When a young man in Florida was charged with misdemeanor possession of marijuana, possession of a controlled substance without a prescription (a felony), carrying a concealed firearm, and smuggling contraband into a detention facility, he knew he faced severe penalties. With the possibility of multiple years behind bars, large fines, and more on the horizon, he knew he needed a criminal defense attorney’s help.
The man retained the help of attorney Erika Valcarcel – who would be defending the client in a second, separate case (for charges of petty theft/resisting a retail merchant. Attorney Valcarcel, who soon after taking on the cases learned the client was a cancer patient, immediately got to work. Soon after beginning her investigation into the initial traffic stop that brought the drug charges on her client, she discovered that the controlled substance on the client’s person was a lawfully prescribed one. While this does not explain the firearm and other items found by law enforcement, attorney Valcarcel used this information in negotiations with the court.
Wanting to save her client’s life by keeping him out of prison and therefore allowing him to continue chemotherapy treatments, attorney Valcarcel contacted the drug court, hoping her client’s cases could be heard there. While certain offenses are not typically heard in drug court, the court allowed both of attorney Valcarcel’s client’s cases to be heard under their purview. After explaining the client’s situation and need for treatment outside of prison, the judge allowed the man to enter into a six-month Pre-Trial Intervention (PTI) program. During this period of time, the client will submit to random urinalysis tests and be able to continue taking his medications and completing his chemotherapy. At the end of the six months, all of the charges will be dropped.
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"Erika Valcarcel, Criminal Defense Lawyer, P.A. is the best you will find. Erika Valcarcel is completely honest and straightforward. She took a huge burden off my shoulders many times during difficult periods of my life knowing that she was doing everything that that could and should be done. Her knowledge is extensive and her advice has always been right on the mark. She is worth every penny of the fee she charges. You cannot go wrong securing her services."
Joni A. | Sarasota County
Domestic Violence Charges Dismissed in 10 Days
When a client was arrested for battery after an altercation with his girlfriend, he immediately contacted attorney Erika Valcarcel. The client was adamant that the entire situation was a misunderstanding, but nevertheless he was looking at a domestic violence conviction and potentially up to a year in jail. We acted fast on his behalf and discussed the situation with the State attorney’s office. We informed the prosecutor that our client's girlfriend did not want to proceed and highlighted the weaknesses in their case. Once they were aware of these developments, we successfully arranged to have the charges dismissed. This was all before our client's first court date and impressively all done within 10 days of the initial arrest.
