Palm Beach Criminal Attorneys - Defense Lawyers
Palm Beach County Criminal Cases are handled a bit differently than they are in sister counties, Broward and Dade. The more manageable caseload, coupled with the firm docket control of Palm Beach Judges, require a criminal defense attorney to prepare a case a bit quicker than in neighboring areas. With that being said, Palm Beach County can also be described as showing appropriate leniency for non-violent first time offenders who diligently peruse the various programs available. The prosecutors are respectful and skilled, while at the same time fair and just. As in all cases, some prosecutors are more talented than others. An experienced Palm Beach criminal attorney will be able to tell you “by name” whether a prosecutor will present a particular challenge and more specifically, identify what stage of the litigation that “challenge” can best be expected to present itself.
The law firm of William Moore, P.A. has been diligently defending the rights of the accused in Palm Beach County for over a decade. During that time, we have seen a number of Judges, elected officials and State Attorneys, come and go. One thing that has remained consistent throughout all of these years, however, is the fact that Palm Bach County is one of the better jurisdictions in South Florida to resolve a criminal case.
If you or a loved one has been arrested and are facing criminal prosecution in Palm Beach County, you may wish to consult with us before taking another step. Our law firm has the experience needed in Palm Beach County to protect your rights to the fullest extent and successfully resolve your criminal case. Our office is conveniently located just a short walk from the courthouse on Clematis Street and we would be happy to meet with you at your convenience. Should you wish to speak with either Andrew Alitowski or William Moore, simply call the Palm Beach phone number listed above and schedule an appointment today. Remember, there is no fee for an initial consultation. Call us today so that we may show you the many ways that we can help to get through this most difficult experience.
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Attorney Review of Search Warrant Cases - Andrew Alitowski, Esq.
If your arrest in Palm Beach County involved the use of a search warrant, it is highly recommended that you consult with an attorney experienced in handling this very technical aspect of criminal defense work. The validity of a search warrant may be put into question where Palm Beach criminal judge or magistrate that issued the order, did so without meeting specific requirements as they relate to probable cause. An improperly issued search warrant will have likely resulted in a violation of your constitutional rights and a properly filed motion to suppress may lead to a dismissal of your Palm Beach County criminal case. Like all professionals, criminal defense attorneys range in their skill and ability. Criminal law encompasses so many diverse areas, that it is unrealistic to assume that every criminal lawyer is good at every type of criminal case. The use of a search warrant by Palm Beach law enforcement should be absolutely scrutinized early on in the criminal litigation process.
At the most basic level, a criminal lawyer should first attempt to determine if any issues exist relating to the warrant and or probable cause by examining the factual information contained therein. In doing this, a good first step is to ask three fundamental questions:
1. Can it be determined what the Palm Beach Sherriff’s officers knew about the nature and location of the items that were ultimately seized.
2. How were the Palm Beach Sherriff’s officers sure of this? In other words, what was the degree of probability as to the nature and location of the items seized.
3. What was level of reliability of the factual information used to obtain the search warrant?
If after a thorough examination by a qualified criminal defense attorney it is determined that that the affidavit had set forth facts establishing a reasonable belief that seizable items are located in the place to be searched, that attorney should then further determine that the facts giving rise to this belief are reliable facts.
Basically, the facts set forth in the affidavit for a search warrant must have one of two sources: (1) the Palm Beach officer filing the affidavit personally observed the facts or (2) someone (an informant working for the Palm Beach Sherriff’s Office) must have notified the officer of the facts. An informant is anyone who does not personally appear before the court to swear to the facts in the affidavit for a search warrant.
Where the Palm Beach police officer filing the affidavit personally observed the facts, involves no informant the criminal attorney reviewing the file only needs to determine the reliability of the police officer. In a situation where the Palm Beach officer goes beyond personal observations and relays information from an informant, additional facts must be present that establish that the informant is a truthful person. The Palm Beach courts have recognized a number of factual circumstances sufficient to establish the reliability of an informant:
1. The informant is a victim, eyewitness, or responsible citizen of Palm Beach County.
2. The informant is a Palm Beach County law enforcement official.
3. The informant previously furnished reliable information to the Palm Beach Sherriff’s Office.
4. The informant made a declaration against the informant's own penal interest.
5. The informant's statements have been corroborated.
Remember, search warrant cases can be very tricky. The above referenced information can be regarded as the most basic level of search warrant review. If you wish to know more about a criminal attorney’s responsibility when reviewing a search warrant, please contact Attorney Andrew Alitowski at our West Palm Beach office.
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Palm Beach Criminal Defense Articles & News
For recent articles from our Palm Beach Forum
View the latest Palm Beach Criminal Defense Articles
Palm Beach County Criminal Attorneys - Defense Lawyers Offering Free Criminal Case Consultation & Evaluation
The law firm of William Moore, P.A. has been diligently defending the rights of the accused in Palm Beach County for over a decade. During that time, we have seen a number of Judges, elected officials and State Attorneys, come and go. One thing that has remained consistent throughout all of these years, however, is the fact that Palm Bach County is one of the better jurisdictions in South Florida to resolve a criminal case.
If you or a loved one has been arrested and are facing criminal prosecution in Palm Beach County, you may wish to consult with us before taking another step. Our law firm has the experience needed in Palm Beach County to protect your rights to the fullest extent and successfully resolve your criminal case. Our office is conveniently located just a short walk from the courthouse on Clematis Street and we would be happy to meet with you at your convenience. Should you wish to speak with either Andrew Alitowski or William Moore, simply call the Palm Beach phone number listed above and schedule an appointment today. Remember, there is no fee for an initial consultation. Call us today so that we may show you the many ways that we can help to get through this most difficult experience.
--------------------------------------------------------------------------------------------
Attorney Review of Search Warrant Cases - Andrew Alitowski, Esq.
If your arrest in Palm Beach County involved the use of a search warrant, it is highly recommended that you consult with an attorney experienced in handling this very technical aspect of criminal defense work. The validity of a search warrant may be put into question where Palm Beach criminal judge or magistrate that issued the order, did so without meeting specific requirements as they relate to probable cause. An improperly issued search warrant will have likely resulted in a violation of your constitutional rights and a properly filed motion to suppress may lead to a dismissal of your Palm Beach County criminal case. Like all professionals, criminal defense attorneys range in their skill and ability. Criminal law encompasses so many diverse areas, that it is unrealistic to assume that every criminal lawyer is good at every type of criminal case. The use of a search warrant by Palm Beach law enforcement should be absolutely scrutinized early on in the criminal litigation process.
At the most basic level, a criminal lawyer should first attempt to determine if any issues exist relating to the warrant and or probable cause by examining the factual information contained therein. In doing this, a good first step is to ask three fundamental questions:
1. Can it be determined what the Palm Beach Sherriff’s officers knew about the nature and location of the items that were ultimately seized.
2. How were the Palm Beach Sherriff’s officers sure of this? In other words, what was the degree of probability as to the nature and location of the items seized.
3. What was level of reliability of the factual information used to obtain the search warrant?
If after a thorough examination by a qualified criminal defense attorney it is determined that that the affidavit had set forth facts establishing a reasonable belief that seizable items are located in the place to be searched, that attorney should then further determine that the facts giving rise to this belief are reliable facts.
Basically, the facts set forth in the affidavit for a search warrant must have one of two sources: (1) the Palm Beach officer filing the affidavit personally observed the facts or (2) someone (an informant working for the Palm Beach Sherriff’s Office) must have notified the officer of the facts. An informant is anyone who does not personally appear before the court to swear to the facts in the affidavit for a search warrant.
Where the Palm Beach police officer filing the affidavit personally observed the facts, involves no informant the criminal attorney reviewing the file only needs to determine the reliability of the police officer. In a situation where the Palm Beach officer goes beyond personal observations and relays information from an informant, additional facts must be present that establish that the informant is a truthful person. The Palm Beach courts have recognized a number of factual circumstances sufficient to establish the reliability of an informant:
1. The informant is a victim, eyewitness, or responsible citizen of Palm Beach County.
2. The informant is a Palm Beach County law enforcement official.
3. The informant previously furnished reliable information to the Palm Beach Sherriff’s Office.
4. The informant made a declaration against the informant's own penal interest.
5. The informant's statements have been corroborated.
Remember, search warrant cases can be very tricky. The above referenced information can be regarded as the most basic level of search warrant review. If you wish to know more about a criminal attorney’s responsibility when reviewing a search warrant, please contact Attorney Andrew Alitowski at our West Palm Beach office.
-------------------------------------------------------------------------------------------
Palm Beach Criminal Defense Articles & News
For recent articles from our Palm Beach Forum
View the latest Palm Beach Criminal Defense Articles
- Palm Beach Criminal Lawyer Practice Guide - Inventory Search of Automobiles
- Evidence Update: Identification Section
- Palm Beach DNA Attorney Excerpt
- Palm Beach County Criminal Lawyer Explains the Basics About Arraignment, Pre-Trial Motions & Trial
- Criminal Defense Lawyers in Palm Beach County Search & Seizure Checklist
- Palm Beach DUI Attorneys – Alcohol Absorption
- Self-Representation in Criminal Cases
