After your criminal case is over can you get your record Expunged or Sealed? I will tell you if you qualify and which way you can legally go to get your case off your record.
Exgungment
If your case was dismissed or no billed by the State Attorney and you have not previously had a case expunged you should qualify to expunge your case. This means that the arrest will be off your record and almost everyone will never see it again. Even after a case is dropped the arrest will still show on your record forever!!! This is especially important in today's workforce where employers are looking up arrest history.
Sealing
If you are found guilty or you take a plea and you get a withhold of adjudication and it is your first offense you may be able to get your record sealed. There are come charges like Domestic Violence Battery that if you take a plea to may not be sealed, that is why it is important to fight those charges in court. But most charges can be sealed which means that the arrest and case will not show up the the average employer or person
Thursday, January 13, 2011
Driving with a Suspended License
In Florida if you get stopped and you know your license was suspended it is a criminal offense that you can be arrested for. If you did not know your license was suspended, it is a non-criminal traffic offense and you will receive a citation which is payable.
Habitual DWLS
In Florida if you get 3 driving while license suspended (DWLS) charges criminal or civil in a 5 year period you can lose your license for 5 years. This is why it is important to hire a lawyer even if it is your first time to try to avoid this blemish on your record.
What If I Am under a 5-Year Suspension?
There are many times that we can get the 5 year suspension off your record and get your license back. But it is important to get a copy of your driving record and then call our office so we can review it. It some cases we have been able to go before a Judge to have the points taken off and your habitual status removed.
Habitual DWLS
In Florida if you get 3 driving while license suspended (DWLS) charges criminal or civil in a 5 year period you can lose your license for 5 years. This is why it is important to hire a lawyer even if it is your first time to try to avoid this blemish on your record.
What If I Am under a 5-Year Suspension?
There are many times that we can get the 5 year suspension off your record and get your license back. But it is important to get a copy of your driving record and then call our office so we can review it. It some cases we have been able to go before a Judge to have the points taken off and your habitual status removed.
Actual Vs. Constructive Possession
If you have been arrested on any drug charge, including distribution, trafficking or possession, it is important for you to seek the guidance of an experienced criminal defense lawyer to fight for your rights. The quality of your defense can affect not only the outcome of your case but also the outcome of your future. At The Law Office of Corey I. Cohen, we provide caring, committed and capable defense against drug charges that include: Possession Cultivation of marijuana Sale and distribution Possession of drug paraphernalia Actual Possession of Drugs is the situation where the police find the drugs on your person, in your hand and no one else had equal access to the drugs found. However, many times when Law Enforcement stops a car or serves a warrant on a home there are multiple people who all have the same access to the drugs. This is called Constructive Possession of Drugs.
To be convicted of a case where there is constructive possession, the State must prove three elements: (1) Defendant had dominion and control over the contraband. (2) Defendant knew contraband was present. (3) Defendant knew of the illicit nature of contraband. Mere proximity to the drugs is usually not enough to convict someone in this type of case. We are able to get many of these cases dismissed based on the principles of Constructive Possession. We have helped a significant number of juveniles, college students, tourists visiting Florida from out of state, and regular, every-day people overcome issues stemming from an arrest on a drug charge. You have one chance to fight. Call 407-246-0066. Contact us online. An Aggressive, Hardworking and Intelligent Defense Corey I. Cohen, former prosecutor for the State Attorney's Office and public defender, leads our law office. He has considerable experience handling all aspects of a criminal defense, from bond hearings, to arraignments to jury trials. There are many approaches to building a defense that works. Which one you should use in your case will depend on the facts of your situation. Lawyer Corey I. Cohen creates strategies that can help overcome the obstacles to getting your case dismissed, the charges reduced or any negative consequences of a conviction minimized. If we believe that the best way to protect your rights is through trial, we will tell you so. We have built a solid track record of success in handling drug cases and other similar matters through trial. Free Initial Consultation at The Law Office of Corey I. Cohen We give every new criminal defense client a free and confidential initial consultation. We offer reasonable rates, and flexible payment options may be available. Contact us today - for aggressive defense against drug charges. Call 407-246-0066.
To be convicted of a case where there is constructive possession, the State must prove three elements: (1) Defendant had dominion and control over the contraband. (2) Defendant knew contraband was present. (3) Defendant knew of the illicit nature of contraband. Mere proximity to the drugs is usually not enough to convict someone in this type of case. We are able to get many of these cases dismissed based on the principles of Constructive Possession. We have helped a significant number of juveniles, college students, tourists visiting Florida from out of state, and regular, every-day people overcome issues stemming from an arrest on a drug charge. You have one chance to fight. Call 407-246-0066. Contact us online. An Aggressive, Hardworking and Intelligent Defense Corey I. Cohen, former prosecutor for the State Attorney's Office and public defender, leads our law office. He has considerable experience handling all aspects of a criminal defense, from bond hearings, to arraignments to jury trials. There are many approaches to building a defense that works. Which one you should use in your case will depend on the facts of your situation. Lawyer Corey I. Cohen creates strategies that can help overcome the obstacles to getting your case dismissed, the charges reduced or any negative consequences of a conviction minimized. If we believe that the best way to protect your rights is through trial, we will tell you so. We have built a solid track record of success in handling drug cases and other similar matters through trial. Free Initial Consultation at The Law Office of Corey I. Cohen We give every new criminal defense client a free and confidential initial consultation. We offer reasonable rates, and flexible payment options may be available. Contact us today - for aggressive defense against drug charges. Call 407-246-0066.
Tuesday, April 27, 2010
Immigration consequences of a Criminal Case
Orlando Immigration & Criminal Defense Lawyer
If you are not a United States citizen, and you are charged with a crime, the immigration consequences of a conviction could prove to be far more severe than the immediate court consequences. Unfortunately, many criminal attorneys do not know the immigration consequences that even minor criminal convictions can have on a non-citizen. Because of the serious immigration consequences of many criminal convictions or even pleas resulting in dismissal, most jurisdictions recognize that effective criminal defense of a non-citizen often goes well beyond the typical criminal defense. At the Law Office of Corey Cohen we provide the effective criminal defense a non-citizen requires.
Immigration Hold while the Case is Pending
If you are not a United States Citizen and you are arrested for a crime, the office of homeland security may put an immigration hold on you which is sometimes known as an ICE hold. This means that you will not be able to bond out of jail while your case is pending. You need a lawyer who can talk with homeland security and negotiate a way to have this hold removed pending resolution of your case. Immigration can put a hold on you for any charge, even a misdemeanor
Potential for Deportation
Remarkably even misdemeanor convictions with no jail time can result in the deportation and permanent exclusion of a non-citizen. If you take a plea or get found guilty at trial, even if the criminal court does not convict you of the charge for immigration purposes it is a criminal conviction. This same result occurs even with residents that have been in the United States for decades, established businesses, purchased homes, raised families and had no other prior legal problems. It is surprising to learn that relatively minor charges can result in deportation while far more serious crimes have no immigration consequences at all. The immigration consequences depend on the classification of the crime.
Charges of Moral Turpitude
It is the crimes of moral turpitude that will normally have surprising immigration consequences regardless of the seriousness of the crime. If you are not citizen and you are charged with a crime, you attorney's first task is to determine the exact immigration consequences of a conviction. This is where any plea deal regadless of adjudication will count as a conviction for immigration purposes. Your only option for these cases is a dismissal to avoid any immigration consequences.
If you are charges with a crime and are not a United States citizen or have any immigration issues or concerns you need to tell your attorney at the very first meeting. A lawyers approach to the case may change if they know this informtion. A plea offer that may seem good for the average person may have dire consequcnces for someone who is not a United States Citizen.
For more information call Attorney Corey Cohen at 407-246-0066, or you may email him personally to discuss your case.
www.coreycohen.com
If you are not a United States citizen, and you are charged with a crime, the immigration consequences of a conviction could prove to be far more severe than the immediate court consequences. Unfortunately, many criminal attorneys do not know the immigration consequences that even minor criminal convictions can have on a non-citizen. Because of the serious immigration consequences of many criminal convictions or even pleas resulting in dismissal, most jurisdictions recognize that effective criminal defense of a non-citizen often goes well beyond the typical criminal defense. At the Law Office of Corey Cohen we provide the effective criminal defense a non-citizen requires.
Immigration Hold while the Case is Pending
If you are not a United States Citizen and you are arrested for a crime, the office of homeland security may put an immigration hold on you which is sometimes known as an ICE hold. This means that you will not be able to bond out of jail while your case is pending. You need a lawyer who can talk with homeland security and negotiate a way to have this hold removed pending resolution of your case. Immigration can put a hold on you for any charge, even a misdemeanor
Potential for Deportation
Remarkably even misdemeanor convictions with no jail time can result in the deportation and permanent exclusion of a non-citizen. If you take a plea or get found guilty at trial, even if the criminal court does not convict you of the charge for immigration purposes it is a criminal conviction. This same result occurs even with residents that have been in the United States for decades, established businesses, purchased homes, raised families and had no other prior legal problems. It is surprising to learn that relatively minor charges can result in deportation while far more serious crimes have no immigration consequences at all. The immigration consequences depend on the classification of the crime.
Charges of Moral Turpitude
It is the crimes of moral turpitude that will normally have surprising immigration consequences regardless of the seriousness of the crime. If you are not citizen and you are charged with a crime, you attorney's first task is to determine the exact immigration consequences of a conviction. This is where any plea deal regadless of adjudication will count as a conviction for immigration purposes. Your only option for these cases is a dismissal to avoid any immigration consequences.
If you are charges with a crime and are not a United States citizen or have any immigration issues or concerns you need to tell your attorney at the very first meeting. A lawyers approach to the case may change if they know this informtion. A plea offer that may seem good for the average person may have dire consequcnces for someone who is not a United States Citizen.
For more information call Attorney Corey Cohen at 407-246-0066, or you may email him personally to discuss your case.
www.coreycohen.com
Orange County DUI Pre-Trial Diversion
Florida DUI Pre-Trial Diversion Attorney
Under certain circumstances your case may be eligible for a pre-trial diversion program or PTD. This is an option that our law firm will explore on every first time DUI charge. In Orange County there is a program that if accepted into will give you a chance to get your DUI dismissed. Once you hire a lawyer at the Law Office of Corey Cohen we would work towards getting you into this program and ultimately getting your charges dismissed and later sealed or expunged.
The DUI diversion program in Orange County is as follows:
The defendant must have no prior alcohol related driving history.
The defendant may have no more than two prior misdemeanor convictions.
The defendant may have completed no more than one diversion program.
The defendant must not have been involved in a crash in the instant case.
The facts of the case must suggest that the defendant is a good candidate for the DUI Diversion.
This last factor is where the hiring of a lawyer is important. The state has the ultimate authority to approve or deny someone based on the facts of the case. By hiring a lawyer your chances of getting approved for Pre-trial diversion are a lot stronger.
There are also two tiers of DUI diversion based on the breath/blood test results or if there was a refusal to take the breath test. This determines how long the diversion program may last.
With tier one the breath/blood averages to less than .15 and tier two is for refusals or the average breath/blood results are .15 or greater.
Call the Law Office of Corey Cohen, P.A. at 407-246-0066 to find out more about DUI diversion and for a free screening to see if your case may qualify.
Law Office of Corey I. Cohen, P.A.
DUI Defense Attorneys
Orlando, Florida
407-246-0066 • E-Mail
www.coreycohen.com
Under certain circumstances your case may be eligible for a pre-trial diversion program or PTD. This is an option that our law firm will explore on every first time DUI charge. In Orange County there is a program that if accepted into will give you a chance to get your DUI dismissed. Once you hire a lawyer at the Law Office of Corey Cohen we would work towards getting you into this program and ultimately getting your charges dismissed and later sealed or expunged.
The DUI diversion program in Orange County is as follows:
The defendant must have no prior alcohol related driving history.
The defendant may have no more than two prior misdemeanor convictions.
The defendant may have completed no more than one diversion program.
The defendant must not have been involved in a crash in the instant case.
The facts of the case must suggest that the defendant is a good candidate for the DUI Diversion.
This last factor is where the hiring of a lawyer is important. The state has the ultimate authority to approve or deny someone based on the facts of the case. By hiring a lawyer your chances of getting approved for Pre-trial diversion are a lot stronger.
There are also two tiers of DUI diversion based on the breath/blood test results or if there was a refusal to take the breath test. This determines how long the diversion program may last.
With tier one the breath/blood averages to less than .15 and tier two is for refusals or the average breath/blood results are .15 or greater.
Call the Law Office of Corey Cohen, P.A. at 407-246-0066 to find out more about DUI diversion and for a free screening to see if your case may qualify.
Law Office of Corey I. Cohen, P.A.
DUI Defense Attorneys
Orlando, Florida
407-246-0066 • E-Mail
www.coreycohen.com
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