Pretrial Investigation

Sarasota Pretrial Investigation Criminal Defense Attorney

We at Pallegar Law, P.A. are aware that no matter how many times we ask you to describe the events that led to your arrest, review the evidence that we discovery from the prosecutor, or go over the hundreds of photos we take of the crime scene, we were not present when you got arrested. Therefore, as Sarasota Criminal Defense Lawyers we never really know the entire story first hand. There will always be parties to the event and witnesses who know the details and nuances of your case better than us. This is a reality of almost every criminal defense attorney faces.

However, through the discovery process, through our investigator, through our own research and hard work we often are able to find a defense that is favorable to your case. In many of our cases, this hard work has led to charges being dropped and clients being set free many of which were facing serious probationary consequences or even worse long prison sentences.

Photographs and videos are invaluable pieces of evidence since they depict the events as they unfold or shortly after. Furthermore, they present great to jurors. Jurors love anything and everything visual. As Sarasota Criminal Defense Attorneys visual aids work great in a motion or trial especially if they contradict the State Attorney’s version of events.

Tampa Pre-trial Motion Criminal Defense Attorney

Pre-trial motions are an essential part of any successful criminal defense practice. Filing the appropriate pre-trial motion provides an opportunity to get your case dismissed or reduced instead of actually going to trial. Pre-trial motions are typically filed if there are procedural or substantive legal issues with your case. Procedural motions must be filed in every case and are discovery related. On the other hand substantive motions are only filed if there is reason to suppress evidence potentially leading to a complete case dismissal.

The Supreme Court of Florida has determined that there are three levels of police-citizen encounters. Popple v. State, 626 So.2d 185, 186 (Fla. 1993). The first level is called a consensual encounter and involves minimal contact with the police. This is when you communicate with law enforcement using your own free will and no coercion. Under this encounter, you are free to stop talking at anytime.

The second level is known as an investigatory stop or Terry stop. Terry v. Ohio, 392 U.S. 1 (1968). A Terry stop allows a police officer to “reasonably detain a person temporarily if the officer has reasonable suspicion that the person has committed a crime.” This stop includes a general exterior “pat down” of the potential suspect. For an investigatory stop to be legal the police officer must have actual, articulable suspicion not just a mere hunch that a crime has been committed.

The third level of encounter is what leads to an arrest. The police officer must have probable cause that crime has been committed or is being committed. Probable cause is loosely defined as the facts and circumstances that would lead an ordinary prudent person using common sense to determine that a crime has been committed and the person or persons apprehended are responsible for that crime.

Tampa Motion in Limine Criminal Defense Lawyer

In Tampa, motions in limine are filed before the actual trial commences. Motions in Limine are typically used by the court to address issues in advance so either party does not surprise the court and use them as an evidentiary tactic during the trial.

According to Rule 3.190(a), all pretrial motions and pleadings shall be made in writing and signed by the party or attorney. This requirement maybe waived by the court if good cause is shown. Every motion and/or pleading shall clearly state the grounds on which it is based. A copy shall be served on the opposing party this includes a certificate of service.

If you have been arrested in Sarasota or Tampa and need an experienced criminal defense attorney or DUI lawyer contact us by calling (813) 444.3912 in Tampa or (941) 893.5816 in Sarasota for a no risk, free consultation.

Client Reviews
★★★★★
I could not be more satisfied and grateful for Mr. Pallegar and his team!! I found myself in some trouble when visiting Florida on vacation. When I got back home up north I started looking for local lawyers in the area and after reading recommendations and reviews, Mr. Pallegar was the clear choice. I did not have to appear in court a single time and Mr. Pallegar treated me as if I was his only client always keeping me in the loop and explaining every step of the process. Living 800+ miles away from where I got in trouble, and having someone put that much dedication and effort into my case is more than I could have asked. I will be sure to recommend anyone I know that needs help to seek out Mr. Pallegar and if you are looking for an honest, intelligent, personal, and professional representative, Mr. Pallegar is your answer. Aaron
★★★★★
Pallegar Law, always put my family first, their team always explained things in full detail, and got the very best results possible. They genuinely care. Our family will forever be grateful. Thank you. Dennis
★★★★★
He took me on and from the word go communicated everything in a timely and professional fashion about how everything is going to be played it; and then delivered word for word. The best part about them apart from their professionalism and efficiency would have to be their honesty which lets you entrust them, which in today's day and age is a rare virtue. Hemant
★★★★★
Excellent communication skills between the staff and client. I always felt I was in the know as to what to expect next. Ajay was up front on possible outcomes of the case and did not promise unrealistic results. Hope to not need them again, but definitely would recommend them. Steve
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