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Drug Possession:
Drug offenses can be particularly difficult to defend and often carry harsh penalties. Most drug possession crimes require the revocation of your driver’s license for up to two (2) years. Often your defense will depend upon your word against that of the cops. A competent, experienced criminal defense attorney, such as Don Waggoner, can help you with your defense and try to save your license and reputation. It is important that you make contact with Attorney Don Waggoner as soon as possible so as to preserve evidence such as witness testimony. If you have been accused of possession of Marijuana, Cocaine, LSD, Ecstasy, Heroin, PCP, GHB, or any other unlawful drug, call Kissimmee and Orlando Criminal Attorney Don Waggoner to get your defense started.
Possible Solutions Include:
· Pre-Trial Diversion – run by the State Attorney’s Office; for first time offenders; similar to probation; charges dropped upon successful completion
· Pre-Trial Intervention – similar to Pre-Trial Diversion; run by the Court; spotless record not required; similar to probation; charges dropped upon successful completion
· Drug Court – two levels – 1st level is for first time drug offenders; run by the court; strict compliance required; must report to court every 2 weeks at first; charges dropped upon successful completion – 2nd level is for persons with prior drug offenses; requires plea be entered to the charges; has stricter supervision; court determines sentence upon completion, but usually releases you from further supervision; it may help keep you out of jail
· Motion to Suppress – if the evidence against you was unlawfully obtained by the government, this motion is used to seek its suppression and keep it from being used against you at trial. If the evidence is suppressed, it sometimes results in the dismissal of the charges by the State. Not all cases have grounds for a motion to suppress. Your attorney can analyze you case and advice you about such a motion
· Plea – some cases are resolved by a plea of guilty or no contest. The terms of the sentence that results from the plea are usually negotiated by your attorney with the State. Pleas usually result in a better sentence than if you go to trial and lose and sometimes include reducing the charges. You give up the right to a trial and to appeal when you plead guilty or no contest.
· Trial – if you have not done anything against the law or in some cases where it seems the facts are in your favor, you may want to go to trial. Not all people accused of drug offenses are guilty and sometimes a trial is the best method to resolve the issue of guilt or innocence.
Possession of Cannabis/Marijuana:
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Less than 20 grams: |
Up to one (1) year in jail, one (1) year probation, $1,000.00 fine, loss of D.L. for two (2) years. This is a 1st degree misdemeanor. |
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Greater than 20 grams: |
Up to five (5) years in prison, five (5) year probation, $5,000.00 fine, loss of D.L. for two (2 years). This is a 3rd degree felony. |
Possession of Cocaine, Heroin, etc.:
Up to five (5) years in prison, five (5) years probation, $5,000.00 fine, loss of D.L. for 2 years. This is a 3rd degree felony.
Sale and Delivery:
Charges of sale or delivery include the sale or delivery of any drug the Legislature has listed as a prohibited drug or that requires a prescription to possess or sell and that is not of such a great quantity it puts the sale or delivery into a trafficking category. It means the transfer or sale of an unlawful drug to another person.
The sale or delivery of
1. Marijuana/Cannabis - 3rd degree felony - punishible by up to 5 years in prison
2. Cocaine/Heroin/most other drugs - 2nd degree felony - punishible by up tp 15 years in prison
Drug Distribution and Trafficking:
If you are responsible for the sale or distribution of drugs in Central Florida, you will be facing severe punishments such as minimum mandatory prison sentences of 3-25 years. The sale or distribution of illegal drugs is one of the most risky crimes and can be the hardest and most expensive to defend. If you have been accused of selling or distributing drugs, please contact Kissimmee and Orlando Criminal Attorney Don Waggoner immediately. It is important to begin your defense and work on your case at the earliest possible time in order to preserve evidence and testimony. Bonds for such cases are usually very high and a bond reduction hearing will usually save you money on your bond. After I talk about your case with you, I will immediately start preparing your defense.
Drug trafficking includes the mere or simple possession of any prohibited drug in a quantity greater than that listed in the statutes, as well as the sale or delivery of these amounts. It can be as little a 4 grams for most drugs. Cocaine trafficking starts at 28 grams.
The State takes these crimes very seriously. Maximum sentences for a conviction for trafficking, even if all you did was possess it, start at 30 years and go up to Life in prison. They also carry minimum mandatory (day for day) prison sentences of 3, 7, and 15 years, depending on the amount trafficked in. It is difficult, but not impossible, to negotiate for probationary sentences for trafficking in drugs. Trafficking offenses also come with very large fines upon conviction.
Penalty Chart:
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3rd Degree Felony: |
5 years prison, 5 years probation, $5,000.00 fine |
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2nd Degree Felony: |
15 years prison, 15 years probation, $10,000.00 fine |
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1st Degree Felony: |
30 years to LIFE in prison, 30 years to LIFE probation $10,000.00 fine |
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Capital Felony: |
LIFE in prison or Death |
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Use of Firearm: |
Minimum Mandatory Prison (day for day, no early release) - 10 years if firearm is carried or acquired during the commission of a crime, 20 years if a firearm is discharged, and LIFE if a firearm is discharged and someone is struck by the bullet |
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Possible Enhancements: |
the sentence can be doubled if you are convicted as a Habitual or Violent Felony Offender; for most Sex Offenses, you can spend many years in a mental health facility for sex offenders after your sentence under the JIMMY RYCE ACT, plus you will be designated as a sexual offender or sexual predator for life, and you will have to register with the sheriff every year and every time you move |
Murder – Attempted Murder:
Manslaughter - DUI Manslaughter:
Vehicular Homicide:
Home Invasion Robbery:
Carjacking:
Burglary:
The unlawful/uninvited entry or remaining in a home, building, or vehicle with the intent to commit a crime while there. You cannot usually burglarize your own property.
Crimes Involving Firearms:
Minimum Mandatory Prison (day for day, no early release) -10 years if firearm is carried or acquired during the commission of the crime, 20 years if a firearm is discharged, and LIFE if a firearm is discharged and someone is struck by the bullet.
Weapons charges can include the following:
· Possession of a Firearm or Ammunition by a Convicted Felon of a Convicted Juvenile Felon
· Possession of a Concealed Firearm or Deadly Weapon
· Various Other Firearm and Deadly Weapons Offenses
Many people make the mistake of having this idea that a "weapon" can only be a gun - for instance, a pistol, rifle or any other such weapon. This is not correct. If you allegedly attack someone with anything like a tube, crowbar, bat, saucepan, pocket knife, sharp object or anything like that, it is still considered a deadly weapon. Charges involving firearms almost all have minimum mandatory sentences from 3-25 years. In such cases, Criminal Attorney Don Waggoner can provide the representation and defense you need to fight these charges. Early intervention in these cases can sometimes avoid the minimum mandatory sentences.
Aggravated Assault & Battery:
Assault and Battery are two different offenses. Assault merely requires an intent to cause bodily harm to someone and that they have a legitimate fear that you are about to do so. Battery requires that you intend to cause bodily harm to someone and that you actually do so. The harm can be merely an unwanted touching. These two charges are usually misdemeanors, but can become felonies if the assault or battery is aggravated in some way. The two charges are frequently associated with domestic violence.
Maximum Penalties include:
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Assault (simple): |
60 days jail, 6 months probation, $500.00 fine - 2nd degree misdemeanor |
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Aggravated Assault: |
5 years in prison, 5 years probation, $5,000.00 fine - 3rd degree felony - if a firearm is used, it carries a 3 year minimum mandatory (day for day) prison sentence - this crime requires the use of a deadly weapon or the threat to use one |
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Battery (simple): |
1 year in jail, 1 year probation, $1000.00 fine |
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Aggravated Battery: |
15 years prison, 15 years probation, $10,000.00 fine - 2nd degree Felony - if a firearm is used, it may carry either a 10 or 20 year minimum mandatory (day for day) prison sentence. |
If you have been charged with either Assault or Battery, call Kissimmee and Orlando Lawyer Don Waggoner as soon as possible. The sooner you contact me, the sooner I can begin work on your case. In some cases, early intervention by Attorney Don Waggoner can prevent charges from being filed at all.
Sex Offenses:
A sex offense is one of the most serious crimes there is. It is aggressively prosecuted and affects the Accused’s life forever. Merely being accused of a sexually related crime can permanently change a person's life forever. These crimes carry very serious penalties and are punished more severely than any other crime except murder.
Sex crimes are often witnessed only by the accuser and the perpetrator. The opportunity for misidentification and poor memory is great. Additionally, the accusers often have a grudge or something else against the accused.
It is important that your attorney is experienced and has good negotiation skills. He must have experience with investigation techniques and be familiar with experts in the field. Attorney Don Waggoner is an experienced litigator of sexual offenses. He has learned that is extremely important that a person who has been accused of these type crimes, or who is being questioned about events that could lead to charges, should not and must not make any statements to anyone, especially law enforcement, without first consulting an attorney! Your defense will be severely hampered by any statements you make to anyone, whether it is law enforcement, your spouse, your boss, or your best friend. Kissimmee and Orlando Criminal Attorney Don Waggoner will advise you about what to do and help you to preserve your rights.
Statutory Rape:
This the common name for sex crimes involving consenting teenagers who are not yet of age as set by the legislature. If both partners are underage, both can be charged. It is unlawful for anyone to have sex with or commit a lewd act upon a person older than 12 but younger than 16, even if consent was given. A person between 16 & 18 years of age may lawfully have consensual sex with someone who is at least 16, but not older than 23. A person over 18 is considered of legal age. However, it is unlawful for anyone to make or have in their possession any nude or lewd photo or other depiction of a person that is not 18, whether if permission was given or not.
Capital Sexual Battery:
Sex with a child under the age of 12 is a capital sexual battery. This crime is punishable by a mandatory sentence of life in prison. The only way to avoid this penalty is to win an acquittal at trial or negotiate a better sentence with the prosecutor. It is called capital sexual battery because it used to be punishable by the death penalty.
Attorney Don Waggoner is an experienced litigator of capital sexual battery. He has learned that is extremely important that a person who has been accused of this crime, or who is being questioned about events that could lead to charges, should not and must not make any statements to anyone, especially law enforcement, without first consulting an attorney! Your defense will be severely hampered by any statements you make to anyone, whether it is law enforcement, your spouse, your boss, or your best friend. Kissimmee and Orlando Criminal Attorney Don Waggoner will advise you about what to do and help you to preserve your rights.
Child Pornography:
Lewd Acts:
Prostitution:
Assault/Battery:
Violation of Injunction:
If there is an injunction against violence against you, and you violate it, you can be charged with a crime as well as found in contempt of the civil court.
Theft:
Theft is the unlawful taking of another's property with the intent to temporarily or permanently deprive that person of the use of that property. The statute of limitations for many theft crimes is greater than for most other crimes.
Theft offenses include the following:
· Grand & Petit Theft
· Credit Card Fraud
· Unemployment, Medicare/Medicaid, & Welfare Fraud
· Auto Theft
· Dealing in Stolen Property
· Many, Many More
Theft Offenses are considered “crimes of moral turpitude.” Convictions of theft offenses can affect your immigration status, your license to drive, and your employability. Many times theft crimes can be mitigated and reasonable sentences negotiated. Also, many times the charges are hard for the State to prove. You may be eligible for diversion. Kissimmee and Orlando Criminal Lawyer Don Waggoner can help you get a reasonable resolution to your case in most cases, whether it is through a negotiated plea or a trial. Do not be convicted of a crime you did not commit. Contact Attorney Don Waggoner today and get your defense started.
Juvenile Crimes:
Juvenile charges in the State of Florida differ from adult charges in many ways. For one, children under the age of 18 who are found guilty after a trial, or who plea guilty, are not convicted as an adult, rather they are adjudicated delinquent. Delinquent children are also not punished in the same fashion as adults, in that they cannot be sent to jail or prison. But, just because the child is under 18 does not meant that the child cannot be charged and sentenced as an adult, rather than as a delinquent child. The State often "direct files" a child into adult court, usually because of the seriousness of the crime alleged or because of the child's prior criminal history.
ARREST - The child, when accused of a crime, may be arrested or given a notice to appear (NTA). If the child is arrested, the child will be taken to the juvenile detention center. There an assessment will be made and the child may be released to the parent/guardian or the child may be held to await a determination on release from a judge. If the child is held to see the judge, within 24 hours the judge must make a determination to release the child, and on what conditions, or to hold the child. In any case, the child may not be held in detention longer than 21 days (or 30 days in very few cases) awaiting trial. If not arrested, but given a notice to appear, the child will be given or mailed the court dates.
CHARGES - The State's Attorney will decide whether to file charges, called a petition, or not to. If a petition is filed, the State has 90 days from the date of the arrest to bring the child to trial.
ARRAIGNMENT - Once the petition has been filed, the child must appear before the judge for arraignment. The child should have hired an attorney by the time of arraignment. At arraignment the child may plead not guilty, guilty, or no contest. An attorney may be appointed for the child if the child has no attorney at the time. If the child pleads not guilty, a trial date will be set and the child must return at that time with an attorney, if the child doesn't already have one. If the child pleads guilty or no contest, it is not likely the child will be immediately sentenced. Rather, an assessment (pre-disposition report) will be made to determine what the Department of Juvenile Justice (DJJ) recommends for a proper sentence.
DIVERSION - At arraignment or sometime before trial, the child may be offered a diversion program. This is rarely offered to anyone other than first time offenders and for minor crimes. There are several different programs. Some deal with children with drug problems, while others deal mostly with the nature of the alleged charges. The requirements may include participation in a drug or anger management program, community service, a letter of apology, or other requirements. If the child successfully completes the diversion program, the charges will be dismissed. If the program is not successfully completed, the charges will be re-initiated and the child is back at the same place as at arraignment.
PLEAS - A child may change the plea at any time to guilty or no contest and avoid a trial.
TRIAL - A trial in juvenile court is much different than in felony. Though the presumption of innocence remains, and the State must still prove the allegations beyond a reasonable doubt, no jury makes the decision on guilt. Instead, the judge is the jury also and must be convinced beyond a reasonable doubt of the child's guilt in order to convict the child. Witnesses and evidence are still required to be presented by the State and can be challenged and cross-examined by the child. The child can present witnesses in the child's own behalf. The child can remain silent or testify.
DISPOSTION - If the child pleas or is found guilty after a trial, the court holds a "disposition hearing." At the hearing, the judge hears evidence from both sides and reviews the DJJ recommendation before deciding what the proper sentence is. The judge can give everything from a "judicial warning," to probation until the 19th or, rarely, 21st birthday, or to a DJJ commitment program, depending upon the facts and circumstances of the crime. In any case, jurisdiction terminates after the child's 19th birthday or, rarely, 21st birthday. There are currently four different levels of commitment programs - (1) low risk programs that last from 30-45 days; (2) moderate risk programs that last from 4-6 months; (3) high risk programs that last from 6-9 months; and (4) juvenile prison programs that last from 18-36 months.
