Practice Areas

If your trial was a jury trial, the person that the appeals court evaluates is the judge, not the jury. The appeals court cannot determine the credibility of a witness or make a decision as to whether or not someone was lying in their testimony. Instead, the appellate court determines whether the judge made all of their decisions based on the law.
READ MORE>

An arrest warrant for probable cause is issued when a police officer files a sworn affidavit that he or she has probable cause that criminal activity has taken place. This sworn affidavit is then taken to a Judge to review. If the Judge agrees that the sworn affidavit, on its face, is enough for a warrant, then the judge signs the warrant and returns to the police officer for execution.
READ MORE>

If you have been charged with Assault & Battery we recommend you hire an experienced criminal defense attorney who specializes in keeping their clients out of jail and protecting their rights. Just because you have been charged does not mean you have been convicted. Contact us today for a free consultation with an experienced criminal attorney.
READ MORE>

Simply put, bonds exist to make sure the people arrested come back to court to resolve the case and don’t just leave the state. The more serious the time you are looking at, the more likely it is that you will run. So if you are only arrested for a misdemeanor, low chance of you running. If you are arrested on a felony where you are likely going to do some serious prison time, higher chances of you running. In those cases, the judge will make you put up more of your money (or your family’s money) to make sure you don’t just take off. And if you do take off, they keep the money or the house or whatever you put up for collateral. Below is a more detailed explanation of how bonds work:
READ MORE>

Burglary Charges: A burglary occurs when an individual enters a home, business or other privately owned structure with the intent to commit an offense therein. In the State of Florida, it is a very serious felony. Depending upon the circumstances of the burglary, if convicted, you may be sentenced to a prison term ranging from a few years up to a life sentence.
READ MORE>

A dependency case is a lawsuit initiated by the state of Florida to investigate alleged child abuse, child neglect or child abandonment by a parent or guardian. Typically, a dependency case is initiated by someone reporting abuse, abandonment or neglect to the Department of Children and Families (DCF), an abuse hotline or a law enforcement agency or court.
READ MORE>

Domestic violence law and the term “domestic violence” usually refer to crimes involving domestic abuse such as child abuse and child neglect, spousal abuse or domestic-partner abuse, and elder abuse. Domestic abuse isn’t just physical. It also covers threats, emotional abuse, harassment, and stalking. McLean & Mitchell domestic violence attornies specialize in protecting the rights of those charged with domestic violence charges in Tampa, Wesley Chapel, Plant City, New Port Richey and St. Petersburg, Florida.
READ MORE>

It is a crime in every state for a motorist to operate a vehicle while impaired by the effects of alcohol or other drugs, including prescription medications. Depending on the state, the offense is called driving under the influence (DUI), driving while intoxicated (DWI), or a similar term. Even if evidence of blood-alcohol concentration (BAC) shows impairment, a good DUI lawyer may seek to have the case dismissed or the charges reduced. Also, attorneys often negotiate for lesser sentences and treatment diversion programs.
READ MORE>

If you are charged with possession of drugs, either for personal use or with intent to sell, McLean-Mitchell defense attorneys can determine which defenses might apply to your case should you plead not guilty. Different states approach the problem of illicit drugs in different ways, while the federal government tends to have the toughest drug sentencing guidelines.
READ MORE>

Getting records expunged allows certain individuals the opportunity to clean up their criminal record, although, eligibility guidelines must be met before a Florida expungement is granted. Many people mistakenly believe they automatically qualify for an expungement or to have their records sealed, but, in fact, it is a process which requires experienced legal assistance. To assist you with your decision, McLean & Mitchell presents this in-depth informational article on expungement in Florida.
READ MORE>

A federal crime is a violation of a statute passed by the United States Congress. A state crime is a violation of a statute or ordinance passed by the state legislature or local authority. Usually, federal crime addresses criminal activity or more national concern. Although in recent decades the federal government has become increasingly involved in prosecuting drug and violent crimes, areas once left almost exclusively to the states. Many crimes are prosecutable in both state and federal courts.
READ MORE>

Criminal offenses are classified as either misdemeanors or felonies. Felony charges are more serious than misdemeanors, which involve incarceration, fines and additional criminal penalties. The criminal justice system divides criminal offenses into two categories: misdemeanors and felonies. Both types of offenses are criminal and will result in penalties; however, felonies are more severe than their misdemeanor counterparts.
READ MORE>

The general rule as set forth in Fla. R. Crim. P. 3.130(a) provides that “[e]xcept when previously released in a lawful manner, every arrested person shall be taken before a judicial officer within 24 hours of arrest At the defendant’s first appearance the magistrate shall immediately inform the defendant of the charge and provide the defendant with a copy of the complaint.”
READ MORE>

Citizens of the United States pride themselves and this country on the constitutional right to bear arms. However, Florida has imposed certain laws and regulations regarding weapons and guns to ensure citizens of the Sunshine State own and use weapons without harming others in the community.
READ MORE>

Youth are supposed to make mistakes; that is part of the growing up process. Occasionally, those mistakes, or simply being in the wrong place at the wrong time, violate state or local laws and can even result in the injury or death of other individuals, whether or not it was intended. If a child has been arrested for a crime in Florida, they face potentially serious consequences. Should the child be convicted of a juvenile offense in Florida, it may mar their reputation and create problems in their adult life. The juvenile justice system is different from the regular criminal justice system, but that does not necessarily mean that it is always more lenient. The protection of a child’s future is a parent’s top priority, and, at McLean Mitchell Defense, it is also our priority.
READ MORE>

If you are arrested for a misdemeanor in Florida, you may wonder if it is worth the effort to hire an attorney to defend you. You may believe that a misdemeanor arrest or conviction may not be a big deal or that it may not have a significant negative effect on your life. It is true that misdemeanors are generally less serious offenses than felonies. Misdemeanors generally carry lighter sentences and criminal consequences than felonies. However, misdemeanors can have serious non-criminal consequences.

If you are arrested and/or charged with a crime, you should speak with an experienced criminal defense attorney like McLean-Mitchell Defense as soon as possible. This is true even if you believe that the penalties associated with a misdemeanor conviction are minor.
READ MORE>

The indictment is the document that contains the charges against the individual[s] in question. Once the indictment has been returned, it is usually filed in the Clerk’s Office of the District Court, and a warrant is typically issued for the arrest of the individual[s] named in the indictment. Lawyers specializing in white-collar criminal defense will typically refer to the period where prosecutors are investigating and gathering evidence to present to the Grand Jury as the “target / pre-indictment phase.”
READ MORE>

As of July 1, 2003, Florida law provides for four distinct types of orders of protection against violence, also commonly known, locally and nationally, like restraining orders, and in Florida, legally called injunctions. These orders protect a person from domestic, repeat, dating, and sexual violence. This article surveys the differences between these four types of injunctive relief and serves as a guide for practitioners to navigate their way through the four distinct causes of action. It is intended to be a primer on the law in this area rather than an in-depth analysis.
READ MORE>

Statistics indicate a sad truth in the United States—about 321,500 people are sexually assaulted on an annual basis, which comes out to an average of 880 people per day. Whether an assault involved rape or unwanted sexual touching, survivors can be left with feelings of shame and guilt—even though they were blameless. Serious sexual assaults can also cause physical injuries to victims, some of which may affect them for the rest of their lives.
READ MORE>

Traffic ticket fines, traffic school and court appearances can cost you significant amounts of time and money. Additionally, points against your Florida Driver’s License can cause your insurance company to raise your rates by hundreds of dollars, costing you even more. The Florida Department of Motor Vehicles, as our Flordia traffic lawyers know, can also suspend your Driver’s License if you have incurred a significant number of points.
READ MORE>

An individual can be charged with Drug trafficking if they have imported, sold, or delivered a controlled substance such as cocaine, opiates, methamphetamine, heroin, and marijuana, as well as any other drug listed under the controlled substance act. Police will assume that you had the intention to deliver or sell the drugs due to the volume of drugs found in your possession and will arrest you on trafficking charges, even if they were just for personal use.
READ MORE>

Probation violation is an offense that occurs when you break the terms or conditions of your probation. The consequences associated with probation violation usually depend on a variety of factors, such as the nature and seriousness of the violation, whether you have any prior violations, and whether there are other circumstances that may lessen (or worsen) the severity of the situation. A probation violation may result in significant penalties, such as heavy fines, extended probation, jail time, or more.
READ MORE>

White collar crime refers to those offenses that are designed to produce financial gain using some form of deception. This type of crime is usually committed by people in the business world who, as a result of their job position, are able to gain access to large amounts of other people’s money.Examples of white collar crimes are: tax evasion, insider trading, insurance fraud, bribery, embezzlement, and money laundering.
READ MORE>