Thursday is Pre-Trial Conference in Polk County misdemeanor and criminal traffic court. What happens at a Polk County Pre-Trial Conference (PTC) court date?
These are usually scheduling court dates. Some cases are set for jury trial. Other cases have Motions that must be filed before the case is ready for trial. A Motion to Suppress for example is where a defense attorney is attempting to get evidence excluded (thrown out) by the judge so that it can not be used against the Defendant in their criminal case. For example, if a person is “in custody” and the police do not read them their rights (Miranda rights), any statements made by the Defendant are thrown out and can not be used against them. If the “confession” is the only evidence to prove the criminal charge, this could result in the entire criminal case being dropped.
Still other case are continued for one reason or another such as a deposition needing to be done or Discovery not complete. Finally, some cases are resolved when an individual enters diversion or a plea in their case. Yesterday, I watched many out-of-town lawyers resolve their case and it cost their client big time! Why? Because the lawyer from Orlando would not fight for their client or did not know how the court typically resolves those type of cases! The out-of-towner got home-towned! He pled his client and as part of the plea negotiations, had his client agree to pay $833.00 for the “Cost of police investigation” in a prostitution sting case. I was one of the 1st attorneys to fight this large investigation cost and what we typically do in these cases is split that amount among ALL the participants arrested in the sting. That means my clients only pay their portion of the cost which is typically reduced to $100.00.
That was not the only mistake! The attorney also allowed the court to make the $5,000.00 civil penalty a condition of the probation. What does that mean? It means that if his client does not pay the $5,000.00 within six (6) months, the probation officer will VIOLATE HIS PROBATION! The P.O. could have an arrest warrant issued and have the poor guy arrested AND held in jail with NO BOND! You are not entitled to a bond on a VOP! Now the person has to go back to court and fight a VOP and could end up adjudicated guilty making him INELIGIBLE TO SEAL HIS RECORD! Usually, probation officers will be good about things like this and have “Notice of Court Date” issued instead of having a warrant issued under these circumstances, but why risk it and suffer the stress and hassle of a VOP?
After that case pled out, I resolved my client’s prostitution case. $100.00 cost of investigation and the fine was NOT a condition of his probation. My legal fees may be higher than other attorneys, but as the old saying goes, you get what you pay for.
An experienced and aggressive local criminal defense attorney can make a big difference in your case and future!
Don’t leave it to chance, call me now!
CALL AND SET YOUR FREE OFFICE CONSULTATION NOW!
You will not have to drive to another county. Office – Lakeland, Polk County.
Thomas C. Grajek 863-688-4606
NCDD
