Thursday, November 15, 2012

Daytona Beach Marijuana Possession Attorney

Marijuana laws are being relaxed or eliminated in numerous states across the country. That is not the case in Florida. Florida and the federal government continue to have harsh sanctions on possession of marijuana. Possessing a detectable amount of marijuana in Daytona Beach could expose you to a year in jail, a year of probation or any combination of the two. Typically extended jail sentences are not common for Daytona Beach marijuana possession cases but for multiple drug offenses sentences around 30 days are possible. What is even more serious is the potential for collateral consequences from marijuana possession or any other drug possession case. These consequences include a two (2) year driver's license suspension, denial of federal financial aid for school, denial of federal financial assistance and for undocumented workers potential deportation as an aggravated felon ( second marijuana possession or any possession of marijuana over 30 grams or any other drug possession charge). An experienced Daytona Beach marijuana possession attorney can help you avoid the potential collateral consequences. Something as simple as getting the charge amended or negotiating a diversion agreement could save your license and student loans. Many drug possession cases have search and seizure issues and stop issues that can result in potential defenses to your case. In constructive possession cases the state must prove that you had knowledge and dominion and control over the drugs for a conviction. An experienced Daytona Beach marijuana defense attorney can contest the states evidence and might be able to get your case reduced or thrown out. If you are accused of a Daytona Beach marijuana possession contact Kevin J. Pitts today to set up a free consultation. Call 386-451-5112 today.

Wednesday, November 14, 2012

Daytona Beach DUI Blog


This Daytona Beach DUI Blog is intended to provide DUI information to those arrested for a DUI in Daytona Beach and the surrounding areas. The blog will focus on Florida DUI law and local court decisions in Volusia County and the Fifth District Court of Appeals. Florida offers the absolute minimum protection under the fourth amendment under the lock step doctrine. Some other states may offer additional protection under state law. Some of the principles, techniques and legal issues might apply to other states but I cannot provide advice on that because I am only a Florida DUI lawyer and do not practice in other states at this time. Any Volusia County court decisions or 5th DCA opinions might be persuasive for other states and other regions in Florida. Some 5th DCA opinions can be binding on courts out I will try to occasionally post useful information but the side of the 5th district but only in limited circumstances. I am a former DUI prosecutor in Daytona Beach. Volusia County is typically one of the top ten counties in the state for DUI arrest and convictions despite a small misdemeanor division of 12 prosecutors when fully staffed. To find out more about my DUI practice visit Daytona Beach DUI Lawyer. To learn more about my firm and the other attorneys I work with go to Daytona Beach criminal defense lawyers. We have offices in Daytona Beach and Sanford and limit our practice to Flagler, Lake, Orange, Seminole and Volusia County. 

Daytona Beach Criminal Defense Lawyer Kevin J. Pitts

Daytona Beach criminal defense attorney and Daytona Beach DUI Attorney Kevin J. Pitts at The Law Offices of Kevin J. Pitts P.A. focuses his practice on DUI and criminal defense. Felony, misdemeanor or traffic ticket Daytona Beach attorney Kevin J. Pitts can handle it all. No matter how big or how small your case may seem Mr. Pitts is prepared to take the necessary steps to achieve the best possible result in your case. Daytona Beach criminal defense attorney Kevin J. Pitts has experience in traffic court, misdemeanor court, felony court and administrative hearings. Kevin J. Pitts handles cases in Volusia, Flagler, Seminole and Orange County.

Thursday, September 20, 2012

What To Avoid When Hiring A Daytona Beach DUI Attorney



I spend a great deal of time talking with potential clients on the phone and in my office. Something that I am hearing more often from potential clients is that Daytona Beach DUI attorney so and so guaranteed me that he/she could beat my case. If an attorney ever guarantees a result ask them to put it in writing. A common trick in the criminal defense business is to promise high, deliver what you can and back pedal like crazy when the promise is not achieved. Some attorneys will try to blame it on the fact that they were not aware of some minute detail. Implying that you left something out when they made the promise. A responsible Daytona Beach DUI lawyer will not promise results during an initial consultation. A skilled defense attorney knows that the minute details can make or break a case. 
Another problem with promising the result is that the prosecutor, Judge and/or jury play a role in the outcome of the case. The prosecutor has the ability to make the case go away. A skilled defense attorney can help negotiate your case prior to trial to encourage the prosecutor to reduce or drop the case. The prosecutor will typically make a reasonable decision based on the facts in front of them. In the end it is the prosecutor’s decision not the defense attorney’s. If the prosecutor is not willing to give a reasonable offer a Daytona Beach DUI attorney can file defensive motions or set the case for trial. The judge decides legal matters in motions to suppress, motions in limine and motions to dismiss. Attorneys spend a great deal of time in front the local judges but it is never a good idea to promise what someone else will think or do. This is even more reckless when the attorney makes the promise before engaging in the discovery process. Some cases are better than others for a jury trial. To guarantee that a jury of six unknown people will acquit you prior to reviewing the discovery packet is foolish. 
An ethical Daytona Beach criminal defense attorney will discuss your case with you. From that discussion they will be able to spot potential legal issues. A few weeks after representation begins the attorney should receive all the states documents that will be used at trial or that are favorable for the defense. At this point the attorney has a much clearer picture of the issues in the case. I would recommend to anyone looking for an attorney to never hire someone based upon what they promise. If the promises sound too good to be true they probably are. Finally if someone promises that they will beat your case during an initial consultation that would be a good time to look for an honest attorney. Attorney Kevin J. Pitts will never promise you a result. We will discuss the law and facts of your case with you. Once retained our attorneys will leave no stone unturned to get the best possible resolution in your case. If you want to be told your case will magically go away we are not the firm for you. If you want a straight forward evaluation of your case call Daytona Beach criminal defense attorneys Kevin J. Pitts at 386-451-5112.