Barker LAW OFFICE YOUR LOCAL CRIMINAL DEFENSE TEAM

Defending you against the Government and its prosecutors

Being stopped by a police officer is always an unsettling experience.

Aggressive Representation

Defending the community since 2003.

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Drug Crimes

Nebbia Holds & Drug Bonds

Felony Drug Crimes

Doctor Shopping & Prescription Drugs

Illegal Possession Of Prescription Drugs

Prescription Defense & Oxycodone Defense

Florida Legalization of Marijuana

DUI Defense

DUI

DUI Administrative Hearings

Manslaughter

Boating Under the Influence

Multiple DUI/Repeat Offender

License Suspensions

Drunk Driving Penalties

What To Do If You Are Charged With Drunk Driving

Traffic Offenses

Criminal Traffic Offenses

Reckless Driving

License Suspension/Revocation

Juvenile Offenses

Sex Crimes

Statutory Rape Defense

Child Pornography Criminal Defense

Sexting Offenses

Traveling To Meet A Minor

Violent Crimes

Assault & Battery

Murder

Home Invasion

Abduction

Domestic Violence

Injunctions For Protection

Cyberstalking/Bullying

Domestic Violence Injunctions

Gun Rights & Carrying Concealed Weapons

Florida "Stand Your Ground" Lawyers

White Collar Crimes

Embezzlement

Probation Violations

Criminal Records

Pretrial Release

Bail And Bond Reduction

Criminal Appeals

Theft Offenses

Drug Crimes

Nebbia Holds & Drug Bonds

Felony Drug Crimes

Doctor Shopping & Prescription Drugs

Illegal Possession Of Prescription Drugs

Prescription Defense & Oxycodone Defense

Florida Legalization of Marijuana

DUI Defense

DUI

DUI Administrative Hearings

Manslaughter

Boating Under the Influence

Multiple DUI/Repeat Offender

License Suspensions

Drunk Driving Penalties

What To Do If You Are Charged With Drunk Driving

Traffic Offenses

Criminal Traffic Offenses

Reckless Driving

License Suspension/Revocation

Juvenile Offenses

Sex Crimes

Statutory Rape Defense

Child Pornography Criminal Defense

Sexting Offenses

Traveling To Meet A Minor

Violent Crimes

Assault & Battery

Murder

Home Invasion

Abduction

Domestic Violence

Injunctions For Protection

Cyberstalking/Bullying

Domestic Violence Injunctions

Gun Rights & Carrying Concealed Weapons

Florida "Stand Your Ground" Lawyers

White Collar Crimes

Embezzlement

Probation Violations

Criminal Records

Pretrial Release

Bail And Bond Reduction

Criminal Appeals

Theft Offenses

Free Criminal Defense Consultation

If you have been arrested, your liberty is potentially at stake,let us help you protect your rights. If you’re charged with a criminal offense your first step is to schedule a Free Legal Consultation.

Free Consultation

Criminal Defense FAQs

What is the Fourth Amendment?

The Fourth Amendment guarantees the right of people to be free from unreasonable searches and violations of privacy. The Fourth Amendment states: The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

What is Bail?

Bail is a method for persons arrested to be released from police custody pending their trial. If you are arrested and held at the police station, you have the right to a bail hearing before a judge within 24 hours.

What is a Bail Hearing?

whether you are a threat to the public, the seriousness of the offense you are arrested for, your criminal history, or outstanding charges, whether you have ever missed a trial in the past, and whether you have a job, a business or a family in the area.

What is the difference between a misdemeanor and a felony?

Criminal offenses can be separated into two kinds: misdemeanors and felonies. Misdemeanors are lesser offenses that usually result in a fine and possibly time in jail. Examples include DUI, shoplifting, and possession of small amounts of marijuana. There are many crimes that are felonies, however, which incur heavy fines and time in state prison instead of the county jail. Some of these offenses include violent crimes such as murder and manslaughter, sex crimes, or theft crimes like burglary and robbery.

I've been charged with a sex crime. Will I have to register as a sex offender?

If you were charged with a capital, life, or another degree of felony for a sex offense, including crimes such as molestation, child pornography or sexual battery, you will be required to register as a sex offender. This is particularly true if the offense was committed against a minor. Sex offender registry limits where you can live, work and travel, since you cannot remain within a certain distance of a school or child care center.

Why hire an attorney?

By hiring an attorney with significant trial experience and who is experienced in the courtroom, you can rest assured that your case is receiving the most aggressive defense possible. The Barker Law Office, PLLC. has handled cases many of them all the way to verdict. We will aggressively fight your charges.

What do I do if the police want to search my home. Should I let them in?

If the police come to your house and want to search, you are not required to let them in except if they have a search warrant. If they have a valid warrant, they are permitted to come in to and examine your home. They are obligated to knock and announce their presence.

What do I do if I am falsely accused of a crime?

You may know you are innocent, but that does not guarantee you that the charges will be dismissed or that a jury will find you not guilty. There are many people found guilty of crimes that they did not commit.

DEFENDING YOUR RIGHTS

BOND HEARINGS

MOTION PRACTICE

In Florida, a defendant is entitled to appear in front of a judge within 24 hours of his or her arrest.

Pursuant to Florida Statute 903.046, judges in Florida will determine bail based on:

The nature and circumstance of the offense committed
The weight of evidence against the defendant
The defendant’s family ties, length of residence in the community, employment history, financial resources and mental condition,
The defendant’s past and present conduct
Whether the defendant’s release poses probable danger to the community
The source of funds used to post bail
Whether the defendant is already on release pending another criminal proceeding
Whether the defendant may intimidate or danger victims
Whether there is probable cause to believe the defendant committed a new crime while on pretrial release
Any other facts the court considers relevant

When a person is arrested in Florida, he or she may be entitled to a bond reduction hearing, if they are unable to post the original bond set at the time of arrest.

If this occurs contact our office so an attorney can schedule the hearing as quickly as possible to expedite the release from custody.

MOTION PRACTICE

Pursuant to Florida Statute 3.190

Every pretrial motion and pleading in response to a motion shall be in writing and signed by the party making the motion or the attorney for the party. This requirement may be waived by the court for good cause shown. Each motion or other pleading shall state the ground or grounds on which it is based. A copy shall be served on the adverse party. A certificate of service must accompany the filing of any pleading.

Some Motions that may be available to a defendant include:

Memorandum of Law

Motion to Recuse Judge

Motion To Suppress

Motion to Exclude Williams Rule Evidence

Motion to Set and Reduce Bond

Motion for Reduction of Bond

Motion to Supress Searches & Seizures

Petition for Writ of Certiorari

Motion for Leave to Take Deposition – DUI

TRIAL

MOTION PRACTICE

TRIAL

In Florida, an accused is entitled to either a six-person jury or a twelve person jury. In either scenario, any verdict must be unanimous.

The State has the burden of proving each element, of each charge, beyond a reasonable doubt.

During trial, both the state and the defense are entitled to make an opening statement after jury selection has concluded. The defense may make an opening statement at that time, or may even elect to do after the state has rested.

The state puts its case on first. The Defense can cross exam the State's witnesses.

Once the state has rested, the defense can make a motion for a judgment of acquittal. If a judgment of acquittal is granted that means that the evidence and testimony, presented during the state’s case-in-chief, do not support the charge. If the motion is denied, the defendant can present its own witnesses and the Defendant may also elect to testify on his own behalf.

At the conclusion of the defense case, the attorney will make a renewed motion for judgment of acquittal. Then closing arguments will commence