Mistakes are made by everyone. However, what happens when a mistake is really an illegal act and you are charged with a crime? Is it possible for you to say you made a ‘mistake of law’? Do you know what a ‘mistake of law’ is and if it is a criminal defense?

Did you know that people are normally expected to be aware of the laws governing their community and state? But there are exceptions. A traffic ordinance was repealed, negating long standing parking protections in a downtown district. Can an unsuspecting motorist immediately be held accountable? 

Were you aware that a ‘mistake of law’ defense can allow for misunderstandings and ignorance of certain laws in specific situations? But claiming ignorance of law after robbing a bank does not apply, however illegal acts in other circumstances do, such as when:

• A law has not been published
• A law has changed, unbeknownst to a defendant
• A defendant’s actions relied on a court ruling that was newly overturned
• A defendant acted wrongfully, but in accordance with public advisement, such as taking direction from a state agency

Of course no one can possibly know every single law as it is promulgated, changed or repealed. But that does not mean you will not get ticketed, arrested or charged with a crime in certain situations. To mount a ‘mistake of law’ defense, applicable mistakes must have been reasonable and made in good faith. A defendant cannot claim, for example, a ‘mistake of law’ defense and argue that he or she committed an illegal act because it was legal 200 years ago. 

Other defensible mistakes can derive from “mistakes of fact.” This occurs when an illegal act is committed without the intent to cause harm. For example, if you exited a coffee shop with a laptop computer that looked identical to your own, but turned out to be another patron’s laptop, the act could be construed as stealing. However, an experienced Florida criminal defense attorney could argue that the laptops looked the same, and the event was a misunderstanding. In other words, an honest, reasonable mistake of fact occurred that lacked the intent to deprive another person of their property. Thus, no crime was committed. 

If you or someone you know feel\ that you are being legally punished for a mistake, contact a qualified attorney to learn more about rights. Contact Kristie Cohen Law for experience, integrity, and results. Our firm intentionally keeps its caseload small so we can give each client the time and personal attention they deserve. We are equipped to handle all cases from a misdemeanor to major felonies. We work diligently for each client to get them the best possible outcome in each case.

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​Did you know that when you violate your probation, you are breaking the terms and conditions of your agreement? Are you aware of the many different ways a person can violate a probation including, but not limited to, failing to appear at a scheduled court date, not reporting to your probation officer when necessary, and not paying fines as ordered by the court? In addition, you may also be in violation if you visit certain places without the permission of your probation officer, commit another crime or get arrested for another offense. Be aware that probation is court-ordered and, as such, it is illegal to break the terms for any reason.
 
Now depending on the original offense, probation lengths can vary. Your Florida criminal law attorney will be able to help you understand how long your probation will be. Until the official conclusion of probation is issued, you are at risk of violating your probation if you are not careful.
 
Be mindful that each probation violation is different, this makes the potential impact quite broad and specific to your case. For example, your probation officer could issue a warning or require you to appear in court for a probation violation hearing. No matter what the circumstance is, you need to speak with your Florida criminal defense attorney as soon as possible. If you are requested to appear in court for a probation violation hearing, your penalty could potentially include jail time.
 
If you are found guilty of violating your probation, your sentencing could include extended probation time, imposing of additional probation terms, serving a brief amount of time in jail or revoking the probation all together and requiring you to serve the remaining time of your original sentence incarcerated. For example, if you violate your probation with six months left, you may be required to spend the remaining six months in jail.
 
If you do violate your probation, do you have any legal rights? Yes. You generally have the right to receive written notice of the claimed violations, be heard by a neutral judge, and be represented by your Florida criminal attorney who can present evidence to help your case. Do not wait to contact your attorney to have her guide you through the process and know that you understand your rights.
 
How serious the violation claims are can impact your violation of probation.  If you do find yourself in a probation violation situation, do not hesitate to call us. For more information, contact us today.
 
Do you have questions after reading this article? Contact Kristie Cohen Law for experience, integrity, and results. Our firm intentionally keeps its caseload small so we can give each client the time and personal attention they deserve. We are equipped to handle all cases from a misdemeanor to major felonies. We work diligently for each client to get them the best possible outcome in each case.

Have you ever wondered why it might be important to know a criminal law attorney in your community? You need to be aware that if you are charged with committing a crime, time is of the essence. Whether you have been arrested for a misdemeanor or felony offense, you could potentially be facing very serious consequences.  Therefore, we believe that the key to successful representation is to not only hire an experienced Florida criminal defense attorney but to also hire a Florida attorney counsel who is a legal advocate in your local community.
 
There are many advertisements and marketing campaigns targeting representation for those who are charged with a crime. Be aware, though, that many of these attorneys are not based in your local community. Also, many of the companies you hear marketing legal services are just that - marketers - and not actual attorneys themselves. So, hiring locally for your Florida criminal defense attorney counsel is an important step in your representation.
 
We have four key points to share with you that you need to know when it comes to hiring a Florida community criminal defense attorney at this critical time in your life.
 
1.  Your local criminal defense attorney will often know the other parties involved. When you hire a local attorney counsel to represent you, she will know the judges, the police, the clerks, and the state attorney. Each of these people will play a role in the outcome of your case and your local attorney will know them by name. Further, your Florida attorney will also be familiar with recent decisions on cases that could impact you and be able to apply this knowledge to your case.
 
2. Your local attorney counsel will be familiar with the local court process. Community criminal defense attorneys understand the complexities and nuances of your local court system. Each court system is different and the judges and clerks within it have their own way of getting things done. Hiring an attorney who practices law in your town can reduce confusion on the way things are handled in your type of case.
 
3. A local criminal defense lawyer is your best advocate. Family and friends can offer moral support when you have been arrested, but their help ends there. Do not let others make your decisions for you when it comes to hiring the right, local advocate for you. It is the job of your Florida criminal defense attorney to advocate on your behalf in the courtroom and work with you to reach the best solution based on your circumstances.
 
4. Do not wait until it is too late to act.  As stated in the opening paragraph, time is not on your side when you have been charged with a crime. You need to find and secure criminal defense representation as soon as possible. Start by determining the local Florida criminal defense attorneys who can represent you and schedule an initial meeting to determine if the attorney you selected will be able to represent you in your case. If you wait to be reactive rather than proactive, you will lose precious time that your local criminal defense attorney could have used to work on your case.
 
Choosing to hire local attorney counsel is one of the smartest things you can do when it comes to criminal defense representation.
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Do you have questions after reading this article? Contact Kristie Cohen Law for experience, integrity, and results. Our firm intentionally keeps its caseload small so we can give each client the time and personal attention they deserve. We are equipped to handle all cases from a misdemeanor to major felonies. We work diligently for each client to get them the best possible outcome in each case.