any statements that are harmful to your case?
- Were you read your Miranda rights?
Apopka Carrying A Concealed Firearm Penalties
A conviction for carrying a concealed firearm can result in many different penalties. It is important for you to know what penalties you may be facing. Some of the penalties for a carrying a concealed firearm conviction you may be facing include:
- Jail Or Prison
- Community Service
- Costs Of Investigation
- Costs Of Investigation
- Court Costs
*Program Fees and Costs subject to change without notice*
Orange County Pre-Trial Diversion Program For Carrying A Concealed Firearm Charges
If you successfully complete the Orange County Pre-Trial Diversion Program the charge(s) you were placed in the program for will be dismissed.
This a 12 month long program with the following requirements:
1.) You must refrain from violation of any federal, state or local law. If you are arrested or charged with a crime while in the pretrial diversion program, you are subject to automatic revocation whether the crime occurred before or after the signing of the Pre-Trial Diversion Contract.
2.) You must associate only with law abiding persons.
3.) You must work regularly at a lawful occupation; or pursue a course of studies as a full-time student, or both. Employment must be verified by documentation only within the first 30 days of supervision. Thereafter, employment verification shall be made every other month.
4.) You must take an active part in counseling and attend all scheduled appointments. You must participate in and be responsible for program costs of any referrals your pretrial diversion officer recommends. Referrals may include, but are not limited to participation in drug/alcohol counseling, a mental health evaluation, urine screenings, General Equivalency Diploma (GED) and English for Speakers of Other Languages (ESOL).
5.) You must immediately inform the Pre-Trial Diversion Program of any anticipated or unanticipated change in your residence or your employment. It is your obligation to notify the Pre-Trial Diversion Program of any change in your address and to comply with residence verification instructions. Should it be determined that you have moved from your reported residence or changed employment, without notice to the Pre-Trial Diversion Program, and are no longer able to be contacted through your reported mailing address, you are subject to automatic revocation. If you have been arrested in this case, you must also notify the Clerk of the Court for Orange County, Florida, preferably in writing, of your address change. No Out-of-Country Travel will be approved while participating in the Pre-Trial Diversion Program. All Notices, summonses, or other mail will be sent to your current address. If you fail to appear in court due to paperwork being sent to an old address, a warrant may be issued for your arrest, and you may be revoked from the Pre-Trial Diversion Program.
6.) You will promptly and truthfully answer all questions directed to you by your Pre-Trial Diversion Program Officer.
7.) You must pay a Cost of Supervision fee of $20.00 a month to the State of Florida as required by Florida Statute Section 948.08 unless otherwise exempted in compliance with the Florida Statutes. All monies collected by the Florida Department of Corrections will be subject to a 4% surcharge. There will be a one-time drug testing fee of $30.00.
8.) You will complete 100 hours of Alternative Community Service (ACS). ACS and all sanctions must be completed sixty days prior to the expiration of this contract or sixty days prior to any subsequent expiration date resulting from an extension or as determined by a Review Board Panel.
9.) Once the Defendant has satisfied all sanctions, early termination is acceptable.
10.) You must pay a $100.00 non-refundable cost of prosecution fee to the State of Florida within 60 days as required by Florida Statute Section 938.27.
11.) You must successfully complete an approved firearm safety class.
12.) No return to the location of the alleged incident.
13.) You may also be required to submit to random urine screenings for drugs. Any drug test with a positive result is a violation of the Pre-Trial Diversion Program Agreement, and may result in additional consequences or revocation from the Pre-Trial Diversion Program.
In order to be eligible for the Pre-Trial Diversion Program you must have no criminal history (arrests, convictions, or cases in which adjudication of guilt has been withheld, whether as a juvenile or adult), or if you have a prior criminal history, you must disclose it to the Pre-Trial Diversion Program. If it is found that you not been fully candid on this issue, you are subject to revocation from the Pre-Trial Diversion Program.
If you fail to comply with any of the above conditions, your case may be subject to the following action, depending upon the violation.
- Your officer may extend the period of diversion to a term not to exceed 3 months from the date of the Pre-Trial Diversion Program Contract, or
- The Review Board may add additional special conditions or otherwise modify this contract, or
- Revoke the Pre-Trial Diversion Program contract and the State Attorney will prosecute you for this offense.
A Review Board comprised of an Assistant State Attorney and a representative of the Florida Department of Corrections, Pre-Trial Diversion Program, has been established for the purpose of reviewing any proposed revocation or modification of your Pre-Trial Diversion Program Contract. Your Pre-Trial Diversion Officer will attend this hearing. Modification of your Pre-Trial Diversion Program Contract may occur if you agree to the modification, by Review Board decision. At Review Board Hearings, evidence establishing violations of conditions of the Pre-Trial Diversion Program Contract will be heard. You will be given notice of this hearing and may attend and present any evidence you have in your defense and/or any evidence you have to establish matters in mitigation. Failure to appear will result in automatic revocation from the Pre-Trial Diversion Program. The Review Board, after hearing and considering all evidence, will render a decision in writing, citing the reasons for that decision. All members of the Review Board must agree to revocation or modification. In its written decision, the Review Board will state whether it has decided to revoked the Pre-Trial Diversion Program Contract or allow the Defendant to continue in the Pre-Trial Diversion Program. If the agreement is modified, the modifications made by the Review Board will be stated. If you are revoked from the Pre-Trial diversion Program, you will be prosecuted for the original criminal violation. The Defendant is bound by the decision of the Review Board. The Pre-Trial Diversion Contract is an agreement that is a deferral of prosecution. If the terms of the agreement are met, the initial charge will be dropped and the State of Florida will be barred from prosecution. If the terms of the agreement are violated, prosecution concerning any charge will proceed.
*Program Fees and Costs subject to change without notice*
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