FEDERAL & STATE CRIMINAL DEFENSE

The key to a Drug/Narcotics Defense is experience and the ability to maneuver around various unique pitfalls that may present themselves during the prosecutorial process.

Frank J. Gaviria has over 20 years of experience defending individuals charged with drug/narcotics offenses in Federal Courts as well as in State Courts in the State of Florida and elsewhere.

The penalties, if you are convicted for crimes of this nature, are among the most severe under the law. Both in Federal as well as State Courts quite often minimum mandatory sentences may be imposed. — You should not let your case be handled by an inexperienced lawyer.

As with all cases, it is imperative that the right tactics and strategies be put into action at the earliest time after arrest. This is so due to the complexities of drug cases and the possibility that they may touch on multiple laws and jurisdictions.

It is beyond question, that the numerous possible scenarios produced by drug-related charges must be defended vigorously.

Let Frank J. Gaviria help you regain your life through his skilled and creative criminal defense expertise.
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Fraud is broadly defined as an intentional deception made for personal gain or to damage another individual.

Under the law, an allegation of fraud can be found in a multitude of laws and statues in both the State and Federal judicial systems. Normally, fraud is associated with white collar crimes, but can extend well-beyond, including such offenses as identity theft and many varieties of fraudulent credit card use.

The many complexities of financial transactions that may give rise to an allegation of fraud often present an opportunity to utilize creative and strategic approaches to the benefit of the client. All aspects of each transaction needs to be carefully scrutinized and therefore experience is a must in this type of case.

• Medicare Fraud • Mortgage and Real Estate Fraud • Insurance Fraud • Embezzlement and Banking Theft • Tax Evasion and Failure to File I.R.S. Forms, etc. • Money Laundering

Some examples of fraud are:

• Medicare Fraud
• Mortgage and Real Estate Fraud
• Insurance Fraud

Generally, violent crimes are prosecuted by the State authorities and require a high degree of expertise in forensic techniques and procedures. It is always Frank’s goal to be more knowledgeable in these matters than is the prosecutor on the other side. Quite often crimes of this nature are won or lost on the science, such as DNA, ballistics, etc. However, strategy is essential to achieve the upper-hand in these matters.

It is essential that you be properly represented to ensure that you receive fair and equal treatment under the law.

Criminal Defense Attorney Frank J. Gaviria has over 20 years of experience providing defense strategies to defendants charged with Violent Crimes.
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Throughout the United States, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) cases are treated as very serious offenses, in-part due to the work of Mothers Against Drunk Driving (“MADD”).

It can be safely stated that generally all of these case begin with an “observation” by a law enforcement officer; the administration of road-side tests, and a Breath Test/Breathalyzer (unless the defendant refuses this test).

Whatever you do, do not take an arrest for DUI or DWI lightly. An arrest for these charges can impact you in wholly unexpected ways, such as limiting certain areas of employment as well as in many other ways.

Contact Criminal Defense Attorney Frank J. Gaviria for your DUI or DWI defense.
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Plea agreements are usually discussed only after all pertinent evidence provided by the Government in discovery is carefully reviewed and any applicable motions having been filed and fully litigated. At that point, the attorney and the client should discuss the merits of entering into a plea agreement or exercising the right to a jury trial.

Of course the ultimate decision as to whether to discuss a plea or exercise the right to a jury trial is the defendant’s decision. The decision must not be taken lightly and the decision making process must be one where client and attorney confer extensively with respect to the possible outcomes, strategies, and possibilities. Again, ultimately the decision rests with the client.

As with any case, a skilled attorney will develop a strategy based on their trial experience.

Contact Criminal Defense Attorney Frank J. Gaviria an experienced trial attorney.
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Motions are requests to the court for any type of relief that is sought. They are an integral part of a good defense strategy and are essential to mold the case into a posture that is in the best interest of the defendant. Criminal Defense Attorney Frank J Gaviria, knows how to use motions to accomplish this goal.

Further, in the event a jury returns an unfavorable verdict, post-verdict motions can help minimize the effect and consequences of such an unfavorable verdict.

The law seeks to provide equal, fair, and just treatment for all.

Criminal Defense Attorney Frank J Gaviria has over 20 years of experience in utilizing skillful motion practice for his clients.
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Under the law, a client has the right to plead guilty to a criminal charge, rather than go to trial.

On some occasions, a defendant may not fully understand the consequences of their decision to plead guilty, and may not have been fully informed of those consequences by their attorney, and plead guilty “just to get it over with.”

A client’s guilty plea must be entered freely, knowingly, and voluntarily. It is up to the judge to assure that these three factors are present when a defendant desires to plead guilty. However, for whatever reason one or more of these factors may not have been adequately established as required.

Criminal Defense Attorney Frank J. Gaviria has the necessary experience and knowhow with which to explore the possibility of requesting the court to permit a defendant to withdraw his plea of guilty, if that is best for the client.

Also, the laws pertaining to vacating guilty pleas based on ineffective assistance of counsel are constantly changing. Therefore, it is important to seek the advice of an attorney who keeps up-to-date with the law as does Frank J. Gaviria.

Criminal Defense Attorney Frank J. Gaviria has over 20 years of experience in analyzing these issues for his clients.

Petitions to Vacate, Set Aside, and Correct Sentences

These types of petitions are based on a wide variety of legal reasons that only a highly experienced attorney can uncover.

There are time-limits in which most of these petitions must be filed, so if you have already been sentenced, you may wish to contact Criminal Defense Attorney Frank J. Gaviria to look into your case to determine if any of these petitions apply to your situation to give you relief.
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Most State crimes do not require a Grand Jury to formally charge someone, however Federal prosecutions usually require that a Grand Jury return an Indictment to charge an individual.

Sometimes a person will be served with a subpoena to appear before a Grand Jury. When this happens there are important potential issues that may arise, such as is the person a “target” of the investigation, or are they being offered immunity as well as other possible issues.

The engagement of a skilled and experience attorney will be of great assistance in helping you navigate the Grand Jury process.

Grand Jury investigations target individuals whom a State or Federal prosecutor has evidence linking the person to a crime. Before appearing in front of a Grand Jury, it is important to have highly competent counsel to help protect your rights under the law.

Criminal Defense Attorney Frank J. Gaviria has over 20 years of experience and can assist you at all steps of the Grand Jury process.
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Probation is a type of supervised release of an individual under very specific rules and conditions. These rules and conditions are set forth in State law as well as Federal law, and serve as a guide as to what someone on probation can and cannot do.

If the terms of probation are violated, a Probation Officer can file an Affidavit for Violation of Probation that may seek to have the person violated and sent into custody.

This situation calls for the help of a skilled defense attorney, since nobody wants to go to jail after having been on probation.

Criminal Defense Attorney Frank J. Gaviria has over 20 years of experience defending individuals in Violation of Probation proceedings.
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It is extremely important that criminal defense attorneys be aware of any and all mitigating circumstances that can affect a sentence to be imposed by the court.

Achieving the most favorable sentence possible for a client is one of a criminal defense attorney’s most important functions. Pleading guilty or being found guilty does not, in most circumstances, automatically mean jail-time.

There are mitigating factors that warrant a variance as well as grounds for a downward departure that can be argued on behalf of a client.

Both State and Federal courts use guidelines to try to do justice in a manner, so that individuals who have been convicted of similar crimes, who have similar criminal histories, are treated as close to the same as possible.

The role of variances and departures is to take into consideration the differences that may apply to a particular individual, so the court can appropriately adjust the sentence to be imposed to reflect those differences.

It is up to the criminal defense attorney to provide the court with all of the reasons to award a downward variance and/or departure, so the client will receive the least severe sentence as is possible.

Criminal Defense Attorney Frank J. Gaviria has over 20 years of experience representing clients at sentencing proceedings.
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An appeal is a procedure whereby a defendant requests a higher court to review what had occurred in the trial court, or the lower court.

Sometimes legal errors may have occurred in the lower court that have affected a defendant’s substantial rights that may entitle him or her to a reversal of their conviction, a new trial, or perhaps a new sentencing hearing.

There are many technical steps in the appellate process that only a skilled and experienced attorney should engage in. This process can be long and tedious, so the attorney as well as the client must have patience.

Criminal Defense Attorney Frank J. Gaviria has over 20 years of experience and the patience required in representing clients in the appellate process.
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When someone is arrested, of course the first thing they want is to get out of jail. They should immediately contact a skilled and experienced criminal defense attorney.

For most offenses, the court will set what is referred to as bail, bond, or conditions of release. These vary based on the severity of the charges brought against the individual. In some situations, the prosecution may request pretrial detention, and if the court agrees, the court may order that the person may remain in custody during the criminal proceedings.

Of course the goal is to have the court set a bond that is not financially out-of-reach of the defendant, or even better one that requires no money at all.

The value of bond hearings are sometimes inappropriately underrated by defense attorneys. This is a big mistake, since valuable information about the prosecution’s case may be revealed at those hearings that will be highly useful as the case proceeds.

Criminal Defense Attorney Frank J. Gaviria, with 20 years of criminal defense experience, has represented numerous clients at bond hearings over the years.
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