Criminal Defense Process

Experience Matters

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If you are charged with a criminal offense in the Clearwater-Tampa area, Attorney Brooke Elvington may be able to provide assistance to you.  

Ms. Elvington is an AV-Rated attorney with  more than 18 years experience as a litigator and appellate counsel.  Ms. Elvington knows how to defend the case the trial-level, and how to prepare your case for an appeal, if necessary.  

Pre-Filing

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The arrest itself does not necessarily mean that the State will file formal charges.  Depending upon the specific facts, after conducting an early investigation of your case, an attorney may be able to present sufficient argument to the State Attorney to avoid formal charges or to consider diversionary programs to avoid formal prosecution.  

Bond

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Being in custody following an arrest can have serious impact including loss of employment, housing, etc.  An offender is entitled to first appearance in front of a judge within 24 hours of arrest, and bond will be addressed at the time.  However, in the event that the bond is either denied or the Court does not reduce the bond sufficiently, an attorney may request an additional bond hearing.  


An attorney's early involvement may enable the attorney to present sufficient mitigating evidence and/or legal defenses to the State Attorney and/or the Court to reduce your bond.  


In the event that an attorney is unsuccessful in reducing bond it may be necessary to discuss the possibility of pursuing appellate remedies to challenge the trial court's denial of bond or bond reduction.  


Contact Brooke today for your consultation with an experienced trial and appellate attorney. 

727-543-7188

Legal Defenses

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After the State files formal charges, the State must produce all relevant discovery to the defense.  An experienced attorney will review all material provided by the State and determine whether there are any available legal defenses, such as a motion to suppress, motion in limine (exclude testimony/evidence), or motion to dismiss. 


Ms. Elvington is not only a litigator, she is also an educator who has taught university-level courses in criminal law, constitutional law, domestic violence law and wrongful convictions.  She is an AV-rated appellate attorney who is actively involved in constant legal research.  Legal defenses can serve multiple purposes, including appellate preservation and excellent bases for positive negotiation with the State.

Investigation

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During the discovery stage of the process, an experienced criminal defense attorney will investigate all possible defenses.


Possible approaches may include the following:


  • Legal defenses
  • Witness depositions
  • Independent investigation of witnesses
  • Independent expert forensic analysis of the evidence
  • DNA analysis
  • Mental health mitigation
  • Substance abuse mitigation

Plea or Trial

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After conducting extensive case analysis, you may be confronted with a decision to enter into a plea agreement or proceed with trial.  An experienced trial attorney may be helpful in providing all of the necessary pros and cons that go along with the decision.


Contact Brooke today! 

727-543-7188

Sentencing

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Sentencing in Florida for felony offenses follows sentencing guidelines.  An experienced criminal defense attorney should ensure that the guidelines are correct, assert any legal challenges and present all relevant mitigation.


Offenders are entitled to seek reconsideration of sentence within 60 days of judgment or 60 days of the release of appellate mandate, if the offender appealed the conviction.

Appeal

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Brooke Elvington is an AV-rated criminal appellate attorney.  Read here for details on the appellate process.