Award-Winning Defense
DAYTONA BEACH CRIMINAL DEFENSE ATTORNEY
The Daytona Beach criminal defense lawyers at Hager & Schwartz, P.A. offer aggressive defense representation in Daytona Beach, Deltona, DeLand, Ormond Beach, Port Orange, Edgewater, New Smyrna Beach, Volusia County, Flagler County, and beyond.
With more than five decades of combined experience, we are confident in our ability to provide the effective advocacy that you deserve, even against the most complex charges.
As former state prosecutors, our Daytona Beach criminal defense lawyers approach each case with from a unique advantage – one that allows us to create strategies specifically designed to find weaknesses in the prosecution's case against you.
If you were arrested for a crime, contact our law firm today at (386) 693-1637 to schedule a free consultation. Our Daytona Beach criminal defense attorneys also serve clients in Miami-Dade County and Broward County.
Defense You Can Depend On
A Firm With a Winning Record
YOU DON'T NEED TO FACE IT ALONE
We understand that facing criminal charges can be daunting and stressful. Whether you
are dealing with a misdemeanor or a felony, the complexities of the legal system can feel overwhelming. We aim to provide you the support and guidance you need during this challenging time.
You may have many questions about your case, the legal process, and the potential outcomes. That’s why our team is committed to being accessible and responsive. We offer round-the-clock availability, allowing you to reach us whenever you need assistance. Our prompt responses and dedication to your case mean you will never feel alone navigating the legal landscape.
CASES OUR DAYTONA BEACH CRIMINAL LAWYERS HANDLE
We handle various criminal matters, from misdemeanors to serious felonies. Each case is unique, and our Daytona Beach criminal lawyers develop tailored defenses to address your situation's circumstances and details. Our comprehensive approach allows us to consider every aspect of your case to provide effective representation.
- Assault & Battery: Assault and battery are two different offenses in Florida. Assault involves threatening to do violence to another person, coupled with the ability to carry out that threat. Battery involves touching, striking, or causing bodily harm to another person without their consent. common challenges include proving the intent behind the threat in assault cases and establishing the non-consensual nature of contact in battery cases. Possible defenses include self-defense, defense of others, or challenging the accuser's credibility.
- Domestic Violence: Domestic violence involves acts of violence against a family or household member. Defendants may face allegations fabricated for personal gain, such as obtaining an advantage in child custody battles or as an act of revenge. Possible defense strategies include demonstrating the falsehood of the allegations, showing a lack of evidence, or proving self-defense.
- Drug Crimes: These crimes involve selling, manufacturing, delivering, or possessing controlled substances. The severity of charges can escalate to drug trafficking depending on the quantity of the substances involved. Defending against charges includes challenging the accuracy of test results, proving unlawful search and seizure, or questioning the chain of custody of the evidence.
- DUI: A DUI involves driving or being in physical control of a vehicle while under the influence of alcohol and/or drugs or with an unlawful BAC. These charges can be challenged by demonstrating an unlawful stop or arrest, improper procedures, or questioning the validity of the chemical tests.
- Felonies / Misdemeanors: These are the levels of charges specified under Florida law, with felonies being more serious than misdemeanors. The defenses must be tailored to the case specifics, such as lack of intent, mistaken identity, or alibi.
- Insurance Fraud: This offense involves presenting a false statement for a claim to receive a benefit from an insurance policy. The charge can be challenged in various ways, such as demonstrating a lack of intent to commit fraud or proving that the statement was not false.
- Juvenile Crimes: These are delinquent acts or criminal violations alleged to have been committed by a child under 18 years of age. The juvenile justice process differs from the adult system, requiring careful navigation of different legal procedures and protections. The defenses raised in these cases must be tailored to each unique situation.
- Manslaughter / Murder: Murder is the unlawful killing of another person with premeditation, while manslaughter involves killing without justification or premeditation. Possible defenses that can be mounted include self-defense, mistaken identity, accidental death, or lack of premeditation.
- Sex Crimes: These are offenses of a sexual nature, such as sexual battery, child pornography, lewdness, and indecent exposure. Such cases carry severe social and legal consequences, including possible registration as a sex offender. Some ways to fight allegations include challenging the accuser's credibility, proving consent, or demonstrating a lack of intent.
- Theft Crimes: These crimes involve unlawfully obtaining another person’s property without the owner's permission. It is possible to fight charges by showing that the defendant had permission to take the property, a lack of intent to deprive the owner of the property, or proving mistaken identity.
- White Collar Crimes: These are non-violent crimes motivated by financial gain, such as embezzlement, identity theft, tax evasion, fraud, and forgery. Defenses vary based on the offense but may include lack of intent, coercion, or insufficient evidence.
AVOID COMMON MISTAKES AFTER AN ARREST
A successful defense starts with early involvement. Do not wait to contact a lawyer before it's too late. When you work with our Daytona Beach criminal defense lawyers, we will guide you through every facet of the legal process from start to finish, to ensure the best possible chance of a favorable case outcome.
When looking for a defense lawyer, remember this: shopping for a bargain isn't a good deal. A public defender may seem like an economical option, but a criminal conviction can cost more in the long run. With a skilled legal professional on your side, you can have pace of mind that your case is in capable hands.
We recognize that some individuals might hesitate to hire legal representation due to financial hardships. However, we firmly believe that everyone deserves access to quality legal representation. That is why we offer free consultations and flexible payment plans to support our clients, preventing financial concerns from standing in the way of individuals receiving the legal help they need.
With a skilled legal professional on your side, you can have peace of mind that your case is in capable hands.
FLORIDA CRIMINAL PROCESS
Navigating the criminal justice process in Florida can be complex and daunting. Each stage requires meticulous attention to detail and careful consideration to protect the defendant's rights and facilitate a fair trial.
Below is an overview of the typical stages in a criminal case:
- Crime reported: The process begins when a crime is reported to law enforcement officials or observed directly by a police officer. Once the authorities are notified, they will investigate to gather evidence and determine whether a crime has occurred. At this stage, the role of a defense lawyer is to start gathering evidence and begin an independent investigation to build a strong defense strategy from the outset.
- First appearance: Within 24 hours of an arrest, the defendant is brought before a judge. During this first appearance, the defendant is informed of the charges against them and advised of their rights, including the right to an attorney. A defense lawyer protects the defendant's rights during this initial hearing and may argue for bail or other conditions of release.
- Charges filed: The prosecutor reviews the police report and other evidence to decide whether a sufficient basis exists to pursue charges. If the prosecutor chooses to move forward, they will file an Information, a formal charging document, with the court. During this stage, a defense attorney may conduct a pre-file investigation to gather evidence favorable to the defendant and present it to the prosecutor, which might prevent formal charges from being filed altogether.
- Arraignment: At the arraignment, the judge formally advises the defendant of the charges brought against them. In felony cases, the judge typically does not accept a guilty or no contest plea at this stage. However, in misdemeanor cases, the defendant may enter a plea of guilty or no contest. Defense lawyers provide counsel on how to plead and prepare for the following stages of the case.
- Pre-trial proceedings: Pre-trial proceedings in felony cases involve case management to discuss the timeline and readiness for trial. Pre-trial hearings are scheduled in misdemeanor cases to determine specific trial dates and times. Defense attorneys also use this time to file motions, gather evidence, interview witnesses, and negotiate plea bargains.
- Trial: The prosecution and defense present their cases before a judge or jury during the trial. The prosecution must prove the defendant's guilt beyond a reasonable doubt. The defense cross-examines witnesses, presents evidence, and argues on behalf of the defendant to create reasonable doubt. As the trier of fact, the judge or jury will then deliberate and render a verdict.
- Sentencing: If the defendant is found guilty, sentencing will follow. The judge will impose a sentence based on guidelines and their discretion, considering the case's specifics and any relevant factors. A defense attorney advocates for favorable sentencing, presenting mitigating evidence and arguing for leniency.
- Appeal: The defendant has the right to appeal the trial court's decision if they believe a legal error affected the outcome of the proceedings. The appellate court will review the case for errors and determine whether to uphold or overturn the conviction. Defense lawyers identify grounds for appeal and file the necessary paperwork
Our Daytona Beach defense attorneys can guide you through each stage of the process. We provide sound counsel to help you avoid missteps that could adversely affect your case and protect your rights throughout the process. With day and night availability, we are easy to get in touch with and are prepared to act swiftly from the early stages of your criminal matter.
WHY HIRE A FORMER STATE PROSECUTOR?
Our background in criminal prosecution gives us a unique advantage in court. We understand common strategies and techniques used by prosecutors to obtain a conviction; let us put this experience to work for your case. Learn more about our prosecution experience and representation philosophy here.
DEFENSE FOR DRUG CRIMES IN DAYTONA BEACH
"Drug crime" is an umbrella term that encompasses criminal charges related to any controlled substances. This includes marijuana charges, cocaine, drug manufacturing, cultivation, sales, and possession. These offenses range from misdemeanors to serious crimes: first-time drug possession all the way to trafficking and manufacturing.
If you are under investigation for a drug crime, it is imperative that you speak with a Daytona Beach criminal defense attorney today. Drug crimes involve a variety of legal complications not found in other case types, and our firm is ready to help you make educated decisions to choose the best path for your defense. To learn more about your options with us, visit our drug crimes defense page.
Types of Cases We Handle
The Team Who Will Fight for You
Protecting your rights, defending your freedom
WHY WORK WITH HAGER & SCHWARTZ, P.A.?
The right criminal defense begins with the right Daytona Beach criminal defense attorney. If you were arrested for a crime, your future, freedom, and your reputation are on the line.
Some of our firm's distinction are:
- Over 50 years of combined legal experience
- Free initial consultation
- Payment plans
- Constant accessibility
- Custom-fit case strategies
- Former state prosecutors
- Daytona Beach Criminal Defense Attorneys who truly care
- Speak directly to our attorneys now (386) 693-1637
