Case Results

Our client was arrested for misdemeanor possession of marijuana in Manatee County, which violated his probation for a prior felony marijuana sale in Sarasota County. The case was complicated because two counties were involved. The client's bond was set at $0 for the felony probation of violation due to a new possession charge being added, and he had to stay in jail until both cases were resolved. Within two weeks, Attorney Valcarcel secured court dates in both counties, arranged for the client’s transfer from Manatee to Sarasota County, and successfully resolved both cases for time served, leading to his release. Note: these types of cases/situations can often take months to resolve

Not long ago, attorney Valcarcel represented a man who had been charged with first-time possession of marijuana. She aggressively negotiated on his behalf, and he was able to get into a pre-trial intervention (PTI) program and complete 15 hours of public service work. However, during that time, he was charged with possession of marijuana again and kicked out of the PTI program. Now, he faced two charges of possession of marijuana, which are both first-degree misdemeanors. He faced adjudication, a one-year license suspension, substantial classes, and random urine analyses. Attorney Valcarcel fought hard for her client and argued that the initial case should have been dismissed. Additionally, she presented that her client’s second charge, unfortunately, came about before he was given a chance to fully benefit from the drug treatment and evaluation portion of the PTI program. The court, ultimately, agreed, gave the young man a withhold, and admitted him into a new PTI program, consisting of public service and a drug evaluation.

Recently, a man in his early 20’s faced two separate charges of possession of a controlled substance after he was found with marijuana wax in two counties. In Florida, possession of marijuana wax qualifies as a felony regardless of the amount. This severely escalated his possible penalties, and knowing that he needed to address charges in Hillsboro and Manatee County, he went to Erika Valcarcel for help. Firstly, attorney Valcarcel negotiated with Manatee County to reduce his penalties to a six-month program that includes random urine testing and counseling. Upon successful completion, his charges will be dismissed. However, the man still faced a possession of a controlled substance charge in Hillsboro county. Erika Valcarcel aggressively fought for her client and convinced the Hillsboro court to transfer the supervision of his case to Manatee. So, the young man only has to complete one set of drug court requirements in Manatee County. Upon completion, his plea will be set aside, and the felony marijuana charges will be dismissed.

Recently, a man in Bradenton man was caught while he was in possession of marijuana and drug paraphernalia. Knowing how difficult it would be to attend court hearings and serve probation counties away from where he lived, he knew he needed the legal help of a skilled Sarasota criminal defense attorney. This is what brought him to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Erika Valcarcel immediately began negotiations with the prosecutor. After presenting them with documents that outlined his veteran status and medical conditions stemming from his military service, attorney Valcarcel argued why these circumstances would make it difficult for him to travel back and forth from Bradenton for probation and other case-related issues. In this case, the state cared greatly about the client receiving a drug evaluation. As such, attorney Valcarcel got the state to approve an evaluation performed by her client’s current Veterans Administration doctor. Once he mails proof of that meeting into the appropriate parties, he does not have to return to Bradenton for any matters related to his case. From here, the client received a withhold of adjudication, meaning he will not be considered a convicted criminal (for this offense), and that he gets to maintain his driver’s license.

A young woman was charged with marijuana possession, which is normally a misdemeanor, but since she was found with more than 28 grams, it was considered a felony. This heightened the gravity of her situation as well as the potential penalties. To avoid a haunting mark on her record, she contacted Sarasota criminal defense lawyer Erika Valcarcel to secure the best possible outcome. By negotiating with the prosecutors, attorney Valcarcel secured her entry into a Pre-Trial Intervention (PTI) program available through Sarasota’s drug court. This allowed her to enter a no-contest plea, participate in six months of urinalysis, and upon completion the charge will be dismissed, making her eligible for an expungement to permanently remove the incident from her record.

When a young man in Sarasota was charged with first offense drug possession for cocaine, he contacted criminal defense attorney Erika Valcarcel. The client’s main concerns revolved around a fear of losing his driver’s license since he was employed as a locksmith and needed to drive as part of his job. As attorney Valcarcel explained, there are typically two options to deal with first-offense drug charges: drug court and a probationary sentence. While participation in drug court allows people the chance to obtain a dismissal, it also includes time-consuming and often inconvenient treatment, counseling, and follow-up appointments, which can be difficult to keep up with if you work a full-time schedule. A probationary sentence on the other hand typically involves a negotiated lighter sentence, but a conviction will still appear on your record. This is often a difficult situation for people to consider and each comes with the possibility of trouble down the road. In this man’s case, he elected probation and a withhold of adjudicated to preserve his license and his job. This included a two-year term of probation, community service, and a drug evaluation and testing requirement. While this would be a very favorable result for someone in his position, this case was jeopardized by an additional arrest and marijuana charge that occurred before he received his sentence. When the prosecutors learned of his subsequent arrest, they wanted to pursue a 30-day jail sentence. Attorney Valcarcel vehemently defended her client and articulated that her client should be afforded a chance to undergo the treatment and evaluation options provided by probation. As a result, the man saw no additional consequences for the new charge and could move on with his life.

In Sarasota, a group of young people was recently approached by the police for smoking marijuana. One of the individuals arrested was a 20-year-old woman and she suddenly found herself charged with possession of marijuana. This offense is a misdemeanor in Florida and carried the possibility of a year in jail and a fine of up to $1,000 in addition to a smear on her otherwise clear criminal record. As a college student, the woman knew that any such blemish could seriously impact her educational opportunities, so she contacted Sarasota criminal defense lawyer Erika Valcarcel to pursue the best possible outcome. Attorney Valcarcel utilized her considerable knowledge in this field to facilitate a resolution as quickly as possible. After negotiating with the prosecution, attorney Valcarcel secured her client’s placement into a Pre-Trial Intervention program. This allowed the woman to participate in a drug diversion class and some community service. Once the program is completed, this would result in the dismissal of her marijuana possession charge. This spared her from a restrictive drug conviction on her record and she could complete her college applications without worry.

When a young man in his 20's was recently charged with marijuana possession in Sarasota County, he was obviously worried and knew that the impact could be severe. Since this is considered a first-degree misdemeanor, if he was convicted he could face some time in jail and a $1,000 fine in addition to earning a mark on his criminal record and a one-year driver's license suspension. While the young man did not want to experience any of these harsh penalties, it was particularly important to him to preserve his ability to drive. This led him to Sarasota criminal defense lawyer Erika Valcarcel, who began working to protect her client's interests. During discussions with the prosecution, it was apparent that the state wanted to pursue a conviction and probation. Not satisfied with the result, which would still require the loss of her client's license, attorney Valcarcel persisted and fought for the best possible outcome, In the end, attorney Valcarcel negotiated for the young man to keep his license and simply pay a fine.

Recently, Sarasota criminal defense lawyer Erika Valcarcel assisted a woman in Hardee County when some very serious charges put her criminal record and her freedom in jeopardy. In order to separate herself from the residents of a shared home, the woman in question moved into a trailer on the rural property; however, it was not far enough. Eventually, police officers executed a warrant for the residence, which also included the trailer and some marijuana was discovered. While a marijuana possession charge is significant for anyone as a first-degree misdemeanor, punishable by up to a year in jail, the woman’s problems were compounded by the officers’ allegations that she attempted to conceal the marijuana by putting it down the sink during the search. This consequently resulted in an additional charge of tampering with evidence that could potentially send her to jail for a total of five years. This woman, who had no prior criminal history and some significant medical issues was desperate for help and eventually came to the experienced legal professionals at Erika Valcarcel, Criminal Defense Lawyer, P.A. for a consultation. After thoroughly reviewing the circumstances surrounding the incident and by getting to know her client personally, it was clear to attorney Valcarcel that this woman was using the marijuana to treat her medical issues. While Florida does not permit the legal use of medical marijuana like many other states, attorney Valcarcel believed that this contributing factor was important and should be brought to light. Therefore, she zealously negotiated with the prosecution and despite the additional felony tampering charge, the prosecution relented and agreed to enroll her client in a pre-trial intervention program. As such, this client’s wise decision to choose a compassionate and knowledgeable criminal defense attorney, like Erika Valcarcel, saved her from any time behind bars and after completing some required drug diversion classes and treatment, all the charges against her will be dismissed, and she will eventually be eligible for expungement.

If you find yourself accused of a crime, it is important to find a knowledgeable Sarasota marijuana charges attorney to protect your rights and advocate for the best possible result. This experience recently aided a young woman after she was pulled over for a routine traffic stop, but subsequently found herself charged with possession of a small amount of marijuana. A marijuana possession offense is a first-degree misdemeanor, punishable by a possible jail sentence or a 12-month term of probation. With a good job and no prior criminal history, the young woman wanted to avoid any time in jail or the complications associated with having a drug conviction on her record; therefore, she reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Erika Valcarcel used her ample understanding of Florida drug charges to effectively negotiate for her client and successfully had the young lady admitted into a drug diversion program, which includes a drug evaluation, and after completing some community service, the marijuana possession charge would be dismissed. On account of attorney Valcarcel’s representation, her client was able to move past this incident without the trappings of a drug conviction. Furthermore, the client was pleased to learn that after the diversion program, she’ll also become eligible for an expungement, essentially removing the incident from her record.

A 20-year-old college student from Bradenton, Florida of Manatee County was charged with 3rd-degree felony sale of marijuana. The young man was concerned about a drug conviction on his record from a professional standpoint. Looking for help with his uncertain future, the student sought out the legal guidance of Sarasota criminal defense attorney Erika Valcarcel. With a potential five-year prison sentence pending, attorney Valcarcel was adamant about getting the student into a drug court program. In the state of Florida, a drug sale charge does not ordinarily render admittance into such a program. However, Valcarcel aggressively advocated on behalf of her client’s young age and positive standing in the community. Upon the insistence of attorney Valcarcel, our client was admitted into drug court where he successfully completed all program requirements. He later saw an expungement of his sale of marijuana charge.

In Manatee County, Sarasota criminal defense attorney Erika Valcarcel recently aided a 20-year-old man when the foolish decision to accompany others led to felony armed home invasion charges and possible life in prison. Evidently, the three individuals broke into a home, which belonged to one of the participant’s acquaintances. During the incident, the homeowner was unfortunately injured and a gun was taken, which escalated the charge because under Florida Law if a person becomes armed during the commission of an intrusion, the crime and as a result the consequences are heightened. The man was quickly arrested and when he learned about his dire situation, he reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Valcarcel reviewed the evidence and through an extensive deposition process, it became evident that the alleged victim knew one of the suspects involved and significant problems with his credibility began to arise. Attorney Valcarcel utilized this information to aggressively negotiate for the best possible result. By showing that her client was primarily accompanying the others, she ultimately achieved a reduced plea agreement for a misdemeanor offense. This included a sentence for time served, no additional jail or probation, and left her client in a much better position to move on after such a regrettable situation.

Our client was pulled over and charged with driving on a suspended license, which was taken away for various violations, including failure to pay prior fines, court costs, a previous DUI, and back child support. This is a second-degree misdemeanor and potentially exposed him to 60 days in county jail. The prosecution initially wanted him to serve the entire 60-day maximum sentence. However, we worked with our client and advised him to pay off all of his fines, court costs, and get caught up on child support. We helped with this by continuing the case and giving him the time he needed. Once his financial obligations were met, we negotiated for a resolution that did not include jail time or any probation.

Recently, we assisted a young man who had fallen behind on paying some traffic tickets. This led to his license being suspended and a subsequent charge for Driving on Suspended License. As a 2nd degree misdemeanor, this is punished by 60 days in county jail. We advised the young man on how to pay off all of his past due fines and reinstate his license before his first court date. By being proactive, we facilitated his participation in a diversion program. Upon completion of the program and payment of a small fine, the entire incident will be dismissed from his record.

After getting into an accident with another vehicle, not stopping his own car, and leaving the scene, a young Sarasota County man found himself facing criminal charges. He was stopped shortly after, as the damage to his car was consistent with the other involved vehicle. As such, he was charged with a hit and run, an offense that carries with it potential penalties such as up to 60 days in jail, six months’ probation, and fines. Wanting to avoid these consequences, the man reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A. for help. Attorney Erika Valcarcel obtained copies of her client’s medical records, which revealed that the young man suffered from a concussion as a result of the accident, in addition to a couple of other medical issues that corroborated his claim that he didn’t intentionally not stop at the accident scene. Even though this was his first offense, the man faced the possibility of not obtaining a pre-trial intervention (PTI) program, as the state of Florida does not permit it for certain traffic offenses - including leaving the scene of an accident. Attorney Valcarcel fought hard for her client to receive PTI. After providing these records to the state attorney’s office that proved his medical condition, the client was awarded PTI. After completing an online driving class and some public service work, the case will be dismissed.

During a traffic stop, a Sarasota County man found himself being charged with a felony for a third offense of driving with a suspended license. In Florida, if you have three or more offenses for this crime, you’re automatically charged with a felony, which can be punished with incarceration. Wanting to avoid time behind bars, the man reached out to attorney Erika Valcarcel of Erika Valcarcel, Criminal Defense Lawyer, P.A.. Upon obtaining discovery documents, which included a copy of the client’s certified driving record, attorney Valcarcel found out that her client’s charge was only his second offense for driving with a suspended license, meaning he should only have been facing a misdemeanor. As such, attorney Valcarcel was able to get the charge reduced to a misdemeanor, keeping her client out of jail and on an 18-month probation sentence.

For some people, even a relatively minor offense can have very real and serious consequences that require the attention of a skilled criminal defense lawyer with the ability to find the most favorable result possible. Not long ago, a woman who was actively seeking permanent legal status in the United States was pulled over on her way to work and charged with not having a valid license. Since her current status prevented her from obtaining a driver’s license, the woman was not only facing the possibility of 60 days in jail or six months of probation, but also likely deportation if a conviction was added to her record. With considerable experience handling criminal traffic cases throughout Florida, Sarasota criminal defense lawyer Erika Valcarcel took the woman’s case and began working to protect her client’s freedom and her ability to stay in the country. This led to extensive negotiation with the prosecution, where she successfully achieved her admission into Pre-Trial Intervention. Since this option removes the need to enter a plea or have a conviction added to her record, once it is completed there would be nothing to trigger an immigration issue. After she completes the program and pays a small fine, the woman could move on with her life and pursue her official citizenship without interference.

If you accumulate several traffic offenses in Florida, you will probably be subjected to a suspension of your driving privileges. If you are then caught driving while that suspension is effective, you will likely face an extended loss of your license among other serious consequences. When this occurs, you’ll need an experienced and very capable Sarasota traffic lawyer to help protect your driving record and hopefully restore your ability to drive. For example, a 50-year-old gentleman was recently pulled over in Sarasota and ticketed for a driving under suspension charge. As an immigrant to this country, this situation placed him in a very precarious position because while his immigration issues prevented him from having a valid license, once this was cleared up, he did not want to carry a driving under suspension conviction on his record or possibly become labeled as a habitual traffic offender. Worried about such a ramification, the man reached out to Erika Valcarcel based on her skill in defending clients in traffic cases. Attorney Erika Valcarcel meticulously reviewed the man’s driving record and in short order discovered the officer actually issued an inappropriate violation. Essentially, the man had previously been issued some traffic tickets that promoted a suspension from the Department of Motor Vehicles (DMV), despite the fact that because of his immigration status he was not eligible for a license in the first place. Furthermore, attorney Valcarcel revealed that because of a DMV clerical error, he was actually ticketed twice for the same infraction and the suspension was issued by mistake. By presenting these findings on her client’s behalf, the court amended the infraction to a more appropriate offense of driving without a valid license, which only required the payment of a fine and removed the client’s worry about a habitual offender classification. In the end, and due to attorney Valcarcel’s adept representation, the man was pleased to pay this fine and be allowed to move forward with his immigration issues so he can gain a valid driver license.

If you receive a Florida traffic violation, it might be tempting to simply pay the fine and move on with your life, but sometimes the full impact of a traffic ticket is not always obvious and in doing this, you’ve essentially painted yourself into a corner by admitting guilt. Some time ago, a woman was stopped for driving over the posted limit and without consulting a knowledgeable Florida traffic attorney, she paid the ticket. However, she did not realize the ramifications of her decision and after some time, she was shocked to find a notice, alerting her that the points that were added to her license for speeding had caused her to exceed the maximum amount within a year, and her license would, therefore, be suspended. This young woman desperately needed to preserve her ability to drive in order to care for her young children as well as her ailing father, who was recently diagnosed with cancer and finally consulted the accomplished Florida traffic lawyer Erika Valcarcel. Attorney Valcarcel reviewed the woman’s available legal options and facilitated her appeal. Ultimately, attorney Valcarcel filed a motion to modify the disposition of the traffic infraction, arguing that her client did not fully realize the full scope of paying the ticket and admitting guilt. After the reviewing the motion, the presiding judge agreed with attorney Valcarcel’s assertion and ordered that the penalty be amended. This removed the recently assessed points and allowed the woman to reinstate her license. Due to attorney Erika Valcarcel’s adept representation and knowledge of Florida traffic procedure, her client could continue driving legally and without hindrance.

When a client faced 15 years in prison for second-degree felony Grand Theft charges, they recruited the help of Erika Valcarcel. The client allegedly broke into a vehicle and stole highly-valued tools. The State had to prove that the missing tools were in excess of $20,000 to prosecute the client with a second-degree felony. During discovery review, we found various issues with the valuation of the missing tools and concluded that they were not in excess of $20,000. Through intense negotiation, the client's charges were reduced to a third-degree felony. The client was also granted probation on the condition that they pay back an agreed amount for the missing tools. Due to attorney Valcarcel's diligence and attention to detail, she helped the client avoid a substantial prison sentence.

When a client faced one year in jail for first-degree charges of Petit Theft, they contacted Erika Valcarcel for help. The client allegedly took items without paying by failing to scan items at a self checkout at Walmart. The client insisted that this was an honest mistake and we supported this claim with the fact that they had no criminal record. After fierce negotiation with the State, they agreed to drop charges if the client completed a class and community service hours. By dropping a first-degree charge to essentially a slap on the wrist, our client was able to avoid jail time and a criminal record.

Attorney Valcarcel recently helped a client accused of taking money from her employer on several occasions. This led to very serious charges for engaging in a scheme to defraud. As a third-degree felony, she was looking at up to five years in prison and her employer was adamant that she receive jail time as part of her sentence. By negotiating with the prosecutor and arguing that it would be impossible for our client to repay her employer from jail, the state agreed to probation as long as she pays restitution, attends a theft diversionary class, and completes a mental health evaluation. This allowed her to avoid an almost assured jail sentence and put an unfortunate situation behind her.

Some time ago, a client came to Erika Valcarcel, Criminal Defense Lawyer, P.A. after it was alleged that on several occasions she switched bar codes on higher-priced items for lower priced items; therefore, paying less than what was owed to the retailer. This led to a 3rd-degree felony charge and possibly a five-year prison sentence for a scheme to defraud. We aggressively negotiated for the best possible outcome and secured her admittance into a pre-trial intervention program. By completing PTI and completing community service hours and a class, we were successful in getting a dismissal. While this was an impressive outcome on its own, we also handled the process of getting the entire incident expunged from her record since she did not want an arrest for a crime of dishonesty appearing on her record. We successfully applied for an expungement, and once granted her record became clear.

Not long ago, attorney Erika Valcarcel represented a client facing some very serious charges for uttering a forged check and petit theft for allegedly forging and cashing a check written by a relative. As a 3rd degree felony and 1st-degree misdemeanor, this client was facing years in jail and could not be bonded out of jail. With her client in custody, attorney Valcarcel secured proof that the money in question was, in fact, a gift on the same day she was hired. By presenting this to the prosecutor, all the charges were dropped and our client was released from jail the same day.

Our client was facing a year in jail for stealing from a local Walmart. Since she had since relocated to another state, attorney Valcarcel handled this latest theft offense largely on her behalf. Even though petit theft is a 1st-degree misdemeanor, because of our client’s prior convictions for the same offense, the state was asking for jail time. We uncovered that the woman had serious health problems and by showing the state documentation as to her condition, we negotiated for a probationary sentence including a theft offender class and community service hours. We entered a “plea in absentia” so that our client didn’t even have to travel back to Sarasota to resolve the case and worked out “mail-in” probation where she did everything in her home state and just mailed proof to a probation officer in Sarasota.

Our client was hired and paid $5,000 for some work at a residence, but the complaining witness alleged that no work was performed. To avoid conflict, our client reimbursed the money but was still charged with Grand Theft. As a 3rd degree felony, this is punishable by up to 5 years in prison. Attorney Valcarcel worked with the prosecutor, presented the facts, and by clearly showing that work had actually been performed and since all the money was reimbursed anyway, all the charges were dismissed.

Not long ago, a client of Erika Valcarcel, Criminal Defense Lawyer, P.A. was charged with Grand Theft, a third-degree felony with a maximum of five years in custody. They were accused of stealing close to $10,000 from their employer. Fortunately, attorney Valcarcel worked quickly and aggressively to resolve the case since her client showed remorse and wanted to pay back the employer as soon as possible. As a result, attorney Valcarcel reached a quick resolution where her client avoided jail by paying back the money and going on probation. He also avoided a felony conviction and received a withhold of adjudication due to his willingness to cooperate.

Not long ago, a client came to Erika Valcarcel after being arrested and charged with forgery. The client faced a third-degree felony and a maximum of five years in prison. The client worked for an A.C. company and met with clients to write estimates for new units. They met with an individual and gave her a quote. They signed the paperwork to purchase the unit and for financing. After the installation, the customer reported a crime after receiving their credit card statement. When she saw the credit application, she stated that she did not sign it. As a result, Florida criminal defense attorney Erika Valcarcel went to bat for her client, and through strenuous negotiations, the charges were dropped.

In Sarasota County, a woman was charged with petty theft after taking items from a local supermarket. This was her first offense, and she was understandably worried about jail and the charge staying on her record, causing future complications. These concerns led her to enlist the help of Erika Valcarcel, who aggressively fought for her client. Since she had no prior criminal history, attorney Valcarcel negotiated with the prosecutor to allow her client to do a pre-trial intervention program. This consisted of 15 hours of community service and a half-day theft diversion class. Upon completion, the petty theft charge will be dismissed. The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Recently, a Sarasota County man faced allegations regarding a New England home posted on a rental site. He allegedly rented out the home to a customer of the rental service and accepted their money, which totaled around $2,600. After the rental service customer realized the home was still up for rent, she contacted the authorities, who later traced the money to the man’s account. Realizing the trouble he was in for this offense - which was classified as grand theft - and a potential scam that included similar offenses, the man knew he needed a skilled criminal defense lawyer to help him with his case. This is what brought him to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Though the client was a first-time offender, the state was aiming to sentence attorney Erika Valcarcel’s client to six months in jail. Wanting to avoid this result for her client, attorney Valcarcel immediately got to work negotiating with the prosecutor, making the argument that jail time for her client would mean the rental service customer would not receive any of her money back. After paying the full amount he owed back to the woman, attorney Valcarcel’s client was placed on 18 months of probation with no jail time. In addition, the man received a withhold of adjudication. This means he can get his record sealed, and that he is not considered a convicted felon.

A young woman in her 20s recently found herself in some trouble when she was charged with petit theft in Charlotte and Sarasota counties. Knowing the implication of even one conviction (up to a year in jail), she reached out to criminal defense attorney Erika Valcarcel for help. Attorney Valcarcel spoke with the prosecutor in both counties, and was able to negotiate each charge to be treated as the client’s first offense. As a result, the woman would have to complete community service and probation in both counties. Additionally, she received a withhold of adjudication on each charge, meaning she was not formally convicted of a theft offense.

In many cases, if someone is charged with a second offense for the same crime, they can expect little sympathy. However, as Sarasota criminal defense attorney Erika Valcarcel can tell you, it can be indicative of larger issues that are better addressed through other means. Not long ago, a woman in her sixties was charged with petty theft for shoplifting and contacted attorney Valcarcel. When it became apparent that her client suffered from serious mental health issues and this was her second theft offense, attorney Valcarcel knew that an arrest warrant was soon to follow because she was already on probation. Attorney Valcarcel acted quickly to ensure that she was properly treated by mental health professionals. After conferring with her doctors, it was made clear that an arrest would have a serious and detrimental effect on her mental state. Since her client could not handle the strain of an arrest, attorney Valcarcel provided the court with all the necessary documentation and argued on her behalf. By facilitating true cooperation with her client’s doctors and the court, attorney Valcarcel successfully handled the warrant and negotiated to resolve her probation violation and new theft charge with the sole condition that she continues treatment. It is important to note that without capable legal representation a probation violation would almost assuredly result in arrest and aggressive prosecution. However, by working with a knowledgeable and compassionate lawyer, this client received the care she needed instead.

In Sarasota County, an 18-year-old high school basketball player was stopped with a few friends in a stolen car and subsequently charged with several serious crimes. Apparently, the group was trying to open car doors and this individual was now facing two counts of third-degree felony burglary of a conveyance, third-degree grand theft of a motor vehicle, and a misdemeanor for resisting arrest without violence. All told, the young man was exposed to a possible 11-year prison sentence, and to preserve his future college plans and his freedom, he came to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Sarasota defense attorney Erika Valcarcel represented the young student and immediately set to work. The prosecution initially offered a one-year jail sentence to cover all the charges, but believing there was a better result, she conducted several days of depositions. By interviewing the officers involved as well as the victims, it became clear that her client was the least responsible and never actually took anything from the cars. She highlighted this along with her client's previously clean criminal record, genuine remorse, and excellent support system to negotiate with the prosecution. Eventually, the state agreed to withhold adjudication based on a one-year house arrest sentence in place of jail, two years of probation, and 100 hours of community service. This allowed her client the chance to finish school while still playing basketball and by withholding adjudication, he can confidently claim that this incident did not end with a felony conviction. While attorney Valcarcel secured an excellent outcome in an otherwise grim situation, the others involved did not fare so well and were all sentenced to time in custody and have been labeled convicted felons.

Recently, a woman in Manatee, County became involved in a relatable, but very serious situation when a heated argument with her child’s grandmother resulted in criminal charges with the potential to send her to prison for a very long time. The two were supposedly arguing and the grandmother claimed that the woman tried to force her way into her home and she was injured in the scuffle. Therefore, the police arrested the woman for burglary that included battery, which is a first-degree felony with a maximum penalty of 30 years in prison. To effectively deal with this, the woman contacted Erika Valcarcel, Criminal Defense Lawyer, P.A. and veteran Sarasota criminal defense attorney Erika Valcarcel. With considerable experience handling felony cases throughout the area, attorney Valcarcel began negotiating with the prosecution, arguing for an appropriate resolution. In the end, she demonstrated that since there was no physical evidence or injuries, the case should not proceed. As a result, the charges were dismissed before they were officially filed and her quick decision to consult legal counsel spared her from any negative ramifications.

Sometimes a simple mistake can spiral out of control and innocent people can find themselves on the wrong side of a criminal charge. If this happens, you will need an experienced criminal defense lawyer to thoroughly investigate and work for a favorable result. Not long ago, a man in his 30’s was working at his family’s Sarasota convenience store when he exchanged a customer’s winning lotto ticket for $50 when it was actually worth a $200 prize. Believing this to be intentional, the woman alerted the police, who subsequently charged the man with petty theft. While this is a misdemeanor level crime and punishable by between 60 and 90 days in jail, the man’s trouble was compounded by the fact that he was working towards his U.S citizenship and a theft conviction would put his goal of staying in America at risk. With a desire to protect his freedom and preserve his legal status, he reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A. and skilled attorney Erika Valcarcel. Attorney Valcarcel began working with the prosecution and expedited a mutually agreeable outcome that allowed her client to avoid a theft conviction by participating in a Pre-Trial Intervention (PTI) program. However, on the day of the sentencing, the complaining witness protested that the arrangement was not sufficient. As a result, the prosecution withdrew the offer and decided to pursue a conviction. Undeterred by this sudden setback, attorney Valcarcel quickly moved forward and requested depositions for the officers involved as well as the complaining witness. Despite being notified twice, the witness did not appear again and during Valcarcel's interview with the responding police officer, it became clear there was not enough evidence to substantiate that her client had any intent to commit theft since it could have simply been an unfortunate mishandling of money in a busy environment. In the end, the entire case was dismissed and her client avoided a devastating theft conviction without needing to participate in the original PTI option.

Not long ago, a woman in Manatee County found herself in a very precarious legal position after she was stopped and subsequently charged with petty theft for shoplifting from a grocery store. While dealing with a misdemeanor theft charge would be significant trouble for anyone, this woman’s problems were compounded because she was also still serving a term of probation for a previous felony grand theft conviction. This new theft charge constituted a potential probation violation and if convicted, she could be sentenced to significant time behind bars. Based on the dire nature of her circumstances, she knew that she needed strong representation and contacted the criminal defense lawyers at Erika Valcarcel, Criminal Defense Lawyer, P.A.. Once retained by her client, Attorney Erika Valcarcel began discussing the case with the assigned prosecutor, who initially wanted the woman to serve time in jail because this new theft-related crime was similar to the offense she was serving probation for. During meetings with her client, attorney Valcarcel was made aware that she had recently been treated for cancer, had lost her husband the same year, and was the primary caregiver for two children with special needs. In addition to these hardships, at the time of her recent arrest, the woman was also taking medications, which may have diminished her capacity to think clearly. In an effort to reduce the impact of this probation violation, attorney Valcarcel instructed her client to complete the remaining terms of her grand theft probation, while the petty theft charges were still pending. This required her to perform some community service and theft diversion classes. Once her client completed theses terms and showed a good faith effort towards meeting her responsibilities, Valcarcel provided the prosecution with all of her client's other mitigating factors, arguing that she needed to treat her illness and remain home with her children. In the end, the prosecutor agreed to forgo a jail term in favor of her client serving one year of community control or house arrest. By being spared from any time in jail, the woman was relieved to remain with her family and continue treating her medical issues.

Recently, the internet has become flooded with questionable deals to make easy money and not long ago, attorney Erika Valcarcel aided a man that fell victim to an unscrupulous offer that left him in serious legal trouble. Apparently, the 42-year-old manufacturing worker made contact with an individual on backpage.com, who purported to be with a legitimate insurance company. The individual offered to send the man a rebate check that he would need to cash on behalf of the company, keeping a portion of the funds for himself. The man went to the bank, but instead of receiving the money, he was arrested and charged with a third-degree felony of uttering a forged instrument. This is a check fraud offense, carrying a maximum penalty of five years in prison. While the man should have had the foresight to know this was not a legitimate transaction, he certainly did not want to serve time in jail or have a conviction for a crime of dishonesty follow him on all his future employment and financial applications. Therefore, he called on Erika Valcarcel, Criminal Defense Lawyer, P.A. for help navigating the situation. Attorney Valcarcel began working on her client’s case and met with the prosecutor, who initially wanted to pursue the felony conviction and house arrest. During negotiations, Varcarcel argued that her client was duped into acting as a patsy in an internet scam and the other party was much more culpable. The prosecutor eventually agreed with her argument and acquiesced to permit her client’s enrollment in the Pretrial Intervention Program (PTI), which allows for a dismissal of the charges after completing some community service. In the end, the client was pleased to learn a life lesson, rather than paying for a lapse in judgment with time in jail or a looming check fraud conviction.

A 56-year-old man responded to a request for general contracting work on a home in Manatee County when he became ensnared in a joint sting operation between the Florida Department of Financial Services and the Manatee County Sheriff’s Department. The man’s sole employment was through his handyman services and because the operation targeted unlicensed contractors, he was charged with a third-degree felony of failure to obtain worker’s compensation insurance and a misdemeanor charge of being an unlicensed contractor. The man had no prior criminal history and since his only desire was to earn a living, he was obviously troubled by the possibility of serving time in jail for these offenses. Unsure of how to handle the situation, he reached out to attorney Erika Valcarcel for legal guidance. In an effort to help her client, attorney Valcarcel began negotiations with the county prosecutors. Varcarcel explained that the man had no intent to deceive anyone as an unlicensed contractor and he merely did not know about the requirement to have a license or carry this type of insurance. The prosecutors did, in fact, take this and his previously clean record into account and agreed to a Pretrial Intervention Program (PTI). Upon completion of the PTI diversion program and some community service, the charges against him will be dropped, allowing him to move on and correct the issues that would limit his chosen profession.

A woman in her 40s found herself charged with petty theft after shoplifting approximately $100 worth of items from a Manatee, County grocery store. The woman had a history of prior theft convictions and as a result of this latest charge, the prosecutor’s office wanted to pursue a 60-day jail sentence. The woman was understandably nervous about theses repercussions, so she contacted criminal defense attorney Erika Valcarcel for legal assistance. Attorney Erika Valcarcel immediately began working on her client’s behalf and was able to submit documentation to the court showing that her client was suffering from medical and mental health issues. After her condition was taken into account, Valcarcel negotiated to allow probation in lieu of jail time, which let her client continue her essential medical and mental health treatments.

A Sarasota woman in her 30s was recently alleged to have taken items from a clothing store. As a result, she was facing a 2nd-degree misdemeanor petty theft charge with six months of probation or 60 days in the county jail. A conviction of this magnitude would prove difficult to accept any position with a potential employer. Concerned about her future, she called upon the services of experienced Sarasota criminal defense attorney Erika Valcarcel. As a first time offender, attorney Valcarcel saw an opportunity to enter into a pretrial intervention program and made the request on behalf of her client. After successful admittance into the program, our client went through a three-month period of supervision, took a class, and participated in community service. Our client successfully completed the course requirements and the case in its entirety was dismissed against her. She will not see any adverse effects as a result of this one-time mistake.

When a man in his fifties was approached by an undercover officer and charged with solicitation of a prostitute, he was suddenly exposed to an embarrassing offense and up to a year in jail for this first-degree misdemeanor. In Sarasota County, there is a current trend to pursue these cases aggressively and he contacted Sarasota criminal defense lawyer Erika Valcarcel to find the best possible result. Even though it is becoming increasingly difficult to enter a diversion program for solicitation charges, attorney Valcarcel fought hard for her client. By leveraging his otherwise unblemished record, she facilitated his enrollment into the Pre-Trial Intervention (PTI) Program. Through PTI, her client would need to pay a monetary fine, undergo an STD screening, participate in a dangers of prostitution workshop, and perform community service, but once completed, the charge will be dismissed.

Recently, a woman in Manatee, County became involved in a relatable, but very serious situation when a heated argument with her child’s grandmother resulted in criminal charges with the potential to send her to prison for a very long time. The two were supposedly arguing and the grandmother claimed that the woman tried to force her way into her home and she was injured in the scuffle. Therefore, the police arrested the woman for burglary that included battery, which is a first-degree felony with a maximum penalty of 30 years in prison. To effectively deal with this, the woman contacted Erika Valcarcel, Criminal Defense Lawyer, P.A. and veteran Sarasota criminal defense attorney Erika Valcarcel. With considerable experience handling felony cases throughout the area, attorney Valcarcel began negotiating with the prosecution, arguing for an appropriate resolution. In the end, she demonstrated that since there was no physical evidence or injuries, the case should not proceed. As a result, the charges were dismissed before they were officially filed and her quick decision to consult legal counsel spared her from any negative ramifications.

Recently, a woman was charged with a felony probation violation. She was on probation and required to have her whereabouts electronically monitored. She allegedly was not where she was supposed to be for less than 30 minutes. Typically, on felony violations of probation, defendants are not allowed to bond out pending the resolution of their case. Therefore, it is vital to have an attorney work quickly with the prosecutor, and that is what attorney Erika Valcarcel did. Attorney Valcarcel advocated for her client and got her released with only an extension of the house arrest and electronic monitoring.

Recently, Sarasota criminal defense lawyer Erika Valcarcel assisted a woman in Hardee County when some very serious charges put her criminal record and her freedom in jeopardy. In order to separate herself from the residents of a shared home, the woman in question moved into a trailer on the rural property; however, it was not far enough. Eventually, police officers executed a warrant for the residence, which also included the trailer and some marijuana was discovered. While a marijuana possession charge is significant for anyone as a first-degree misdemeanor, punishable by up to a year in jail, the woman’s problems were compounded by the officers’ allegations that she attempted to conceal the marijuana by putting it down the sink during the search. This consequently resulted in an additional charge of tampering with evidence that could potentially send her to jail for a total of five years. This woman, who had no prior criminal history and some significant medical issues was desperate for help and eventually came to the experienced legal professionals at Erika Valcarcel, Criminal Defense Lawyer, P.A. for a consultation. After thoroughly reviewing the circumstances surrounding the incident and by getting to know her client personally, it was clear to attorney Valcarcel that this woman was using the marijuana to treat her medical issues. While Florida does not permit the legal use of medical marijuana like many other states, attorney Valcarcel believed that this contributing factor was important and should be brought to light. Therefore, she zealously negotiated with the prosecution and despite the additional felony tampering charge, the prosecution relented and agreed to enroll her client in a pre-trial intervention program. As such, this client’s wise decision to choose a compassionate and knowledgeable criminal defense attorney, like Erika Valcarcel, saved her from any time behind bars and after completing some required drug diversion classes and treatment, all the charges against her will be dismissed, and she will eventually be eligible for expungement.

When a client was facing third-degree felony charges for Aggravated Assault with a Deadly Weapon, they quickly contacted Erika Valcarcel to avoid a potential punishment of 5 years in jail. The client was accused of threatening her husband of many years with a kitchen knife; however, these alleged facts were not accurately reported. The husband contacted our office and signed a waiver of prosecution stating that he did not want to go forward with the case. We then submitted a waiver to the State Attorney's office arguing that without the alleged victim's testimony, there was no evidence of a crime. This resulted in a full dismissal of the client's charges.

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.

Attorney Valcarcel recently assisted a man charged with battery after a domestic incident with his wife of many years. As a first degree misdemeanor, he was looking at up to a year in jail as well as a serious conviction on his record. His arrest stemmed from an argument where he threw an object that unfortunately hit and cut his wife, causing an injury. As a condition of his release, the man was ordered to have no contact with his wife. While this is typical in Sarasota domestic violence charges, it also prevented the man from returning to his home. Once retained, attorney Valcarcel immediately moved to have the No Contact Order lifted and advised her client to proactively enroll in anger management. This helped establish that her client was not dangerous and persuaded the judge to lift the No Contact Order. This let the man return home, while the case was pending. Attorney Valcarcel then worked with her client and his wife to file a waiver of prosecution. This stated her desire to not move forward with the case. Once it was filed, Valcarcel argued that without the wife’s testimony the prosecution would have a difficult time proving their case. As a result, the charges were dismissed and the couple was free to move on and put this situation behind them.

Erika Valcarcel’s client, a military veteran, was charged with battery on a nurse, which is considered a third-degree felony. There were no injuries reported, and attorney Valcarcel immediately worked to resolve this case with a court intervention program called Veterans Court, which provides resources to veterans including counseling and therapy. Once her client completes the program, the charges will be dropped, and his record expunged.

Recently, a client came to Erika Valcarcel after being charged with aggravated battery. Her client faced 15 years in prison and permanent felonious record. The client got in a fight at a community pool where the witness stated they were injured. However, after depositions, attorney Valcarcel concluded that both parties were drinking and exchanged words, leading to the fight. As a result, Sarasota assault and battery lawyer Erika Valcarcel advocated that her client did not intend to cause the injuries. Consequently, the State agreed to reduce his charge to felony battery on the condition that he pay all medical bills. With the aid of attorney Valcarcel, her client only received three years of probation.

In Sarasota County, a man was charged with battery on his live-in girlfriend after an alcohol-fueled argument. Knowing he faced serious charges, he contacted Erika Valcarcel. In the state of Florida, if you are arrested and released with domestic battery, a ‘no contact’ provision will be issued. This means that if you live with the alleged victim, you cannot return home. However, his girlfriend submitted a statement saying the situation was a misunderstanding and she did not wish to move forward with the charges prior to arraignment. With Erika Valcarcel’s help, the case was dropped immediately, and the ‘no contact’ provision was automatically removed. This let the man return home and move on without domestic violence charges attached to his record.

Recently, a man was attending an event with his wife and some friends at a Sarasota hotel when he got into an argument with both his wife and their waiter. After throwing wine on his wife and allegedly shoving the waiter, the man was arrested for disorderly conduct. Knowing the implications a conviction for this offense could have on his life and career, he reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A.. After speaking with the prosecutor, attorney Erika Valcarcel discovered that the disorderly conduct charge might turn into one for battery, a charge that would likely prevent the client from receiving a pre-trial intervention (PTI), so she immediately got to work on his case. Both the wife and waiter did not want to get involved in the case and testify, so attorney Valcarcel negotiated an agreement in which her client would receive a reduced disorderly conduct charge, which would allow him to complete PTI. After completing community service hours and anger management classes, the case will be dismissed.

Recently, a 30-year-old found himself facing a misdemeanor battery charge after a night of too much drinking while on vacation in Florida with his girlfriend. After the police were called and he was officially charged, he returned to his out-of-state home and called Sarasota criminal defense attorney Erika Valcarcel. Knowing her client did not want to return to Florida for any court proceedings, attorney Valcarcel provided the state attorney’s office with a waiver of prosecution (which was submitted by the girlfriend, who said the situation was a big mistake). Upon receipt of this waiver, the state attorney declined to file charges against the client, and he did not have to return to Florida.

In Sarasota, an elderly man was recently charged with domestic battery after an incident with his spouse. As is common in domestic violence cases, the man was issued a No-Contact Order. This NCO barred him from any direct or indirect contact with his wife and returning home for fear of additional criminal charges. For a man in his eighties, this was a drastic blow to his life and he contacted attorney Valcarcel for help. After speaking with her client and discussing the matter separately with his wife, it was evident that they both believed the charges were overblown and neither was in fear of the other. Under attorney Valcarcel’s supervision, the wife completed a waiver of prosecution form, which was sent to the State Attorney’s office. Unfortunately, the process was delayed because the prosecutor wanted to investigate further. With the goal of at least returning home in the meantime, attorney Valcarcel filed a motion to lift the NCO, where both parties testified. Ultimately the judge agreed there was no imminent threat and permitted the no-contact order removed. This allowed the man to come home and resume his life while the investigation continued. After two months, the State Attorney finally concluded that the case did not warrant prosecution and the charges were dropped. While this was certainly a great outcome for her client and his wife, if not for effective legal representation, the NCO would have prohibited this married couple from living together for over two months.

Recently, a woman in Manatee, County became involved in a relatable, but very serious situation when a heated argument with her child’s grandmother resulted in criminal charges with the potential to send her to prison for a very long time. The two were supposedly arguing and the grandmother claimed that the woman tried to force her way into her home and she was injured in the scuffle. Therefore, the police arrested the woman for burglary that included battery, which is a first-degree felony with a maximum penalty of 30 years in prison. To effectively deal with this, the woman contacted Erika Valcarcel, Criminal Defense Lawyer, P.A. and veteran Sarasota criminal defense attorney Erika Valcarcel. With considerable experience handling felony cases throughout the area, attorney Valcarcel began negotiating with the prosecution, arguing for an appropriate resolution. In the end, she demonstrated that since there was no physical evidence or injuries, the case should not proceed. As a result, the charges were dismissed before they were officially filed and her quick decision to consult legal counsel spared her from any negative ramifications.

Sadly, sometimes contentious situations can get out of hand and criminal charges and accusations are made, requiring skilled legal representation. For example, not long ago, a woman arrived in Manatee County from out-of-state to deal with the loss and probate process after her grandmother passed away. Apparently, the woman was at her grandmother’s house, clearing out the property and the local Homeowner’s Association president came by. A discussion about her staying at the house escalated to an argument and the woman was accused of closing the door on the HOA president’s hand. Police were called and because the purported victim was over 65-years-old, the battery offense was raised to a felony, punishable by up to five years behind bars. Sarasota criminal defense attorney Erika Varcarcel was hired to handle this delicate process and due to residing out-of-state, she worked to achieve the best possible outcome without needing her client to return. Ultimately, attorney Valcarcel negotiated with the prosecution and by illustrating the events leading up to the incident, including the recent loss of her client’s grandmother as well as the hostile behavior by the HOA president, she obtained a full dismissal of the charges before they were even filed. By consulting with an attorney as soon as possible, this client could quietly and quickly move on without too much inconvenience.

In Manatee County, Sarasota criminal defense attorney Erika Valcarcel recently aided a 20-year-old man when the foolish decision to accompany others led to felony armed home invasion charges and possible life in prison. Evidently, the three individuals broke into a home, which belonged to one of the participant’s acquaintances. During the incident, the homeowner was unfortunately injured and a gun was taken, which escalated the charge because under Florida Law if a person becomes armed during the commission of an intrusion, the crime and as a result the consequences are heightened. The man was quickly arrested and when he learned about his dire situation, he reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Valcarcel reviewed the evidence and through an extensive deposition process, it became evident that the alleged victim knew one of the suspects involved and significant problems with his credibility began to arise. Attorney Valcarcel utilized this information to aggressively negotiate for the best possible result. By showing that her client was primarily accompanying the others, she ultimately achieved a reduced plea agreement for a misdemeanor offense. This included a sentence for time served, no additional jail or probation, and left her client in a much better position to move on after such a regrettable situation.

When people’s children are involved, emotions can run high and an altercation can get out of hand. Recently, a woman was with her child at a Sarasota apartment complex’s pool when an argument ensued after a racial slur was apparently aimed at her child. Understandably, the woman and some other bystanders confronted the group where the pejorative originated and the situation escalated to the point where police were called. The mother found herself charged with battery and to hopefully avoid the complications of a first-degree misdemeanor conviction, she retained the services of attorney Erika Valcarcel of Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Valcarcel negotiated with all the parties involved and effectively secured her client’s enrollment in Pre-Trial Intervention. While PTI usually involves extensive diversion classes, due to attorney Valcarcel’s aggressive advocacy and the extenuating circumstances, the only condition the woman needed to complete was a single anger management class. As a result, the mother saw the charge dismissed and was free to return home to her child without a battery conviction.

Sometimes, when police respond to calls for assistance, emotions can run high on both sides and this hectic atmosphere can, unfortunately, result in law abiding citizens being charged with life-altering crimes. If you are ever caught up in such a regrettable situation in the Sarasota area, it is essential that you reach out to a veteran Sarasota criminal defense attorney, like Erika Valcarcel, who has extensive experience dealing with the various Florida court systems and can help you achieve the best possible outcome. Not long ago, a self- employed woman from Sarasota called the police for a domestic incident, but the matter was resolved prior to the officers’ arrival. After explaining that their services were no longer necessary, the woman requested that they leave her property. Apparently, they did not disperse quickly enough and in frustration, the woman turned on her garden hose and proceeded to water her lawn, getting the officers wet. Believing her actions were aggressive in nature, the officers on the scene attempted to arrest the woman, which further aggravated her. When all was said and done, the woman’s inappropriate response led to being charged with a third-degree felony of battery on law enforcement as well as a resisting arrest with violence, which exposed her to the possibility of a five-year sentence in addition to a felony conviction appearing on her record. The woman was immediately remorseful for her actions and as a business owner, she knew that even if she avoided jail, a violent felony conviction would cause irreversible financial harm. Therefore, she decided to consult with a highly skilled Sarasota violent crimes lawyer to review her available options to deal with her battery and resisting arrest charges. Attorney Erika Valcarcel met with her client to go over her case, and once retained, she reviewed all the available evidence to craft a strong defense. It was clear to attorney Valcarcel that there were obvious discrepancies between the officers’ statements regarding the incident and she ultimately used these conflicting reports as leverage in her negotiations. During her discussions with all those involved, she not only highlighted these inconsistencies but also appealed to the overall appropriateness of the charges against her client. This argument proved effective for her client and resulted in the dismissal of the more serious felony battery of law enforcement charge and the reduction of the resisting arrest with violence offense to a relatively minor offense of resisting arrest. While she would need to serve a term of probation and participate in a mental health evaluation, the client took great comfort in the fact that this result not only removed her fear of imprisonment but also her anxiety over a permanent felony conviction for a momentary lapse in judgment.

Few situations are as emotionally charged or complicated as those involving claims of domestic violence and there are times when further investigation is necessary. In situations where the responding police officers cannot make a judgment regarding arrest, they can leave the decision to file criminal charges up to the prosecution; however, this can lead to lingering accusations and fear of imminent legal troubles. Some time ago, a man in his 40’s became embroiled in a family argument, where his brother’s significant other accused him with battery, which is a misdemeanor level offense. If convicted of battery, this could result in probation or up to a year in jail. In this particular scenario, the police passed the case off to the prosecutor, but when a timely decision wasn’t made, the man became anxious and reached out to the experienced Sarasota criminal defense attorneys with Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Erika Valcarcel took the man’s case and began an independent investigation that included collecting photographs and video evidence. Upon review, it became apparent that the version of events that the alleged victim conveyed to authorities was not possible. Attorney Valcarcel presented these findings to the prosecution and effectively argued that if the state moved forward with a battery charge, they assuredly could not prove guilt beyond a reasonable doubt. In light of this evidence, the prosecution agreed and declined to file charges against her client. The man was very pleased to expedite the outcome of this case, saving his criminal record and reputation from unnecessary harm.

When authorities are called to a domestic dispute, and due to a usually chaotic environment, authorities sometimes misunderstand the circumstances and law abiding citizens can find themselves being needlessly charged with crimes. When this happens, it is critical that you consult with a knowledgeable criminal defense attorney, who can help navigate the complex criminal process and work to set things right. Recently, a Sarasota woman’s disagreement with her boyfriend became heated and police were ultimately called. While the officers were on scene, the boyfriend attempted to quell any legal problems for his long-time girlfriend; however, the police determined that she should be arrested on battery charges. Since this charge is considered a first-degree misdemeanor, punishable by up to a year in jail, the woman and her boyfriend became very worried and decided to consult with a legal professional to go over their options. This led the couple to Erika Valcarcel, Criminal Defense Lawyer, P.A., where attorney Erika Valcarcel met with them to discuss the situation. During their consultation, it became clear that the boyfriend did not want to pursue any criminal charges against his girlfriend and in fact, the police did not have the whole story regarding the incident. Therefore, in an effort to alleviate the woman’s legal worries, attorney Valcarcel prepared a waiver of prosecution form, which indicated that the situation was misinterpreted, the boyfriend was not in fear of the defendant, does not want to testify, and does not want to proceed with any criminal proceedings. Once this document was completed and notarized by the boyfriend, it was presented to the prosecution. After it was reviewed, the state attorney decided that the battery charge should not be filed. This gave the couple a great deal of comfort and because their immediate and proactive decision to retain an attorney, the two could move past this incident with little inconvenience and no lasting criminal consequences.

Our client was arrested for driving on a suspended license, which had been suspended due to a prior DUI conviction. Typically, the State seeks jail time for driving on a suspended license in cases involving a DUI suspension. In these cases, individuals with a combination of three DUI or driving while license suspended (DWLS) convictions risk being classified as habitual traffic offenders, resulting in a five-year license suspension. Attorney Valcarcel guided the client through the steps to obtain a valid license. After presenting this to the State, she successfully negotiated a reduction of the charge to a no valid driver's license offense. The client avoided jail, probation, and the habitual traffic offender designation, while only having to pay court costs.

Our client was arrested for driving under the influence of alcohol after being stopped for exceeding 100 mph. She faced potential incarceration, probation, fines, mandatory classes, and driver's license revocation. However, by refusing the field sobriety exercises and breath test, the State had limited evidence of impairment. Attorney Valcarcel successfully negotiated a reduction of the charge to reckless driving, resulting in no license suspension and no jail time.

After a client was arrested for a DUI, they faced jail time, fines, increased insurance rates, and several other potential consequences. This led them to reach out to Erika Valcarcel for assistance. We immediately contacted the state regarding their DETER program, which could reduce a DUI charge to reckless driving if the program is completed. We argued that since it was the client's first offense, no aggravating factors existed, and the client cooperated with law enforcement, they should be eligible for the program. Upon completing the program, the client's charges were reduced to reckless driving. On top of that, we helped the client keep their driver's license throughout the process.

Our client was pulled over and charged with driving on a suspended license, which was taken away for various violations, including failure to pay prior fines, court costs, a previous DUI, and back child support. This is a second-degree misdemeanor and potentially exposed him to 60 days in county jail. The prosecution initially wanted him to serve the entire 60-day maximum sentence. However, we worked with our client and advised him to pay off all of his fines, court costs, and get caught up on child support. We helped with this by continuing the case and giving him the time he needed. Once his financial obligations were met, we negotiated for a resolution that did not include jail time or any probation.

An elderly veteran with no prior criminal history came to Erika Valcarcel after being arrested for DUI. He was found unconscious in a single-car DUI accident. His blood was taken, and his BAC was found to be above the legal limit. The man was facing license suspension, serious fines, and all the trappings of a DUI conviction. Attorney Valcarcel reviewed the case and obtained the medical records, showing that he was in and out of consciousness when his blood was taken. Therefore, she argued that her client was unable to knowingly consent. Her argument successfully led to a motion to suppress the blood results. Based on this, the prosecutor agreed to reduce the DUI to a reckless driving charge, under the condition to complete 25 hours of community service.

Previously, Sarasota criminal defense attorney Erika Valcarcel effectively handled a very serious felony DUI case for a woman, which resulted in a drastic reduction to a misdemeanor offense and a term of probation in lieu of some dreadful potential consequences. Eventually, this individual was found to have violated the terms of her probation by leaving the county without permission and again was arrested for public intoxication. With this type of probation violation, which was also alcohol related there was not a lot of sympathy from the court and she was denied a bond that required her to remain in jail pending a resolution. Based on the dire nature of her circumstances, which included the likely possibility that she’d be incarcerated for the remainder of her one-year sentence, the woman knew that she needed strong legal representation and once again, called upon the services of Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Erika Valcarcel immediately set to work and began discussing the situation with her client’s probation officer prior to the completion the officer’s sentencing recommendation. By highlighting the woman’s clear substance abuse history and her sincere desire to seek help, attorney Valcarcel negotiated to reinstate the woman’s probation instead of incarceration with the added condition that she complete a 28-day residential alcohol treatment program. Due to Valcarcel’s impressive ability and experience with sentencing guidelines and probation procedure, her client was able to return home as well as get the assistance that she needed instead of spending considerable time in custody.

Not too long ago, a woman in her 30s from Sarasota County was charged with 3rd-degree felony DUI with serious bodily injury. The woman, a housekeeper in the area, was facing a maximum of five years in prison after severely injuring another person. Looking to avoid any length of a prison sentence, the woman reached out to experienced Sarasota County DUI attorney Erika Valcarcel for legal guidance in this serious DUI. Attorney Valcarcel was quick to respond to the matter at hand. A further look into the case revealed the blood kit used to test our client's BAC was expired. Utilizing this critical information, attorney Valcarcel consulted with numerous experts to negotiate a positive outcome for the woman. At the conclusion of pre-trial negotiations, our client widely missed a prison sentence. Our client was placed on house arrest and a short term of probation, yielding an astounding result for our client.

While a client was on probation for Sale of Controlled Substances, they were accused of violating their curfew. With the thought of facing up to 5 years of prison time, the client contacted Erika Valcarcel. We skillfully negotiated with the State by providing documentation that the client had earned a college degree and had been working a full time job during their probation. After successful negotiations, we helped the client avoid jail time and they were ordered to complete extra community service instead.

Not long ago, attorney Valcarcel represented a man who had been charged with first-time possession of marijuana. She aggressively negotiated on his behalf, and he was able to get into a pre-trial intervention (PTI) program and complete 15 hours of public service work. However, during that time, he was charged with possession of marijuana again and kicked out of the PTI program. Now, he faced two charges of possession of marijuana, which are both first-degree misdemeanors. He faced adjudication, a one-year license suspension, substantial classes, and random urine analyses. Attorney Valcarcel fought hard for her client and argued that the initial case should have been dismissed. Additionally, she presented that her client’s second charge, unfortunately, came about before he was given a chance to fully benefit from the drug treatment and evaluation portion of the PTI program. The court, ultimately, agreed, gave the young man a withhold, and admitted him into a new PTI program, consisting of public service and a drug evaluation.

Recently, a man in his early 20’s faced two separate charges of possession of a controlled substance after he was found with marijuana wax in two counties. In Florida, possession of marijuana wax qualifies as a felony regardless of the amount. This severely escalated his possible penalties, and knowing that he needed to address charges in Hillsboro and Manatee County, he went to Erika Valcarcel for help. Firstly, attorney Valcarcel negotiated with Manatee County to reduce his penalties to a six-month program that includes random urine testing and counseling. Upon successful completion, his charges will be dismissed. However, the man still faced a possession of a controlled substance charge in Hillsboro county. Erika Valcarcel aggressively fought for her client and convinced the Hillsboro court to transfer the supervision of his case to Manatee. So, the young man only has to complete one set of drug court requirements in Manatee County. Upon completion, his plea will be set aside, and the felony marijuana charges will be dismissed.

A young woman was charged with marijuana possession, which is normally a misdemeanor, but since she was found with more than 28 grams, it was considered a felony. This heightened the gravity of her situation as well as the potential penalties. To avoid a haunting mark on her record, she contacted Sarasota criminal defense lawyer Erika Valcarcel to secure the best possible outcome. By negotiating with the prosecutors, attorney Valcarcel secured her entry into a Pre-Trial Intervention (PTI) program available through Sarasota’s drug court. This allowed her to enter a no-contest plea, participate in six months of urinalysis, and upon completion the charge will be dismissed, making her eligible for an expungement to permanently remove the incident from her record.

When a young man in Sarasota was charged with first offense drug possession for cocaine, he contacted criminal defense attorney Erika Valcarcel. The client’s main concerns revolved around a fear of losing his driver’s license since he was employed as a locksmith and needed to drive as part of his job. As attorney Valcarcel explained, there are typically two options to deal with first-offense drug charges: drug court and a probationary sentence. While participation in drug court allows people the chance to obtain a dismissal, it also includes time-consuming and often inconvenient treatment, counseling, and follow-up appointments, which can be difficult to keep up with if you work a full-time schedule. A probationary sentence on the other hand typically involves a negotiated lighter sentence, but a conviction will still appear on your record. This is often a difficult situation for people to consider and each comes with the possibility of trouble down the road. In this man’s case, he elected probation and a withhold of adjudicated to preserve his license and his job. This included a two-year term of probation, community service, and a drug evaluation and testing requirement. While this would be a very favorable result for someone in his position, this case was jeopardized by an additional arrest and marijuana charge that occurred before he received his sentence. When the prosecutors learned of his subsequent arrest, they wanted to pursue a 30-day jail sentence. Attorney Valcarcel vehemently defended her client and articulated that her client should be afforded a chance to undergo the treatment and evaluation options provided by probation. As a result, the man saw no additional consequences for the new charge and could move on with his life.

A man in Sarasota was recently charged with numerous drug offenses and driving on a suspended driver’s license, while he was already on probation for prior convictions in Sarasota and Manatee County. When combined with the alleged probation violation, these new felony drug crimes for possession of cocaine and fentanyl with intent to distribute exposed him to mandatory prison time. To hopefully, avoid several years in prison, the man contacted Sarasota criminal defense attorney Erika Valcarcel. Despite a lot of pressure on prosecutors to seek harsh consequences in drug cases involving fentanyl, attorney Valcarcel strived to find an outcome that best served her client. After an exhaustive process that involved depositions with the officers at the scene, attorney Valcarcel uncovered discrepancies in the chain of custody procedure for how the evidence was collected, analyzed, packaged, and transported. By leveraging these inconsistencies, attorney Valcarcel negotiated to reduce the second-degree felony charges to lesser offenses. This removed the prerequisite for mandatory prison time and allowed her client to effectively deal with all of his charges once and for all by serving 11 months in a county facility, rather than state prison. Additionally, attorney Valcarcel obtained a revoke and termination order for his prior probation. While her client did need to spend some time in custody, it was drastically less than what was likely. Once completed, he would be free to resume his life with no further probation requirements.

In Sarasota, a group of young people was recently approached by the police for smoking marijuana. One of the individuals arrested was a 20-year-old woman and she suddenly found herself charged with possession of marijuana. This offense is a misdemeanor in Florida and carried the possibility of a year in jail and a fine of up to $1,000 in addition to a smear on her otherwise clear criminal record. As a college student, the woman knew that any such blemish could seriously impact her educational opportunities, so she contacted Sarasota criminal defense lawyer Erika Valcarcel to pursue the best possible outcome. Attorney Valcarcel utilized her considerable knowledge in this field to facilitate a resolution as quickly as possible. After negotiating with the prosecution, attorney Valcarcel secured her client’s placement into a Pre-Trial Intervention program. This allowed the woman to participate in a drug diversion class and some community service. Once the program is completed, this would result in the dismissal of her marijuana possession charge. This spared her from a restrictive drug conviction on her record and she could complete her college applications without worry.

When a young man in his 20's was recently charged with marijuana possession in Sarasota County, he was obviously worried and knew that the impact could be severe. Since this is considered a first-degree misdemeanor, if he was convicted he could face some time in jail and a $1,000 fine in addition to earning a mark on his criminal record and a one-year driver's license suspension. While the young man did not want to experience any of these harsh penalties, it was particularly important to him to preserve his ability to drive. This led him to Sarasota criminal defense lawyer Erika Valcarcel, who began working to protect her client's interests. During discussions with the prosecution, it was apparent that the state wanted to pursue a conviction and probation. Not satisfied with the result, which would still require the loss of her client's license, attorney Valcarcel persisted and fought for the best possible outcome, In the end, attorney Valcarcel negotiated for the young man to keep his license and simply pay a fine.

Recently, Sarasota criminal defense lawyer Erika Valcarcel assisted a woman in Hardee County when some very serious charges put her criminal record and her freedom in jeopardy. In order to separate herself from the residents of a shared home, the woman in question moved into a trailer on the rural property; however, it was not far enough. Eventually, police officers executed a warrant for the residence, which also included the trailer and some marijuana was discovered. While a marijuana possession charge is significant for anyone as a first-degree misdemeanor, punishable by up to a year in jail, the woman’s problems were compounded by the officers’ allegations that she attempted to conceal the marijuana by putting it down the sink during the search. This consequently resulted in an additional charge of tampering with evidence that could potentially send her to jail for a total of five years. This woman, who had no prior criminal history and some significant medical issues was desperate for help and eventually came to the experienced legal professionals at Erika Valcarcel, Criminal Defense Lawyer, P.A. for a consultation. After thoroughly reviewing the circumstances surrounding the incident and by getting to know her client personally, it was clear to attorney Valcarcel that this woman was using the marijuana to treat her medical issues. While Florida does not permit the legal use of medical marijuana like many other states, attorney Valcarcel believed that this contributing factor was important and should be brought to light. Therefore, she zealously negotiated with the prosecution and despite the additional felony tampering charge, the prosecution relented and agreed to enroll her client in a pre-trial intervention program. As such, this client’s wise decision to choose a compassionate and knowledgeable criminal defense attorney, like Erika Valcarcel, saved her from any time behind bars and after completing some required drug diversion classes and treatment, all the charges against her will be dismissed, and she will eventually be eligible for expungement.

If you find yourself accused of a crime, it is important to find a knowledgeable Sarasota marijuana charges attorney to protect your rights and advocate for the best possible result. This experience recently aided a young woman after she was pulled over for a routine traffic stop, but subsequently found herself charged with possession of a small amount of marijuana. A marijuana possession offense is a first-degree misdemeanor, punishable by a possible jail sentence or a 12-month term of probation. With a good job and no prior criminal history, the young woman wanted to avoid any time in jail or the complications associated with having a drug conviction on her record; therefore, she reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Erika Valcarcel used her ample understanding of Florida drug charges to effectively negotiate for her client and successfully had the young lady admitted into a drug diversion program, which includes a drug evaluation, and after completing some community service, the marijuana possession charge would be dismissed. On account of attorney Valcarcel’s representation, her client was able to move past this incident without the trappings of a drug conviction. Furthermore, the client was pleased to learn that after the diversion program, she’ll also become eligible for an expungement, essentially removing the incident from her record.

Not long ago, a 21-year-old man, working as a server was charged with two counts of misdemeanor possession of drug paraphernalia. The prosecutors originally wanted him to accept a guilty plea to the charges, which would require a probation period, community service, as well as participation in a drug evaluation and treatment program. The young man wanted to avoid a drug paraphernalia conviction besmirching his record so he contacted attorney Erika Valcarcel, who has the experience and skill to handle Florida drug offenses. After taking the case, Attorney Valcarcel showed the court documentation that her client had already voluntarily admitted himself for drug treatment and used this fact to negotiate his admittance into a diversion program. If her client completes the diversion option, the charges will be dropped, making him eligible to receive an expungement to remove the incident and its negative effects from his record.

A man in his 30s from Bradenton, Florida was charged with 2nd-degree felony sale of cocaine, a serious charge carrying a maximum of 15 years incarceration. The man, a construction worker in the area, countered this charge with the legal representation of experienced Sarasota criminal defense attorney Erika Valcarcel. The man had no prior criminal charges on his record to this point. Attorney Erika Valcarcel used this to negotiate his way into drug court, a first offender's program. Upon successful completion of this program, he is expungement eligible. The man is currently working towards the expungement of his sale of cocaine charge.

A 20-year-old college student from Bradenton, Florida of Manatee County was charged with 3rd-degree felony sale of marijuana. The young man was concerned about a drug conviction on his record from a professional standpoint. Looking for help with his uncertain future, the student sought out the legal guidance of Sarasota criminal defense attorney Erika Valcarcel. With a potential five-year prison sentence pending, attorney Valcarcel was adamant about getting the student into a drug court program. In the state of Florida, a drug sale charge does not ordinarily render admittance into such a program. However, Valcarcel aggressively advocated on behalf of her client’s young age and positive standing in the community. Upon the insistence of attorney Valcarcel, our client was admitted into drug court where he successfully completed all program requirements. He later saw an expungement of his sale of marijuana charge.

Our client was arrested for misdemeanor possession of marijuana in Manatee County, which violated his probation for a prior felony marijuana sale in Sarasota County. The case was complicated because two counties were involved. The client's bond was set at $0 for the felony probation of violation due to a new possession charge being added, and he had to stay in jail until both cases were resolved. Within two weeks, Attorney Valcarcel secured court dates in both counties, arranged for the client’s transfer from Manatee to Sarasota County, and successfully resolved both cases for time served, leading to his release. Note: these types of cases/situations can often take months to resolve

Our client was arrested for driving on a suspended license, which had been suspended due to a prior DUI conviction. Typically, the State seeks jail time for driving on a suspended license in cases involving a DUI suspension. In these cases, individuals with a combination of three DUI or driving while license suspended (DWLS) convictions risk being classified as habitual traffic offenders, resulting in a five-year license suspension. Attorney Valcarcel guided the client through the steps to obtain a valid license. After presenting this to the State, she successfully negotiated a reduction of the charge to a no valid driver's license offense. The client avoided jail, probation, and the habitual traffic offender designation, while only having to pay court costs.

Our client was arrested for misdemeanor possession of marijuana in Manatee County, which violated his probation for a prior felony marijuana sale in Sarasota County. The case was complicated because two counties were involved. The client's bond was set at $0 for the felony probation of violation due to a new possession charge being added, and he had to stay in jail until both cases were resolved. Within two weeks, Attorney Valcarcel secured court dates in both counties, arranged for the client’s transfer from Manatee to Sarasota County, and successfully resolved both cases for time served, leading to his release. Note: these types of cases/situations can often take months to resolve

When a client faced 15 years in prison for second-degree felony Grand Theft charges, they recruited the help of Erika Valcarcel. The client allegedly broke into a vehicle and stole highly-valued tools. The State had to prove that the missing tools were in excess of $20,000 to prosecute the client with a second-degree felony. During discovery review, we found various issues with the valuation of the missing tools and concluded that they were not in excess of $20,000. Through intense negotiation, the client's charges were reduced to a third-degree felony. The client was also granted probation on the condition that they pay back an agreed amount for the missing tools. Due to attorney Valcarcel's diligence and attention to detail, she helped the client avoid a substantial prison sentence.

While a client was on probation for Sale of Controlled Substances, they were accused of violating their curfew. With the thought of facing up to 5 years of prison time, the client contacted Erika Valcarcel. We skillfully negotiated with the State by providing documentation that the client had earned a college degree and had been working a full time job during their probation. After successful negotiations, we helped the client avoid jail time and they were ordered to complete extra community service instead.

When a client faced one year in jail for first-degree charges of Petit Theft, they contacted Erika Valcarcel for help. The client allegedly took items without paying by failing to scan items at a self checkout at Walmart. The client insisted that this was an honest mistake and we supported this claim with the fact that they had no criminal record. After fierce negotiation with the State, they agreed to drop charges if the client completed a class and community service hours. By dropping a first-degree charge to essentially a slap on the wrist, our client was able to avoid jail time and a criminal record.

After a client was arrested for a DUI, they faced jail time, fines, increased insurance rates, and several other potential consequences. This led them to reach out to Erika Valcarcel for assistance. We immediately contacted the state regarding their DETER program, which could reduce a DUI charge to reckless driving if the program is completed. We argued that since it was the client's first offense, no aggravating factors existed, and the client cooperated with law enforcement, they should be eligible for the program. Upon completing the program, the client's charges were reduced to reckless driving. On top of that, we helped the client keep their driver's license throughout the process.

When a client was facing third-degree felony charges for Aggravated Assault with a Deadly Weapon, they quickly contacted Erika Valcarcel to avoid a potential punishment of 5 years in jail. The client was accused of threatening her husband of many years with a kitchen knife; however, these alleged facts were not accurately reported. The husband contacted our office and signed a waiver of prosecution stating that he did not want to go forward with the case. We then submitted a waiver to the State Attorney's office arguing that without the alleged victim's testimony, there was no evidence of a crime. This resulted in a full dismissal of the client's charges.

Attorney Valcarcel recently helped a client accused of taking money from her employer on several occasions. This led to very serious charges for engaging in a scheme to defraud. As a third-degree felony, she was looking at up to five years in prison and her employer was adamant that she receive jail time as part of her sentence. By negotiating with the prosecutor and arguing that it would be impossible for our client to repay her employer from jail, the state agreed to probation as long as she pays restitution, attends a theft diversionary class, and completes a mental health evaluation. This allowed her to avoid an almost assured jail sentence and put an unfortunate situation behind her.

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.

When a client was charged with leaving the scene of an accident, attorney Valcarcel worked to clear things up. Apparently, there was a minor accident and our client was accused of leaving the scene without providing the required information. Our client denied any wrongdoing and we requested all of the available evidence, including photos of the scene and the 911 call recording. This gave us everything we needed to demonstrate that it was actually the other driver involved who fled the scene. Therefore, our client had no opportunity to exchange information. The charges were dismissed and our client was spared from a second-degree misdemeanor conviction and consequences that could have included up to 60 days in jail.

Our client was pulled over and charged with driving on a suspended license, which was taken away for various violations, including failure to pay prior fines, court costs, a previous DUI, and back child support. This is a second-degree misdemeanor and potentially exposed him to 60 days in county jail. The prosecution initially wanted him to serve the entire 60-day maximum sentence. However, we worked with our client and advised him to pay off all of his fines, court costs, and get caught up on child support. We helped with this by continuing the case and giving him the time he needed. Once his financial obligations were met, we negotiated for a resolution that did not include jail time or any probation.

Attorney Valcarcel recently assisted a man charged with battery after a domestic incident with his wife of many years. As a first degree misdemeanor, he was looking at up to a year in jail as well as a serious conviction on his record. His arrest stemmed from an argument where he threw an object that unfortunately hit and cut his wife, causing an injury. As a condition of his release, the man was ordered to have no contact with his wife. While this is typical in Sarasota domestic violence charges, it also prevented the man from returning to his home. Once retained, attorney Valcarcel immediately moved to have the No Contact Order lifted and advised her client to proactively enroll in anger management. This helped establish that her client was not dangerous and persuaded the judge to lift the No Contact Order. This let the man return home, while the case was pending. Attorney Valcarcel then worked with her client and his wife to file a waiver of prosecution. This stated her desire to not move forward with the case. Once it was filed, Valcarcel argued that without the wife’s testimony the prosecution would have a difficult time proving their case. As a result, the charges were dismissed and the couple was free to move on and put this situation behind them.

Some time ago, a client came to Erika Valcarcel, Criminal Defense Lawyer, P.A. after it was alleged that on several occasions she switched bar codes on higher-priced items for lower priced items; therefore, paying less than what was owed to the retailer. This led to a 3rd-degree felony charge and possibly a five-year prison sentence for a scheme to defraud. We aggressively negotiated for the best possible outcome and secured her admittance into a pre-trial intervention program. By completing PTI and completing community service hours and a class, we were successful in getting a dismissal. While this was an impressive outcome on its own, we also handled the process of getting the entire incident expunged from her record since she did not want an arrest for a crime of dishonesty appearing on her record. We successfully applied for an expungement, and once granted her record became clear.

Our client was facing a year in jail for stealing from a local Walmart. Since she had since relocated to another state, attorney Valcarcel handled this latest theft offense largely on her behalf. Even though petit theft is a 1st-degree misdemeanor, because of our client’s prior convictions for the same offense, the state was asking for jail time. We uncovered that the woman had serious health problems and by showing the state documentation as to her condition, we negotiated for a probationary sentence including a theft offender class and community service hours. We entered a “plea in absentia” so that our client didn’t even have to travel back to Sarasota to resolve the case and worked out “mail-in” probation where she did everything in her home state and just mailed proof to a probation officer in Sarasota.

Our client was hired and paid $5,000 for some work at a residence, but the complaining witness alleged that no work was performed. To avoid conflict, our client reimbursed the money but was still charged with Grand Theft. As a 3rd degree felony, this is punishable by up to 5 years in prison. Attorney Valcarcel worked with the prosecutor, presented the facts, and by clearly showing that work had actually been performed and since all the money was reimbursed anyway, all the charges were dismissed.

Erika Valcarcel’s client, a military veteran, was charged with battery on a nurse, which is considered a third-degree felony. There were no injuries reported, and attorney Valcarcel immediately worked to resolve this case with a court intervention program called Veterans Court, which provides resources to veterans including counseling and therapy. Once her client completes the program, the charges will be dropped, and his record expunged.

Not long ago, a client of Erika Valcarcel, Criminal Defense Lawyer, P.A. was charged with Grand Theft, a third-degree felony with a maximum of five years in custody. They were accused of stealing close to $10,000 from their employer. Fortunately, attorney Valcarcel worked quickly and aggressively to resolve the case since her client showed remorse and wanted to pay back the employer as soon as possible. As a result, attorney Valcarcel reached a quick resolution where her client avoided jail by paying back the money and going on probation. He also avoided a felony conviction and received a withhold of adjudication due to his willingness to cooperate.

Recently, a woman was charged with a felony probation violation. She was on probation and required to have her whereabouts electronically monitored. She allegedly was not where she was supposed to be for less than 30 minutes. Typically, on felony violations of probation, defendants are not allowed to bond out pending the resolution of their case. Therefore, it is vital to have an attorney work quickly with the prosecutor, and that is what attorney Erika Valcarcel did. Attorney Valcarcel advocated for her client and got her released with only an extension of the house arrest and electronic monitoring.

Recently, a client came to Erika Valcarcel after being charged with aggravated battery. Her client faced 15 years in prison and permanent felonious record. The client got in a fight at a community pool where the witness stated they were injured. However, after depositions, attorney Valcarcel concluded that both parties were drinking and exchanged words, leading to the fight. As a result, Sarasota assault and battery lawyer Erika Valcarcel advocated that her client did not intend to cause the injuries. Consequently, the State agreed to reduce his charge to felony battery on the condition that he pay all medical bills. With the aid of attorney Valcarcel, her client only received three years of probation.

Not long ago, a client came to Erika Valcarcel after being arrested and charged with forgery. The client faced a third-degree felony and a maximum of five years in prison. The client worked for an A.C. company and met with clients to write estimates for new units. They met with an individual and gave her a quote. They signed the paperwork to purchase the unit and for financing. After the installation, the customer reported a crime after receiving their credit card statement. When she saw the credit application, she stated that she did not sign it. As a result, Florida criminal defense attorney Erika Valcarcel went to bat for her client, and through strenuous negotiations, the charges were dropped.

Recently, a man in Bradenton man was caught while he was in possession of marijuana and drug paraphernalia. Knowing how difficult it would be to attend court hearings and serve probation counties away from where he lived, he knew he needed the legal help of a skilled Sarasota criminal defense attorney. This is what brought him to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Erika Valcarcel immediately began negotiations with the prosecutor. After presenting them with documents that outlined his veteran status and medical conditions stemming from his military service, attorney Valcarcel argued why these circumstances would make it difficult for him to travel back and forth from Bradenton for probation and other case-related issues. In this case, the state cared greatly about the client receiving a drug evaluation. As such, attorney Valcarcel got the state to approve an evaluation performed by her client’s current Veterans Administration doctor. Once he mails proof of that meeting into the appropriate parties, he does not have to return to Bradenton for any matters related to his case. From here, the client received a withhold of adjudication, meaning he will not be considered a convicted criminal (for this offense), and that he gets to maintain his driver’s license.

Recently, a man was attending an event with his wife and some friends at a Sarasota hotel when he got into an argument with both his wife and their waiter. After throwing wine on his wife and allegedly shoving the waiter, the man was arrested for disorderly conduct. Knowing the implications a conviction for this offense could have on his life and career, he reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A.. After speaking with the prosecutor, attorney Erika Valcarcel discovered that the disorderly conduct charge might turn into one for battery, a charge that would likely prevent the client from receiving a pre-trial intervention (PTI), so she immediately got to work on his case. Both the wife and waiter did not want to get involved in the case and testify, so attorney Valcarcel negotiated an agreement in which her client would receive a reduced disorderly conduct charge, which would allow him to complete PTI. After completing community service hours and anger management classes, the case will be dismissed.

After getting into an accident with another vehicle, not stopping his own car, and leaving the scene, a young Sarasota County man found himself facing criminal charges. He was stopped shortly after, as the damage to his car was consistent with the other involved vehicle. As such, he was charged with a hit and run, an offense that carries with it potential penalties such as up to 60 days in jail, six months’ probation, and fines. Wanting to avoid these consequences, the man reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A. for help. Attorney Erika Valcarcel obtained copies of her client’s medical records, which revealed that the young man suffered from a concussion as a result of the accident, in addition to a couple of other medical issues that corroborated his claim that he didn’t intentionally not stop at the accident scene. Even though this was his first offense, the man faced the possibility of not obtaining a pre-trial intervention (PTI) program, as the state of Florida does not permit it for certain traffic offenses - including leaving the scene of an accident. Attorney Valcarcel fought hard for her client to receive PTI. After providing these records to the state attorney’s office that proved his medical condition, the client was awarded PTI. After completing an online driving class and some public service work, the case will be dismissed.

During a traffic stop, a Sarasota County man found himself being charged with a felony for a third offense of driving with a suspended license. In Florida, if you have three or more offenses for this crime, you’re automatically charged with a felony, which can be punished with incarceration. Wanting to avoid time behind bars, the man reached out to attorney Erika Valcarcel of Erika Valcarcel, Criminal Defense Lawyer, P.A.. Upon obtaining discovery documents, which included a copy of the client’s certified driving record, attorney Valcarcel found out that her client’s charge was only his second offense for driving with a suspended license, meaning he should only have been facing a misdemeanor. As such, attorney Valcarcel was able to get the charge reduced to a misdemeanor, keeping her client out of jail and on an 18-month probation sentence.

Recently, a Sarasota County man faced allegations regarding a New England home posted on a rental site. He allegedly rented out the home to a customer of the rental service and accepted their money, which totaled around $2,600. After the rental service customer realized the home was still up for rent, she contacted the authorities, who later traced the money to the man’s account. Realizing the trouble he was in for this offense - which was classified as grand theft - and a potential scam that included similar offenses, the man knew he needed a skilled criminal defense lawyer to help him with his case. This is what brought him to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Though the client was a first-time offender, the state was aiming to sentence attorney Erika Valcarcel’s client to six months in jail. Wanting to avoid this result for her client, attorney Valcarcel immediately got to work negotiating with the prosecutor, making the argument that jail time for her client would mean the rental service customer would not receive any of her money back. After paying the full amount he owed back to the woman, attorney Valcarcel’s client was placed on 18 months of probation with no jail time. In addition, the man received a withhold of adjudication. This means he can get his record sealed, and that he is not considered a convicted felon.

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.

Recently, a man in his twenties pulled over his car to avoid texting and driving. While stopped in front of a residential housing area, security guards approached his vehicle and asked the young man to move. After driving and parking his car near a strip mall that was under construction, the police were called. When they asked the man why he was there and he didn’t cooperate, they arrested him on charges of loitering and prowling in addition to obstruction. Facing jail time, probation, and other collateral consequences, the young man knew he needed the skilled legal help of a Sarasota criminal defense lawyer. Attorney Erika Valcarcel immediately got to work on this man’s case, and started with an investigation of the location where her client was arrested. In Florida, multiple elements need to be present for a loitering and prowling conviction to be obtained, including:

• 1. The defendant loitered and prowled in a place, at a time, or in a manner not usual for law-abiding citizens.
• 2. Such loitering and prowling were under circumstances that warrant a justifiable and reasonable alarm or immediate concern for safety of persons or property in the area.

In Sarasota, an elderly man was recently charged with domestic battery after an incident with his spouse. As is common in domestic violence cases, the man was issued a No-Contact Order. This NCO barred him from any direct or indirect contact with his wife and returning home for fear of additional criminal charges. For a man in his eighties, this was a drastic blow to his life and he contacted attorney Valcarcel for help. After speaking with her client and discussing the matter separately with his wife, it was evident that they both believed the charges were overblown and neither was in fear of the other. Under attorney Valcarcel’s supervision, the wife completed a waiver of prosecution form, which was sent to the State Attorney’s office. Unfortunately, the process was delayed because the prosecutor wanted to investigate further. With the goal of at least returning home in the meantime, attorney Valcarcel filed a motion to lift the NCO, where both parties testified. Ultimately the judge agreed there was no imminent threat and permitted the no-contact order removed. This allowed the man to come home and resume his life while the investigation continued. After two months, the State Attorney finally concluded that the case did not warrant prosecution and the charges were dropped. While this was certainly a great outcome for her client and his wife, if not for effective legal representation, the NCO would have prohibited this married couple from living together for over two months.

In many cases, if someone is charged with a second offense for the same crime, they can expect little sympathy. However, as Sarasota criminal defense attorney Erika Valcarcel can tell you, it can be indicative of larger issues that are better addressed through other means. Not long ago, a woman in her sixties was charged with petty theft for shoplifting and contacted attorney Valcarcel. When it became apparent that her client suffered from serious mental health issues and this was her second theft offense, attorney Valcarcel knew that an arrest warrant was soon to follow because she was already on probation. Attorney Valcarcel acted quickly to ensure that she was properly treated by mental health professionals. After conferring with her doctors, it was made clear that an arrest would have a serious and detrimental effect on her mental state. Since her client could not handle the strain of an arrest, attorney Valcarcel provided the court with all the necessary documentation and argued on her behalf. By facilitating true cooperation with her client’s doctors and the court, attorney Valcarcel successfully handled the warrant and negotiated to resolve her probation violation and new theft charge with the sole condition that she continues treatment. It is important to note that without capable legal representation a probation violation would almost assuredly result in arrest and aggressive prosecution. However, by working with a knowledgeable and compassionate lawyer, this client received the care she needed instead.

A man in Sarasota was recently charged with numerous drug offenses and driving on a suspended driver’s license, while he was already on probation for prior convictions in Sarasota and Manatee County. When combined with the alleged probation violation, these new felony drug crimes for possession of cocaine and fentanyl with intent to distribute exposed him to mandatory prison time. To hopefully, avoid several years in prison, the man contacted Sarasota criminal defense attorney Erika Valcarcel. Despite a lot of pressure on prosecutors to seek harsh consequences in drug cases involving fentanyl, attorney Valcarcel strived to find an outcome that best served her client. After an exhaustive process that involved depositions with the officers at the scene, attorney Valcarcel uncovered discrepancies in the chain of custody procedure for how the evidence was collected, analyzed, packaged, and transported. By leveraging these inconsistencies, attorney Valcarcel negotiated to reduce the second-degree felony charges to lesser offenses. This removed the prerequisite for mandatory prison time and allowed her client to effectively deal with all of his charges once and for all by serving 11 months in a county facility, rather than state prison. Additionally, attorney Valcarcel obtained a revoke and termination order for his prior probation. While her client did need to spend some time in custody, it was drastically less than what was likely. Once completed, he would be free to resume his life with no further probation requirements.

Some time ago, Sarasota defense attorney Erika Valcarcel aided a man after he was the victim of an internet scam and charged with check fraud. The case ultimately ended in his participation in PTI, which led to a dismissal, but his arrest and charge still appeared on his permanent record. The man did not want to miss out on any future opportunities because an old arrest showed up, even though he was not convicted or even formally charged, so he again reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A. to review his options and pursue his best interests. Attorney Valcarcel saw a chance to have the man’s charges completely expunged from his record and applied to the Florida Department of Law Enforcement to review her client’s eligibility. As she suspected, he was eligible for an expungement; therefore, she filed the necessary petition with the court. Once it was approved, the client’s arrest and fraud charge were removed from his record and he could now rest assured that this unfortunate incident would not cause further harm or inconvenience.  

Not long ago, a man in his fifties was charged with misdemeanor stalking after a former girlfriend accused him of making harassing calls and emails. Although he claimed this was simply a relationship that ended poorly, the state was seeking a conviction, participation in an intensive 29-week diversion classes for domestic battery, and a term of probation. Not wanting to see his reputation and record unnecessarily impacted by a stalking conviction, the man reached out to Sarasota attorney Erika Valcarcel. Believing the offered sentence was not appropriate considering there was no violence or danger of violence, attorney Valcarcel argued on his behalf. After considerable research, she negotiated for him to enter the Pre-Trial Intervention Program (PTI) and complete a more suitable class over 16 weeks to deal with aggressive behavior and anger issues. Because of attorney Valcarcel’s attention to detail and dedicated advocacy, once the terms of the PTI are met, her client can have the charge dismissed and is free to pursue an expungement.

When a man in his fifties was approached by an undercover officer and charged with solicitation of a prostitute, he was suddenly exposed to an embarrassing offense and up to a year in jail for this first-degree misdemeanor. In Sarasota County, there is a current trend to pursue these cases aggressively and he contacted Sarasota criminal defense lawyer Erika Valcarcel to find the best possible result. Even though it is becoming increasingly difficult to enter a diversion program for solicitation charges, attorney Valcarcel fought hard for her client. By leveraging his otherwise unblemished record, she facilitated his enrollment into the Pre-Trial Intervention (PTI) Program. Through PTI, her client would need to pay a monetary fine, undergo an STD screening, participate in a dangers of prostitution workshop, and perform community service, but once completed, the charge will be dismissed.

In Sarasota County, an 18-year-old high school basketball player was stopped with a few friends in a stolen car and subsequently charged with several serious crimes. Apparently, the group was trying to open car doors and this individual was now facing two counts of third-degree felony burglary of a conveyance, third-degree grand theft of a motor vehicle, and a misdemeanor for resisting arrest without violence. All told, the young man was exposed to a possible 11-year prison sentence, and to preserve his future college plans and his freedom, he came to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Sarasota defense attorney Erika Valcarcel represented the young student and immediately set to work. The prosecution initially offered a one-year jail sentence to cover all the charges, but believing there was a better result, she conducted several days of depositions. By interviewing the officers involved as well as the victims, it became clear that her client was the least responsible and never actually took anything from the cars. She highlighted this along with her client's previously clean criminal record, genuine remorse, and excellent support system to negotiate with the prosecution. Eventually, the state agreed to withhold adjudication based on a one-year house arrest sentence in place of jail, two years of probation, and 100 hours of community service. This allowed her client the chance to finish school while still playing basketball and by withholding adjudication, he can confidently claim that this incident did not end with a felony conviction. While attorney Valcarcel secured an excellent outcome in an otherwise grim situation, the others involved did not fare so well and were all sentenced to time in custody and have been labeled convicted felons.

Recently, a woman in Manatee, County became involved in a relatable, but very serious situation when a heated argument with her child’s grandmother resulted in criminal charges with the potential to send her to prison for a very long time. The two were supposedly arguing and the grandmother claimed that the woman tried to force her way into her home and she was injured in the scuffle. Therefore, the police arrested the woman for burglary that included battery, which is a first-degree felony with a maximum penalty of 30 years in prison. To effectively deal with this, the woman contacted Erika Valcarcel, Criminal Defense Lawyer, P.A. and veteran Sarasota criminal defense attorney Erika Valcarcel. With considerable experience handling felony cases throughout the area, attorney Valcarcel began negotiating with the prosecution, arguing for an appropriate resolution. In the end, she demonstrated that since there was no physical evidence or injuries, the case should not proceed. As a result, the charges were dismissed before they were officially filed and her quick decision to consult legal counsel spared her from any negative ramifications.

Sadly, sometimes contentious situations can get out of hand and criminal charges and accusations are made, requiring skilled legal representation. For example, not long ago, a woman arrived in Manatee County from out-of-state to deal with the loss and probate process after her grandmother passed away. Apparently, the woman was at her grandmother’s house, clearing out the property and the local Homeowner’s Association president came by. A discussion about her staying at the house escalated to an argument and the woman was accused of closing the door on the HOA president’s hand. Police were called and because the purported victim was over 65-years-old, the battery offense was raised to a felony, punishable by up to five years behind bars. Sarasota criminal defense attorney Erika Varcarcel was hired to handle this delicate process and due to residing out-of-state, she worked to achieve the best possible outcome without needing her client to return. Ultimately, attorney Valcarcel negotiated with the prosecution and by illustrating the events leading up to the incident, including the recent loss of her client’s grandmother as well as the hostile behavior by the HOA president, she obtained a full dismissal of the charges before they were even filed. By consulting with an attorney as soon as possible, this client could quietly and quickly move on without too much inconvenience.

In Manatee County, Sarasota criminal defense attorney Erika Valcarcel recently aided a 20-year-old man when the foolish decision to accompany others led to felony armed home invasion charges and possible life in prison. Evidently, the three individuals broke into a home, which belonged to one of the participant’s acquaintances. During the incident, the homeowner was unfortunately injured and a gun was taken, which escalated the charge because under Florida Law if a person becomes armed during the commission of an intrusion, the crime and as a result the consequences are heightened. The man was quickly arrested and when he learned about his dire situation, he reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Valcarcel reviewed the evidence and through an extensive deposition process, it became evident that the alleged victim knew one of the suspects involved and significant problems with his credibility began to arise. Attorney Valcarcel utilized this information to aggressively negotiate for the best possible result. By showing that her client was primarily accompanying the others, she ultimately achieved a reduced plea agreement for a misdemeanor offense. This included a sentence for time served, no additional jail or probation, and left her client in a much better position to move on after such a regrettable situation.

For some people, even a relatively minor offense can have very real and serious consequences that require the attention of a skilled criminal defense lawyer with the ability to find the most favorable result possible. Not long ago, a woman who was actively seeking permanent legal status in the United States was pulled over on her way to work and charged with not having a valid license. Since her current status prevented her from obtaining a driver’s license, the woman was not only facing the possibility of 60 days in jail or six months of probation, but also likely deportation if a conviction was added to her record. With considerable experience handling criminal traffic cases throughout Florida, Sarasota criminal defense lawyer Erika Valcarcel took the woman’s case and began working to protect her client’s freedom and her ability to stay in the country. This led to extensive negotiation with the prosecution, where she successfully achieved her admission into Pre-Trial Intervention. Since this option removes the need to enter a plea or have a conviction added to her record, once it is completed there would be nothing to trigger an immigration issue. After she completes the program and pays a small fine, the woman could move on with her life and pursue her official citizenship without interference.

When people’s children are involved, emotions can run high and an altercation can get out of hand. Recently, a woman was with her child at a Sarasota apartment complex’s pool when an argument ensued after a racial slur was apparently aimed at her child. Understandably, the woman and some other bystanders confronted the group where the pejorative originated and the situation escalated to the point where police were called. The mother found herself charged with battery and to hopefully avoid the complications of a first-degree misdemeanor conviction, she retained the services of attorney Erika Valcarcel of Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Valcarcel negotiated with all the parties involved and effectively secured her client’s enrollment in Pre-Trial Intervention. While PTI usually involves extensive diversion classes, due to attorney Valcarcel’s aggressive advocacy and the extenuating circumstances, the only condition the woman needed to complete was a single anger management class. As a result, the mother saw the charge dismissed and was free to return home to her child without a battery conviction.

Sometimes a simple mistake can spiral out of control and innocent people can find themselves on the wrong side of a criminal charge. If this happens, you will need an experienced criminal defense lawyer to thoroughly investigate and work for a favorable result. Not long ago, a man in his 30’s was working at his family’s Sarasota convenience store when he exchanged a customer’s winning lotto ticket for $50 when it was actually worth a $200 prize. Believing this to be intentional, the woman alerted the police, who subsequently charged the man with petty theft. While this is a misdemeanor level crime and punishable by between 60 and 90 days in jail, the man’s trouble was compounded by the fact that he was working towards his U.S citizenship and a theft conviction would put his goal of staying in America at risk. With a desire to protect his freedom and preserve his legal status, he reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A. and skilled attorney Erika Valcarcel. Attorney Valcarcel began working with the prosecution and expedited a mutually agreeable outcome that allowed her client to avoid a theft conviction by participating in a Pre-Trial Intervention (PTI) program. However, on the day of the sentencing, the complaining witness protested that the arrangement was not sufficient. As a result, the prosecution withdrew the offer and decided to pursue a conviction. Undeterred by this sudden setback, attorney Valcarcel quickly moved forward and requested depositions for the officers involved as well as the complaining witness. Despite being notified twice, the witness did not appear again and during Valcarcel's interview with the responding police officer, it became clear there was not enough evidence to substantiate that her client had any intent to commit theft since it could have simply been an unfortunate mishandling of money in a busy environment. In the end, the entire case was dismissed and her client avoided a devastating theft conviction without needing to participate in the original PTI option.

In Sarasota, a group of young people was recently approached by the police for smoking marijuana. One of the individuals arrested was a 20-year-old woman and she suddenly found herself charged with possession of marijuana. This offense is a misdemeanor in Florida and carried the possibility of a year in jail and a fine of up to $1,000 in addition to a smear on her otherwise clear criminal record. As a college student, the woman knew that any such blemish could seriously impact her educational opportunities, so she contacted Sarasota criminal defense lawyer Erika Valcarcel to pursue the best possible outcome. Attorney Valcarcel utilized her considerable knowledge in this field to facilitate a resolution as quickly as possible. After negotiating with the prosecution, attorney Valcarcel secured her client’s placement into a Pre-Trial Intervention program. This allowed the woman to participate in a drug diversion class and some community service. Once the program is completed, this would result in the dismissal of her marijuana possession charge. This spared her from a restrictive drug conviction on her record and she could complete her college applications without worry.

When a young man in his 20's was recently charged with marijuana possession in Sarasota County, he was obviously worried and knew that the impact could be severe. Since this is considered a first-degree misdemeanor, if he was convicted he could face some time in jail and a $1,000 fine in addition to earning a mark on his criminal record and a one-year driver's license suspension. While the young man did not want to experience any of these harsh penalties, it was particularly important to him to preserve his ability to drive. This led him to Sarasota criminal defense lawyer Erika Valcarcel, who began working to protect her client's interests. During discussions with the prosecution, it was apparent that the state wanted to pursue a conviction and probation. Not satisfied with the result, which would still require the loss of her client's license, attorney Valcarcel persisted and fought for the best possible outcome, In the end, attorney Valcarcel negotiated for the young man to keep his license and simply pay a fine.

Sometimes, when police respond to calls for assistance, emotions can run high on both sides and this hectic atmosphere can, unfortunately, result in law abiding citizens being charged with life-altering crimes. If you are ever caught up in such a regrettable situation in the Sarasota area, it is essential that you reach out to a veteran Sarasota criminal defense attorney, like Erika Valcarcel, who has extensive experience dealing with the various Florida court systems and can help you achieve the best possible outcome. Not long ago, a self- employed woman from Sarasota called the police for a domestic incident, but the matter was resolved prior to the officers’ arrival. After explaining that their services were no longer necessary, the woman requested that they leave her property. Apparently, they did not disperse quickly enough and in frustration, the woman turned on her garden hose and proceeded to water her lawn, getting the officers wet. Believing her actions were aggressive in nature, the officers on the scene attempted to arrest the woman, which further aggravated her. When all was said and done, the woman’s inappropriate response led to being charged with a third-degree felony of battery on law enforcement as well as a resisting arrest with violence, which exposed her to the possibility of a five-year sentence in addition to a felony conviction appearing on her record. The woman was immediately remorseful for her actions and as a business owner, she knew that even if she avoided jail, a violent felony conviction would cause irreversible financial harm. Therefore, she decided to consult with a highly skilled Sarasota violent crimes lawyer to review her available options to deal with her battery and resisting arrest charges. Attorney Erika Valcarcel met with her client to go over her case, and once retained, she reviewed all the available evidence to craft a strong defense. It was clear to attorney Valcarcel that there were obvious discrepancies between the officers’ statements regarding the incident and she ultimately used these conflicting reports as leverage in her negotiations. During her discussions with all those involved, she not only highlighted these inconsistencies but also appealed to the overall appropriateness of the charges against her client. This argument proved effective for her client and resulted in the dismissal of the more serious felony battery of law enforcement charge and the reduction of the resisting arrest with violence offense to a relatively minor offense of resisting arrest. While she would need to serve a term of probation and participate in a mental health evaluation, the client took great comfort in the fact that this result not only removed her fear of imprisonment but also her anxiety over a permanent felony conviction for a momentary lapse in judgment.

If you accumulate several traffic offenses in Florida, you will probably be subjected to a suspension of your driving privileges. If you are then caught driving while that suspension is effective, you will likely face an extended loss of your license among other serious consequences. When this occurs, you’ll need an experienced and very capable Sarasota traffic lawyer to help protect your driving record and hopefully restore your ability to drive. For example, a 50-year-old gentleman was recently pulled over in Sarasota and ticketed for a driving under suspension charge. As an immigrant to this country, this situation placed him in a very precarious position because while his immigration issues prevented him from having a valid license, once this was cleared up, he did not want to carry a driving under suspension conviction on his record or possibly become labeled as a habitual traffic offender. Worried about such a ramification, the man reached out to Erika Valcarcel based on her skill in defending clients in traffic cases. Attorney Erika Valcarcel meticulously reviewed the man’s driving record and in short order discovered the officer actually issued an inappropriate violation. Essentially, the man had previously been issued some traffic tickets that promoted a suspension from the Department of Motor Vehicles (DMV), despite the fact that because of his immigration status he was not eligible for a license in the first place. Furthermore, attorney Valcarcel revealed that because of a DMV clerical error, he was actually ticketed twice for the same infraction and the suspension was issued by mistake. By presenting these findings on her client’s behalf, the court amended the infraction to a more appropriate offense of driving without a valid license, which only required the payment of a fine and removed the client’s worry about a habitual offender classification. In the end, and due to attorney Valcarcel’s adept representation, the man was pleased to pay this fine and be allowed to move forward with his immigration issues so he can gain a valid driver license.

Previously, Sarasota criminal defense attorney Erika Valcarcel effectively handled a very serious felony DUI case for a woman, which resulted in a drastic reduction to a misdemeanor offense and a term of probation in lieu of some dreadful potential consequences. Eventually, this individual was found to have violated the terms of her probation by leaving the county without permission and again was arrested for public intoxication. With this type of probation violation, which was also alcohol related there was not a lot of sympathy from the court and she was denied a bond that required her to remain in jail pending a resolution. Based on the dire nature of her circumstances, which included the likely possibility that she’d be incarcerated for the remainder of her one-year sentence, the woman knew that she needed strong legal representation and once again, called upon the services of Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Erika Valcarcel immediately set to work and began discussing the situation with her client’s probation officer prior to the completion the officer’s sentencing recommendation. By highlighting the woman’s clear substance abuse history and her sincere desire to seek help, attorney Valcarcel negotiated to reinstate the woman’s probation instead of incarceration with the added condition that she complete a 28-day residential alcohol treatment program. Due to Valcarcel’s impressive ability and experience with sentencing guidelines and probation procedure, her client was able to return home as well as get the assistance that she needed instead of spending considerable time in custody.

Recently, Sarasota criminal defense lawyer Erika Valcarcel assisted a woman in Hardee County when some very serious charges put her criminal record and her freedom in jeopardy. In order to separate herself from the residents of a shared home, the woman in question moved into a trailer on the rural property; however, it was not far enough. Eventually, police officers executed a warrant for the residence, which also included the trailer and some marijuana was discovered. While a marijuana possession charge is significant for anyone as a first-degree misdemeanor, punishable by up to a year in jail, the woman’s problems were compounded by the officers’ allegations that she attempted to conceal the marijuana by putting it down the sink during the search. This consequently resulted in an additional charge of tampering with evidence that could potentially send her to jail for a total of five years. This woman, who had no prior criminal history and some significant medical issues was desperate for help and eventually came to the experienced legal professionals at Erika Valcarcel, Criminal Defense Lawyer, P.A. for a consultation. After thoroughly reviewing the circumstances surrounding the incident and by getting to know her client personally, it was clear to attorney Valcarcel that this woman was using the marijuana to treat her medical issues. While Florida does not permit the legal use of medical marijuana like many other states, attorney Valcarcel believed that this contributing factor was important and should be brought to light. Therefore, she zealously negotiated with the prosecution and despite the additional felony tampering charge, the prosecution relented and agreed to enroll her client in a pre-trial intervention program. As such, this client’s wise decision to choose a compassionate and knowledgeable criminal defense attorney, like Erika Valcarcel, saved her from any time behind bars and after completing some required drug diversion classes and treatment, all the charges against her will be dismissed, and she will eventually be eligible for expungement.

Few situations are as emotionally charged or complicated as those involving claims of domestic violence and there are times when further investigation is necessary. In situations where the responding police officers cannot make a judgment regarding arrest, they can leave the decision to file criminal charges up to the prosecution; however, this can lead to lingering accusations and fear of imminent legal troubles. Some time ago, a man in his 40’s became embroiled in a family argument, where his brother’s significant other accused him with battery, which is a misdemeanor level offense. If convicted of battery, this could result in probation or up to a year in jail. In this particular scenario, the police passed the case off to the prosecutor, but when a timely decision wasn’t made, the man became anxious and reached out to the experienced Sarasota criminal defense attorneys with Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Erika Valcarcel took the man’s case and began an independent investigation that included collecting photographs and video evidence. Upon review, it became apparent that the version of events that the alleged victim conveyed to authorities was not possible. Attorney Valcarcel presented these findings to the prosecution and effectively argued that if the state moved forward with a battery charge, they assuredly could not prove guilt beyond a reasonable doubt. In light of this evidence, the prosecution agreed and declined to file charges against her client. The man was very pleased to expedite the outcome of this case, saving his criminal record and reputation from unnecessary harm.

Not long ago, a woman in Manatee County found herself in a very precarious legal position after she was stopped and subsequently charged with petty theft for shoplifting from a grocery store. While dealing with a misdemeanor theft charge would be significant trouble for anyone, this woman’s problems were compounded because she was also still serving a term of probation for a previous felony grand theft conviction. This new theft charge constituted a potential probation violation and if convicted, she could be sentenced to significant time behind bars. Based on the dire nature of her circumstances, she knew that she needed strong representation and contacted the criminal defense lawyers at Erika Valcarcel, Criminal Defense Lawyer, P.A.. Once retained by her client, Attorney Erika Valcarcel began discussing the case with the assigned prosecutor, who initially wanted the woman to serve time in jail because this new theft-related crime was similar to the offense she was serving probation for. During meetings with her client, attorney Valcarcel was made aware that she had recently been treated for cancer, had lost her husband the same year, and was the primary caregiver for two children with special needs. In addition to these hardships, at the time of her recent arrest, the woman was also taking medications, which may have diminished her capacity to think clearly. In an effort to reduce the impact of this probation violation, attorney Valcarcel instructed her client to complete the remaining terms of her grand theft probation, while the petty theft charges were still pending. This required her to perform some community service and theft diversion classes. Once her client completed theses terms and showed a good faith effort towards meeting her responsibilities, Valcarcel provided the prosecution with all of her client's other mitigating factors, arguing that she needed to treat her illness and remain home with her children. In the end, the prosecutor agreed to forgo a jail term in favor of her client serving one year of community control or house arrest. By being spared from any time in jail, the woman was relieved to remain with her family and continue treating her medical issues.

When authorities are called to a domestic dispute, and due to a usually chaotic environment, authorities sometimes misunderstand the circumstances and law abiding citizens can find themselves being needlessly charged with crimes. When this happens, it is critical that you consult with a knowledgeable criminal defense attorney, who can help navigate the complex criminal process and work to set things right. Recently, a Sarasota woman’s disagreement with her boyfriend became heated and police were ultimately called. While the officers were on scene, the boyfriend attempted to quell any legal problems for his long-time girlfriend; however, the police determined that she should be arrested on battery charges. Since this charge is considered a first-degree misdemeanor, punishable by up to a year in jail, the woman and her boyfriend became very worried and decided to consult with a legal professional to go over their options. This led the couple to Erika Valcarcel, Criminal Defense Lawyer, P.A., where attorney Erika Valcarcel met with them to discuss the situation. During their consultation, it became clear that the boyfriend did not want to pursue any criminal charges against his girlfriend and in fact, the police did not have the whole story regarding the incident. Therefore, in an effort to alleviate the woman’s legal worries, attorney Valcarcel prepared a waiver of prosecution form, which indicated that the situation was misinterpreted, the boyfriend was not in fear of the defendant, does not want to testify, and does not want to proceed with any criminal proceedings. Once this document was completed and notarized by the boyfriend, it was presented to the prosecution. After it was reviewed, the state attorney decided that the battery charge should not be filed. This gave the couple a great deal of comfort and because their immediate and proactive decision to retain an attorney, the two could move past this incident with little inconvenience and no lasting criminal consequences.

In the Sarasota area, most people would probably consider driving to be a necessity. Whether driving is part of your job or you are simply trying to get around town, serious problems can arise if you drive while your license is suspended, as a young man recently learned. After a long history of traffic offenses, including a previous conviction for driving under suspension led to the current loss of his driving privileges, the man was pulled over again and charged with driving under a suspended license. Not only is this a first-degree misdemeanor that can include jail time, but additionally, if an individual is convicted of driving under suspension three times within a five-year period, that person will be classified as a habitual traffic offender, which requires suspending that person’s license for five years. If this was not a severe enough ramification, if someone is convicted of driving during this five-year period, the offense is considered a felony and harsher penalties will result. The young man obviously wanted to avoid another conviction that could lead to this habitual offender classification or any potential time in jail, so he retained the services of Erika Valcarcel, Criminal Defense Lawyer, P.A. to review his available legal options. Attorney Erika Valcarcel reviewed the traffic code and zealously represented her client, advising him on how to proceed. Under attorney Valcarcel’s direction, the man was able to restore his driver’s license prior to appearing in court to address the driving under suspension charge. After presenting the man’s valid license to the presiding judge, attorney Valcarcel negotiated to have the current charge amended to a lesser offense of driving without a valid license. By agreeing to this charge, the man would no longer face any time in jail and it could not be used to classify him as a habitual offender. In the end, the man only had to pay a small fine and perhaps more importantly, he was able to move on from the experience with a valid driver license.

If you find yourself accused of a crime, it is important to find a knowledgeable Sarasota marijuana charges attorney to protect your rights and advocate for the best possible result. This experience recently aided a young woman after she was pulled over for a routine traffic stop, but subsequently found herself charged with possession of a small amount of marijuana. A marijuana possession offense is a first-degree misdemeanor, punishable by a possible jail sentence or a 12-month term of probation. With a good job and no prior criminal history, the young woman wanted to avoid any time in jail or the complications associated with having a drug conviction on her record; therefore, she reached out to Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Erika Valcarcel used her ample understanding of Florida drug charges to effectively negotiate for her client and successfully had the young lady admitted into a drug diversion program, which includes a drug evaluation, and after completing some community service, the marijuana possession charge would be dismissed. On account of attorney Valcarcel’s representation, her client was able to move past this incident without the trappings of a drug conviction. Furthermore, the client was pleased to learn that after the diversion program, she’ll also become eligible for an expungement, essentially removing the incident from her record.

Recently, a young man, who was visiting Sarasota was stopped by police while he was driving and ultimately cited for having an expired driver license, which is considered a criminal traffic offense as a second-degree misdemeanor. The man did not want to see his driving or criminal record tainted with this citation, so upon learning of the charge’s seriousness and the considerable cost involved with returning to the area, the man consulted with experienced traffic attorney Erika Valcarcel. With extensive knowledge of traffic law and procedure, attorney Valcarcel advised her client that this matter could be handled without him returning to Sarasota. She accomplished this by waiving her client’s appearance in court and filed the necessary paperwork allowing the matter to be resolved without his presence. In the end, she successfully negotiated for the man’s enrollment in a Pretrial Intervention (PTI) Program for traffic violations, and after paying a small fine, the charge of driving with an expired license would be dropped. The client was very pleased with this outcome, which diminished the criminal traffic charge's consequences without needing to appear in court.

Not long ago, a young father became involved in a tough, but easily relatable situation that unfortunately led to criminal charges, when he took his wife and their two young children to the beach. Their family outing was quickly interrupted by a religious group that was using the popular destination as an opportunity to preach through megaphones. Evidently, the group’s message included some sensitive topics that began upsetting the man’s small children, and in an effort to protect them, he asked members of the group to tone down their fire and brimstone sermon, but they refused. After they declined his request, a small tussle ensued, which led to one of the group’s megaphones being smashed on the ground, and the man found himself charged with battery. The man was rightfully concerned because battery charges are considered a first-degree misdemeanor and if convicted, he’d face a possible jail sentence or probation in addition to having a permanent criminal record. The man did not want to see this transgression complicate his and his family’s lives any further, so he contacted a Sarasota criminal defense attorney with Erika Valcarcel, Criminal Defense Lawyer, P.A. for suitable representation. Attorney Erika Valcarcel began working on the man’s behalf and after discussing the case with the assigned prosecutor, it became apparent, the prosecutor’s office wanted to pursue a conviction and a term of probation as the man’s penalty. Not believing this was appropriate considering the man’s history or the circumstances surrounding the incident, attorney Valcarcel continued negotiations and effectively convinced the prosecution to agree to dismiss the battery charge based on his completion of a Pretrial Intervention (PTI) Program, a community service requirement, and a one-day anger management class. Once these conditions were met, the man was also happy to learn that he’d become eligible for a total expungement of the battery charges, allowing him to easily move on after this incident without permanent harm being done.

After a night out with some friends turned into a scuffle outside of a local club, the police were called and charged a 21-year-old man with misdemeanor offenses of obstruction and disorderly intoxication when he attempted to flee the scene. The young man was already on probation for a previous battery conviction and these new charges would constitute a probation violation. If convicted of these new charges, he could potentially serve a one-year sentence for the earlier battery case, in addition to the 14-months he faced for the obstruction and disorderly charges. Nervous about such a lengthy sentence, he knew that he needed strong legal representation and retained the services of Erika Valcarcel, Criminal Defense Lawyer, P.A.. Attorney Erika Valcarcel consulted with her client and it became clear that the young man was a hard worker with two jobs and came from a loving family, but his ongoing mental health and substance abuse issues directly contributed to his legal troubles. Valcarcel began discussions with the prosecutor’s office and arranged for her client to participate in counseling as well as drug and alcohol treatment. Then attorney Valcarcel negotiated to have the probation for the prior battery conviction lifted. This removed the fear of the probation violation and the client agreed to a new 12-month probation period to cover the new charges. This was an outstanding result for the client, who was free to get the genuine help he needed to treat his illness without worrying about serving time.

Recently, the internet has become flooded with questionable deals to make easy money and not long ago, attorney Erika Valcarcel aided a man that fell victim to an unscrupulous offer that left him in serious legal trouble. Apparently, the 42-year-old manufacturing worker made contact with an individual on backpage.com, who purported to be with a legitimate insurance company. The individual offered to send the man a rebate check that he would need to cash on behalf of the company, keeping a portion of the funds for himself. The man went to the bank, but instead of receiving the money, he was arrested and charged with a third-degree felony of uttering a forged instrument. This is a check fraud offense, carrying a maximum penalty of five years in prison. While the man should have had the foresight to know this was not a legitimate transaction, he certainly did not want to serve time in jail or have a conviction for a crime of dishonesty follow him on all his future employment and financial applications. Therefore, he called on Erika Valcarcel, Criminal Defense Lawyer, P.A. for help navigating the situation. Attorney Valcarcel began working on her client’s case and met with the prosecutor, who initially wanted to pursue the felony conviction and house arrest. During negotiations, Varcarcel argued that her client was duped into acting as a patsy in an internet scam and the other party was much more culpable. The prosecutor eventually agreed with her argument and acquiesced to permit her client’s enrollment in the Pretrial Intervention Program (PTI), which allows for a dismissal of the charges after completing some community service. In the end, the client was pleased to learn a life lesson, rather than paying for a lapse in judgment with time in jail or a looming check fraud conviction.

A 56-year-old man responded to a request for general contracting work on a home in Manatee County when he became ensnared in a joint sting operation between the Florida Department of Financial Services and the Manatee County Sheriff’s Department. The man’s sole employment was through his handyman services and because the operation targeted unlicensed contractors, he was charged with a third-degree felony of failure to obtain worker’s compensation insurance and a misdemeanor charge of being an unlicensed contractor. The man had no prior criminal history and since his only desire was to earn a living, he was obviously troubled by the possibility of serving time in jail for these offenses. Unsure of how to handle the situation, he reached out to attorney Erika Valcarcel for legal guidance. In an effort to help her client, attorney Valcarcel began negotiations with the county prosecutors. Varcarcel explained that the man had no intent to deceive anyone as an unlicensed contractor and he merely did not know about the requirement to have a license or carry this type of insurance. The prosecutors did, in fact, take this and his previously clean record into account and agreed to a Pretrial Intervention Program (PTI). Upon completion of the PTI diversion program and some community service, the charges against him will be dropped, allowing him to move on and correct the issues that would limit his chosen profession.

Previously, attorney Erika Valcarcel represented a 60-year-old woman from Sarasota County after being charged with a 2nd-degree felony leaving the scene of an accident with serious bodily injury. This prior case resulted in house arrest and probation instead of prison; however, she was recently charged with violating the terms of her house arrest by leaving her home. With this sort of violation, a person is typically unlikely to receive a bond allowing them out of jail pending trial. Considering the lack of bond and the seriousness of this new charge, the woman was facing a lengthy prison sentence, so she again called upon the legal services of criminal defense attorney Erika Valcarcel. The client’s court date was originally scheduled for a month away, but Attorney Valcarcel secured an earlier court date to avoid any unnecessary time in jail and argued that mitigating circumstances relating to her violation should be considered. Specifically, her client had not left her home for a frivolous reason, rather she was needed at work at an unscheduled time. The court took this fact into account and resolved the issue by issuing that the client return to house arrest with the added condition of an electronic ankle monitor. The client was pleased to return home instead of spending considerable time in prison.  

In Venice, Florida a man in his 30’s was greatly inconvenienced after being charged with trespassing for entering the grounds of a property he was interested in renting. The prosecutors with the State Attorney’s Office wanted to move forward with the case and offered probation and a fine as a penalty; however, the man claimed that he was not guilty of trespassing. To review his options, he sought out the legal representation of Attorney Eika Valcarcel. Attorney Valcarcel took responsibility for handling his case, who quickly obtained a continuance to review the evidence and prepare for a trial. During the investigation, Valcarcel’s office took photographs of the sign and the property in question and determined the “No Trespassing” sign did not meet the standard size and visibility guidelines; therefore, Valcarcel effectively argued to have the trespassing charges dropped. This was a great result for the client, who was now free to move on after this incident.

A Sarasota man in his late 30s was facing a 3rd-degree felony resisting and obstructing an officer with violence charge. The man, a construction worker in the area, was facing significant jail time up to five years if convicted of this serious charge. Attorney Erika Valcarcel took responsibility of handling his case. Valcarcel represented her client with a strong defense and was successful in her negotiation attempts. Our client saw a reduced sentence including a 1st-degree misdemeanor resisting and obstructing an officer without violence, 2nd-degree misdemeanor driving on a suspended license and 2nd-degree misdemeanor failure to change motor vehicle registration. However, after a favorable outcome, our client was not sentenced to any jail time or probation and only paid court costs. Our client essentially missed five years in jail.

A 50-year-old retired man from Bradenton, Florida of Manatee County was charged with aggravated assault, a 3rd-degree felony, carrying the potential of five years in prison. His arrest came after he allegedly pointed a firearm at his neighbor during a dispute. Relying heavily on Sarasota attorney, Erika Valcarcel, the man called her to handle the implications of his case. During the altercation, the neighbor’s pit bull went after our client, who was seen backing away from the situation the entire time. It was apparent to attorney Valcarcel that our client was only acting in self-defense. Utilizing the events of this situation, Valcarcel was able to negotiate with the prosecutor, arguing the neighbor was the primary aggressor, and asked that the charges be dropped. As a result, no criminal charges were filed against our client.

A Sarasota woman in her 30s was recently alleged to have taken items from a clothing store. As a result, she was facing a 2nd-degree misdemeanor petty theft charge with six months of probation or 60 days in the county jail. A conviction of this magnitude would prove difficult to accept any position with a potential employer. Concerned about her future, she called upon the services of experienced Sarasota criminal defense attorney Erika Valcarcel. As a first time offender, attorney Valcarcel saw an opportunity to enter into a pretrial intervention program and made the request on behalf of her client. After successful admittance into the program, our client went through a three-month period of supervision, took a class, and participated in community service. Our client successfully completed the course requirements and the case in its entirety was dismissed against her. She will not see any adverse effects as a result of this one-time mistake.

We recently represented a client involved in a Sarasota, Florida undercover police sting. Our client, a 30-year-old man, was charged with traveling to meet a minor for sexual purposes after allegedly soliciting the minor through an online Craigslist ad. The man had his own business and was uneasy about a potential prison sentence and the fate of his business. Attorney, EriKa Valcarcel reviewed the pending case against her client. The state's attorney wanted our client to be sentenced to six years in prison based on the magnitude of this charge but came down to four years after intense rounds of negotiations. During an open plea, attorney Valcarcel brought in community members to testify on his behalf as well as an expert to determine his lack of risk for reoffending upon reentering society. As a result of a successful sentencing hearing, our client received an 11 month and 29-day county jail sentence, an astounding result.

A man in his 50s from North Port, FL was facing up to one year in jail following a 1st-degree misdemeanor battery charge. Unwilling to accept anytime in jail, the man reached out to Sarasota County criminal defense attorney Erika Valcarcel to see how she could help mend this situation. Although our client had no priors, he was still facing substantial penalties if convicted. Attorney Valcarcel responded in a prompt and zealous manner by reviewing the facts of her client’s case. Valcarcel was able to speak with the neighbors and members of the surrounding community regarding the alleged victim’s past. There were no witnesses except for a few children. This case carried a lot of reasonable doubt. However, through careful depositions, attorney Valcarcel was able to get the man's battery charge reduced to a trespass charge. Our client saw a small fine and was not given any probationary terms.

A 60-year-old woman from Sarasota County was charged with a 2nd-degree felony leaving the scene of an accident with serious bodily injury. In the state of Florida, a charge of such a nature carries the potential of up to 15 years in prison. Realizing the severity of her charge, the woman retained the legal services of Sarasota County criminal defense attorney Erika Valcarcel. Our client was clearly worried about a 15-year prison sentence. To combat the pending prison sentence, attorney Valcarcel used various mitigation tactics. Attorney Valcarcel presented evidence of her client's community involvement, volunteer efforts, and willingness to make restitution in negotiating with a non-jail sentence with the prosecutor. With house arrest and probation, our client received no jail time in this serious charge against her.

When a Florida man found himself facing potential conviction for a first-degree felony child abuse charge, he knew he needed the help of an experienced child abuse lawyer in Sarasota, so he retained the help of Erika Valcarcel. Attorney Valcarcel quickly got involved and began looking into her client’s situation. She obtained documents from her client’s counseling and anger management sessions that showed that the parents were doing everything they could to improve their situation. As a result, the state agreed to file a charge for child abuse without great bodily harm - which is a third-degree felony. The only penalty the client incurred was a probation offer to continue his counseling. In addition, he received a withhold of adjudication, which prevented a felony conviction from appearing on his record.