Field Sobriety Archives - The Law Offices of Travis Koon, PLLC

Criminal Case? Adjudication Withheld?

Posted by | Criminal Defense | No Comments

EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA CRIMINAL DEFENSE ATTORNEY

 

At www.koonlegal.com and Attorney Travis Koon, we know that if found guilty, some of these charges can change your life completely.

 

At www.koonlegal.com , Criminal Defense Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue the best defense for your case. Attorney Travis Koon has represented people charged with crimes his entire career. Criminal Defense Attorney Travis Koon has helped over 1,500 clients avoid jail time and the loss of their freedom. Attorney Travis Koon has conducted over 40 criminal trials and many of those trials were in the immediately area surrounding Live Oak, Florida, Lake City, Florida and Gainesville, Florida. Attorney Travis Koon is a member of the Florida Bar and Georgia Bar. In addition, Attorney Travis Koon is a member of the Federal Middle District and Northern District. Attorney Travis Koon is experienced in criminal cases in State and Federal Court.

 

Koonlegal

Travis Koon, Attorney

Criminal Attorney

Live Oak, Lake City & Gainesville, Florida

Live Oak and Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com

 

WHAT DOES ADJUDICATION WITHHELD MEAN? 

As sad and unfair as it may seem, a momentary lapse in judgment can have ripple effects for the rest of your life.  Having an open container of alcohol while on a Florida beach or a loud and frustrating argument in public that results in a disturbance or altercation can get you arrested in the state of Florida.

 

It seems all laws have a side note; one interesting fact is that it is possible that a person can be found guilty of a crime, but not convicted of committing that crime.

 

Once a person is arrested, the following sequence of events normally happens.  You would be formally charged, in which case you should hire a skilled Florida criminal defense attorney like The Law Offices of Travis Koon, PLLC. Thereafter, the judge will preside over your case and may have to make a ruling of either adjudicated guilty (found guilty), you plea bargain to a lesser sentence, the case is dropped or dismissed, or the judge withholds adjudication (depending on the crime).

 

Not all states follow this chain of events, but Florida is a state in which the judge is has the authority to withhold adjudication.

 

Basically, withholding adjudication is an interesting option that gives first time offenders, and sometimes those with a minimal history of prior convictions a second chance.  This is done by avoiding a formal conviction of the crime.  There are some crimes in which adjudication cannot be withheld, but hiring a strong Florida criminal defense attorney may help you understand if this is an option in your case.

 

Having a felony (or even a misdemeanor) conviction on your records can haunt you for life.  With a felony conviction, you may:

  • Lose your right to vote
  • Lose your right to possess a firearm
  • Never serve on a jury
  • Incur foreign travel restrictions (put in place by other countries)
  • Potential employers and housing authorities may conduct background searches and withhold employment or housing based on your past criminal record
  • Hold the social stigma of being a convicted felon

 

If the judge rules that adjudication is withheld, this normally means that if the person can pay any fines levied and successfully complete the terms of probation with no subsequent offense, no further action will be taken in the case and there will be no formal conviction of the crime.  Also, this offense is normally not considered a prior conviction in future cases.

 

But if the terms of the probation are not successfully met, a finding of guilty may be entered and the person may be sentenced according to the punishments defined for the offense.  So if the person had adjudication withheld for a 3rd degree felony, and failed the terms of probation, they could then face up to 5 years in prison and fines up to $5,000.00.

 

EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA CRIMINAL DEFENSE ATTORNEY

 

At www.koonlegal.com and Attorney Travis Koon, we know that if found guilty, some of these charges can change your life completely.

 

At www.koonlegal.com , Criminal Defense Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue the best defense for your case. Attorney Travis Koon has represented people charged with crimes his entire career. Criminal Defense Attorney Travis Koon has helped over 1,500 clients avoid jail time and the loss of their freedom. Attorney Travis Koon has conducted over 40 criminal trials and many of those trials were in the immediately area surrounding Live Oak, Florida, Lake City, Florida and Gainesville, Florida. Attorney Travis Koon is a member of the Florida Bar and Georgia Bar. In addition, Attorney Travis Koon is a member of the Federal Middle District and Northern District. Attorney Travis Koon is experienced in criminal cases in State and Federal Court.

 

Koonlegal

Travis Koon, Attorney

Criminal Attorney

Live Oak, Lake City & Gainesville, Florida

Live Oak and Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com

 

Expert Witness

Posted by | Attorney, Criminal Defense, Drug Crimes, DUI, Personal Injury | No Comments

The prosecutor is trying hard to make a case against the defendant; he/she is desperately explaining how the insignificant details actually do apply to the case.  But now it is the defense’s turn to take center stage and defend their client.  An expert witness is brought in to show why the prosecutor’s argument doesn’t make sense.  The expert witness is the turning point of the case and the trial is over.

So what makes this person an expert witness?

An expert witness is someone who specializes in a particular field or discipline who may present their opinion without having been a witness to any occurrence relating to the case; and they have become qualified in their field through training, accomplishments and special knowledge.  This is the only time when an opinion is admissible in court.

According to Federal Rules of Evidence, rule number 702 states that an expert witness may testify in the form of an opinion if the testimony is based on sufficient facts or data, the testimony is the product of reliable principles and methods, the experts knowledge will help the court understand the evidence or to determine the fact in issue, and the expert has applied the principles and methods to the facts of the case.[1]

A series of landmark decisions, commonly called the Daubert Trio (taken from the Daubert v. Merrill Dow Pharmaceuticals case), by the Supreme Court has established criteria for the admissibility of an expert witness’s testimony in federal courts.  All the following needs to be established:

  • The reliability of the techniques underlying a proposed testimony
  • Peer-reviewed publications supporting it
  • General acceptance of the thoughts and ideas in the relevant field

The attorney may inquire into the reliability in order “to make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field.”[2]

How they can help you

An expert witness can help establish, beyond a reasonable doubt, that the defendant was not able to perform the crime they are accused of doing. The lawyers at the Law Office of Travis Koon are criminal defense attorneys who have the knowledge and skills needed find and properly use expert witnesses.  The opinion of these people can determine the outcome of a case.

Speak with one of our attorneys today to help fight your legal battles.  We are Florida criminal defense attorneys that will help you every step of the way.  We have offices in Miami, Gainesville, and Lake City; let our experience work in your favor.

[1] https://www.law.cornell.edu/rules/fre/rule_702

[2] http://federalpracticemanual.org/node/38

Young woman pulled over by cop for DUI

DWLS Attorney

Posted by | Criminal Defense, DUI | No Comments

Have you or a loved one had your license suspended? In many circumstances, the individual never knows that the Department of Highway and Safety Motor Vehicles suspended their license. Have you been pulled over by a police officer and arrested for Driving While License suspended pursuant to Fl. Stat. 322.34? If that person is charged criminally, that individual will face up to one year in the county jail and a $1,000 fine. If that person is arrested for Driving While License suspended 3 times within a 5 year period that person will be deemed a Habitual Traffic Offender and subject to a five year Florida Driver License revocation.

I have provided the link so that you can look up a Florida Driver License to see if it is valid.

Attorney [contact-form][contact-field label=’Name’ type=’name’ required=’1’/][contact-field label=’Email’ type=’email’ required=’1’/][contact-field label=’Website’ type=’url’/][contact-field label=’Comment’ type=’textarea’ required=’1’/][/contact-form] Travis Koon
352-729-1211 Office/Cell
386-597-0000 Office/Cell
1-866-497-1103 Fax
Lake City, Florida
Criminal Defense Attorney
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