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creative solutions to legal problems facing
our clients. Let us show you how our team of
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Criminal Defense
Criminal Defense: An Overview
The lawyers of Cameron, Gonzalez & Marroney provide professional and
quality representation and most
importantly, affordable criminal
representation in both Federal and State
Courts.
If you have been arrested or criminally
charged with a crime, you must be
proactive in protecting yourself. The
most important action you can take is to
contact an experienced criminal
defense attorney
with the knowledge, skills and resources
necessary to safeguard your interests.
As a former police officer in Palm Beach
County, Orlando Gonzalez, Esquire has
extensive knowledge of the criminal
justice system from an investigative and
prosecutorial perspective. He uses this
insider perspective to aggressively
defend your constitutional rights. If
you are the target of a police
investigation or have been arrested for
a criminal offense then
YOU HAVE RIGHTS
and Orlando Gonzalez, Esquire will fight
to protect those rights whether you have
been charged with a felony or a minor
traffic offense.
- State Criminal Defense - Probable
Cause to Arrest
- Bond and First
Appearance
- Charging Process
- Arraignment in the Discovery Process
- Plea Negotiations and Trial
- State Criminal Defense conclusion
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Orlando Gonzalez,
Esquire has represented clients accused of
the following offenses:
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Aggravated Assault
Aggravated Battery
Aggravated Stalking
Armed Burglary
Armed Kidnapping
Armed Robbery
Armed Trafficking
Arson
Assault
Attempted Murder
Battery - "Domestic Battery"
Battery on a law enforcement
officer
Bribery
Burglary
Child Abuse and Molestation
Child neglect
Conspiracy
Credit card fraud
Criminal mischief
D.U.I. with serious bodily
injury
Domestic Battery on the
elderly
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Driving under the influence
Driving while license
suspended
Drug Possession
Drug Trafficking
Embezzlement
Environmental Crimes
Exploitation of the elderly
Extortion
Firearms offenses
Forfeiture
Forgery
Fraud
Grand Jury testimony
Grand theft
Habitual traffic offender
Healthcare fraud
Identity theft
Indecent Exposure
Insurance fraud
Kidnapping
Leaving the scene of an
accident
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Lewd and lascivious conduct
Medicare fraud
Obstruction of justice
(resisting arrest without
violence)
Organize Scheme to defraud
Perjury
Petty theft
Possession of narcotics with
intent to sell
Post-conviction relief
matters
Prostitution
Reckless driving
Resisting arrest with or
without violence
Sale of drugs
Sexual assault
Sexual battery
Solicitation
Stalking
Theft
Vehicular homicide
Violation of injunction
against domestic violence
Witness tampering and
threats
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Probable
Cause to Arrest
In the State Criminal Justice System,
most prosecutions begin with an arrest.
Law enforcement officers arrest a
citizen if they have “probable cause” to
believe a crime was committed and that
the citizen/defendant committed the
crime. Probable cause is a low, easy
standard for law enforcement to meet.
Simply stated, did the defendant
probably commit the crime? At the time
of the arrest, the police will draft a
document called a “Probable Cause
Affidavit”. This affidavit will describe
the crime and that the person arrested
allegedly committed. Rest assured, this
affidavit will not have any information
which benefits the accused. Almost
always, the affidavit will contain only
negative comments about the
accused/defendant. This document will
be filed with the Court and with the
State Attorney’s Office and will go to
the Judge.
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Bond and First Appearance
In the State Criminal Justice System,
the person arrested, who is called the
“Defendant”, will usually be brought
before a Judge within 24 hours of his or
her arrest. The hearing is called a
“First Appearance” hearing and after
reviewing a copy of the probable cause
affidavit and the criminal history of
the Defendant, the Judge will make the
final determination as to what the bond
amount shall be. In larger
jurisdictions, there are preset bond
amounts for certain crimes so many times
Defendants can bond out of jail before
the First Appearance hearing.
Defendants charged with Capitol
Offenses like murder or life felonies or
felonies punishable by life imprisonment
like burglary with a battery in a
dwelling or kidnapping are not eligible
for a bond and will be held with “no
bond.”
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Charging
Process
A copy of the Probable Cause Affidavit
is sent to the State Attorney’s Office
along with other police reports that
might have been generated at the time of
the arrest. The State Attorney’s Office
will then review the Probable Cause
Affidavit along with the other police
reports and may meet with the alleged
“victims” and police officers for the
purpose of making a final decision as to
what charges the Defendant/accused will
be prosecuted for. If the State
Attorney’s Office decides not to file
charges, the case will be “No Filed”
also known as being “Dismissed.”
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Arraignment and the Discovery Process
If the State Attorney’s Office
files charges, those charges will be
filed at or before “Arraignment”.
Arraignment is a court hearing whereby
the charges against the Defendant are
read in open court unless that reading
is waived, and the Defendant is required
to enter a plea of “Guilty” or “Not
Guilty” or “No Contest”. If a Not
Guilty plea is entered, the case is set
for Trial and “Discovery” begins.
“Discovery” is the process whereby the
State Attorney’s Office is obligated to
turn over all police reports and
documents which they intend on using in
their prosecution against the Defendant.
They must turn over all documents
whether the documents assist the
Defendant or incriminate the Defendant.
In addition, they must furnish a list
of all the witnesses they intend on
using in the prosecution. The latter
is referred to as a “Witness List”.
Once the Witness List is turned over,
the Defendant is permitted to take
“Depositions” of all the State witnesses
and of other individuals that can help
the defense. A “Deposition” is a
proceeding where the defense attorney
can ask individual questions of the
witness, and the witness must answer
questions under oath. Depositions are
the single most important discovery tool
in a State Criminal case.
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Plea
Negotiations and Trial
Once the Discovery process is complete,
a Defendant can either take a “Plea
Offer” from the State Attorney’s Office
or elect to go to Trial. Plea offers
are offers made by the State Attorney’s
Office, and offers can range from
Pre-trial Diversion to probation to a
combination of probation and
incarceration. Almost always, plea
offers are negotiated between the
prosecuting attorney and the defense
attorney. If an agreement can not be
reached on a plea and sentence, the case
goes to trial where the State Attorney’s
Office must prove its case to a jury
“Beyond a Reasonable Doubt”. This is a
much higher standard to prove than
probable cause.
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State
Criminal Defense Conclusion
Being accused of a crime and being
prosecuted for the allege crime is a
freighting and stressful situation. No
matter how minor the charge may seem,
you should be represented by a
knowledgeable and competent attorneys
who work through the criminal justice
system and give you zealous
representation. The attorneys of
Cameron, Gonzalez & Marroney,
understand the impact it can have on
your life. If you have been accused of
a crime or you know someone who has been
accused of a crime, do not delay in
contacting the attorneys at Cameron, Gonzalez & Marroney for a free
consultation. |
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Cameron, Gonzalez & Marroney has its
principal office at 901 N. Olive Avenue, West
Palm Beach, Florida, 33401. We represent our
clients before Federal and State Courts in
Miami, Fort Lauderdale, West Palm Beach,
Martin, and St. Lucie counties, Vero Beach, and
all family courts throughout the state of
Florida. |
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Cameron, Gonzalez & Marroney practices in the following areas of law: General Civil Trial Practice, Corporate, Business Law, Contracts, Real Estate, Personal Injury, Wrongful Death, Criminal Law, Commercial Litigation, Construction Law, Medical Malpractice, Family Law, Divorce and Child Custody. |
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