Sarasota law office

The Basics of a Restraining Order

restraining_order_It’s never an easy decision when you need a restraining order, but once that decision is made there are a few basic pieces of information you should keep in mind.

1. Multiple Types of Restraining Orders

In the state of Florida there are four types of restraining orders:

  • Domestic Violence
  • Dating Violence
  • Sexual Violence
  • Repeat Violence

The type of restraining order depends on the petitioner and respondent.

2. Move Quickly

Traditionally the petitioner was involved in a violent situation and needs to act quickly. The longer you wait, the more risk is involved.

3. File the Petition for Protection in Circuit Court
The next step once you have selected the type of restraining order is to prepare and file the petition in court. Be prepared to include personal information including the allegation paragraph. You must describe in detail the allegations against the respondent, the relationship an approximate date of incidents.

If you or your loved one are being harassed, abused, threatened, stalked, you might be able to get a restraining order. The attorneys at the Law Office of Eric Reisinger can help. Contact us for a free consultation today. Sarasota 941-554-4992 or Ft. Myers 239-349-2992.

Enhanced Penalties For Committing A Crime With A Firearm

Committing a crime in the state of Florida can lead to some tough consequences. The penalty for burglary or robbery carries a minimum mandatory 10 years in prison. Even third degree felonies that normally would only carry a maximum penalty of 5 years in prison, now is enhanced to a second degree felony which carries a maximum penalty of 15 years in prison.

So why are consequences more severe if a gun is involved?

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The answer is simple. Crimes that may not have called for serious penalties now call for them if a firearm is involved. The state of Florida follows the 775.087 statute andhas a mandatory minimum sentencing law commonly referred to 10-20-Life. For awhile there was even a public service announcement campaign accompanying the law using the slogan, “Use a gun, and you’re done.”

10-20-Life comes from three mandatory sentences:

  1. Producing a firearm during the commission of certain felonies mandates at least a 10-year prison sentence.
  2. Firing a firearm mandates at least a 20-year prison sentence
  3. Shooting someone mandates a minimum sentence of 25 years to life regardless of whether a victim is killed or simply injured

The Law Firm of Eric Reisinger has significant experience in the detailed nuances of this law. Eric Reisinger was a former prosecutor allowing him to use his experience to his clients’ advantage. We quickly evaluate the state’s case and determine the appropriate course of action.

10 Things to Ask Your Attorney Before Hiring Them on a Drug Offense, Possession, or Trafficking Charge

1. How long has the attorney been doing criminal law?
• Your life and/or freedom for you or your loved one is hanging in the attorney you hire hands’. It is very important that you hire an experienced criminal attorney.

2. Was the attorney a former prosecutor?
• You need to know how the State thinks and the ins and outs of the State Attorney’s office. A former prosecutor has this knowledge and can use it to help you or your loved one fight the case.

3. Has the attorney handled a case like yours?
• Just because an attorney practices criminal law does not mean they have actual experience with the particular crime you or your loved one is charged with. Here are some questions to see if they are familiar with the crime:
-What is the maximum penalty?
-What is the minimum penalty?
-Is there a statutory required fine?
-Some trafficking fines can have fines up to $50,000
-Is there a Driver’s license suspension with a conviction?
-Does the attorney know the lead detective?
-How is the relationship with the prosecutor?

4. How many trials has the attorney done?
• When was the last trial?
• Has the attorney ever taken a similar or same type of crime to trial?

5. Has the attorney ever helped a client get into rehab?

6. Is the attorney familiar with drug court?
• Is your charge eligible to get into drug court?
• What are the benefits to drug court compared to regular criminal court?

7. Has the attorney read the police report or arrest warrant for your drug or trafficking drug charge?
• The attorney should be able to read the police report or arrest warrant and be able to give you an overview of your case.
-Is there a confidential informant?
-Is there an undercover detective?
-Was there an ongoing undercover operation?
-Do the facts of the report fit with the crime that you or your loved one was arrested for?

8. Will the attorney give you a free consultation?
• This is more than just about money, it shows you that the Attorney respects that this is the most important decision that you have to make and it is important to get know the attorney before you potentially pay them thousands of dollars.
• Will the Attorney go see your loved one in Jail?
-This is an important decision and the Attorney should be willing to go visit you or your loved one in jail before you decide to hire them or not.

9. Does the attorney offer payment plans?
• Is the attorney willing to work with you?
• Expensive is not always better.

10. Will your attorney meet you after hours or on the weekend?
• You are potentially paying someone thousands of dollars and should be able to contact during non-banking hours.
• Your attorney should be available to you after reasonable notice. Your are paying for our time and you should get your money’s worth.

Why Can’t I go Home After I Have Been Arrested for Domestic Battery?

domestic_violenceIf you or a loved one has been arrested for a domestic battery or even a simple battery against someone who lives in your home with you, you are not allowed to return to the home. After being arrested for battery, you are taken to jail without a bond and have to wait to the see the judge the next morning. The Judge is required by law to give you a monetary bond (which means no supervised pre-trial released) and one of the conditions of your bonds will be that you are not allowed to return to your home where the victim lives. This condition will apply even if you own the home and the victim does not. You will not be allowed back unless the judge signs an order allowing you back to the home.

This is very confusing and in some cases very unfair, which causes an extreme hardship on you and the entire family. This why it is extremely important that you or your loved one, that is caught up in this predicament, hire an experienced criminal attorney that knows how to handle domestic battery and battery cases. If you violate the Judge’s order, the Judge will revoke your bond and you will be rearrested and stay in jail without a bond until the case is completely done.

Your attorney will need to work quickly to either get a stipulation signed by the prosecutor or set a hearing in front of the Judge as soon as possible so that you may return to you home. This is important so you have an experienced attorney who works with the prosecutors and judges on a daily biases. The attorneys at the Law Office of Eric Reisinger are the experienced attorney’s you need to help you navigate the process and get you back home.

Can My Florida Criminal Record Be Expunged or Sealed?

docIf you have ever been arrested in Florida, even if the charges were ultimately dropped, it’s now a matter of public record. This can be a huge problem if you are applying for a new job, looking for a new apartment, filling out college admissions applications, or even trying to obtain or renew your trade license. Obviously, you need to solve this problem before one past mistake robs (sorry, robbery is not an eligible offense for sealing or expunction) you of your future opportunities. We can help.

The first step is to obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (“FDLE”). Generally speaking, for qualifying charges, as long as you were not adjudicated guilty in the past, and this is your first petition to seal or expunge a criminal record, you may be eligible. However, the Florida Legislature has listed approximately 22 charges that are disqualified from this process, even if adjudication was withheld.

We will prepare your Application for Eligibility and submit it to the FDLE, along with your fingerprints for processing. This process can take up to 90 days. After we obtain your Certificate of Eligibility from the FDLE, we will file a petition with the Court and fight for your record to be sealed or expunged.

Eric Reisinger Law Office

Facing criminal prosecution can be very over whelming. Knowing what your first step to take should be your priority. The law offices of Eric Reisinger can help you take that first step to protect your future.
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Eric Reisinger is an accomplished attorney with a Bachelor of Science in Criminology from the University of South Florida and also graduated from the St. Thomas University of Law in Miami. Eric accepted a position as an Assistant State Attorney in Sarasota and Manatee Counties after being admitted to the Florida bar in 2005.

Brian J. Lail is also an accomplished attorney, earning his Juris Doctor from St. Thomas University School of Law and accepte a position as an Assistant Public Defender in Broward County, Florida where he successfully defended hundreds of clients. He was also admitted to the Bar of the District of Columbia and the US District Court for the District of Columbia.

The law offices of Eric Reisinger can help with everything from domestic violence charges, traffic crimes, murder charges, drug crimes, and many others. Reisinger works hard to remain up to date with the evolving legal landscape of Florida so you can rest assure that the best defense will be brought for you.