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If you have been accused of a crime, you need an experienced and knowledgeable lawyer on your side. With over 50 years of collective experience handling criminal cases, our attorneys have the legal expertise to help you achieve the best possible outcome in your case.
Mowrey Law Firm represents clients facing a variety of criminal charges throughout St. Johns, Putnam, Flagler, and surrounding counties in North East Florida. No matter what type of criminal charges you face, you need a criminal defense lawyer who will pursue your case vigorously, explore all avenues for minimizing or avoiding penalties, and keep you informed of the status of your case. At Mowrey Law Firm, you receive personalized and dedicated representation. We will use our inside knowledge of the Florida criminal justice system to do everything possible to protect your rights and fight for your legal interests.
Call 904-824-7799 to schedule your free consultation today.
HAVE A FORMER PROSECUTOR DEFEND YOU!
When hiring a criminal defense attorney, extensive experience in investigating, preparing, and trying criminal cases is imperative. As former St. Johns County prosecutors, Rebecca Emert and Dan Mowrey have handled thousands of criminal cases from both sides of the law. They now use the knowledge, expertise and relationships they gained as prosecutors to achieve the best possible outcome for their clients. For more information, we encourage you to visit Rebecca Emert’s and Dan Mowrey’s personal biography pages.
Hiring a former prosecutor gives you a critical advantage.
Knowledge from Both Sides of a Criminal Matter
Former prosecutors have a comprehensive understanding of the entire criminal process. Defense lawyers who never worked as prosecuting attorneys can only guess what goes on in the mind of a prosecutor. Our criminal defense attorneys understand how current prosecutors collect evidence, determine the charges to bring, and build their cases for trial. Our attorneys will apply that knowledge to your case to expose the weaknesses in the prosecution’s evidence and thus strengthen your defense.
Extensive Courtroom Litigation Experience
Trial skills and experience are the backbone of every elite criminal defense attorney, yet many lawyers rarely set foot inside a courtroom. As former prosecutors, our lawyers have tried hundreds of criminal trials and will be prepared and qualified to defend your case in trial, should there be a need.
Reputation
Criminal defense lawyers who are former prosecutors have spent years developing relationships with judges, court clerks, law enforcement officers, and other prosecutors. Dan Mowrey and Rebecca Emert have a courthouse reputation for their skilled, aggressive, and experienced criminal trial work. With an established reputation as a trial lawyer, everyone knows to take such a lawyer seriously.
Why is reputation so important? Criminal defense lawyers who avoid trials are well known in the legal community. Prosecutors are likely to make fewer concessions because they know that timid lawyers will always encourage their clients to plead so they can avoid trying the case. With a courthouse reputation for skilled, aggressive, experienced criminal trial work, prosecutors know that Dan Mowrey and Rebecca Emert are willing to take any case to trial if it is in their clients’ best interests.
Trust Mowrey Law Firm for the extensive trial experience and in-depth knowledge you need. Call (904) 824-7799 to schedule your free consultation today.
DUI DEFENSE
If you or someone you know has been arrested for driving under the influence (DUI), it is essential that you reach out to an experienced lawyer right away. At Mowrey Law Firm, our seasoned defense lawyers know what is at stake in these types of cases, and we are equipped with the resources and strategies you need to protect your rights and driving privileges.
Call 904-824-7799 for Your Free Consultation.
FLORIDA’S DUI LAWS
In Florida, a driver can be arrested for DUI if he or she is impaired by alcohol or drugs. A DUI arrest will cause two separate cases to be initiated against you. The State Attorney’s Office will file criminal charges against you, and the Department of Highway Safety and Motor Vehicles (DMV) will initiate civil proceedings against you that will impact your driver’s license.
Only A 10 Day Window to Get License Restored
Timing is extremely important in DUI cases. You must contact the DMV within 10 days of your arrest date to apply for a hardship license. There are no exceptions. If you depend on your ability to drive for employment, health or family reasons, don’t procrastinate. After 10 days, the opportunity is gone and you may be without a license for months.
Criminal Penalties
DUI is a serious crime that can be prosecuted as a misdemeanor or a felony offense. The specific criminal penalties you face will be largely determined by the facts of your case and whether you have any prior DUI convictions. The consequences can include
Additionally, regardless of whether this is your first or subsequent conviction, the penalties you face can increase if any aggravating factors were present at the time of the offense. Aggravating factors in a DUI matter include, but are not limited to:
Defenses Against DUI Charges
When it comes to figuring out your best defense against a charge of drunk driving, the experienced attorneys at Mowrey Law Firm will examine every detail of your case to determine the best course of action. We will thoroughly review the circumstances of your DUI arrest to determine, among other things, whether the police had probable cause to stop you, whether the field sobriety tests were properly administered, whether the breath and chemical tests were appropriately administered, and factors such as prescription drugs or health conditions that may affect your driving and test results. The information gathered during these investigations could make the difference between a dismissal or reduced charges. At Mowrey Law Firm, we know how to advocate for the best outcome for your individual case.
Call 904-824-7799 for a Free Consultation
DHSMV Administrative Penalties
In addition to the criminal penalties, if you are arrested for a DUI your driver’s license is subject to a DHSMV Administrative Suspension. This suspension is imposed if, after your DUI arrest, you either (1) submitted to a breath, urine or blood test and your blood alcohol level (BAC) was found to be .08 or higher; or (2) refused to submit to a breath, urine or blood test (DUI refusal).
If you submitted to a breath, urine, or blood test and your BAC was found to be .08 or higher, your license will be administratively suspended for a period of 6 months. For a first-time DUI refusal your license will be administratively suspended for a period of 12 months. For a second or subsequent refusal, your license will be suspended for a period of 18 months and you are not eligible for a hardship/business purposes only license.
The Administrative Suspension begins on the day you are arrested. The police will take your driver’s license and send it to the DHSMV. You will be provided with your DUI citation which acts as a ten-day, unrestricted driver’s license. This temporary driving permit expires at midnight on the 10th day following the date of your arrest.
You must act quickly. You only have 10 days to either request a formal review hearing to contest the suspension, or to waive your right to a review of the suspension and receive a hardship license right away.
No matter what type of DUI charges you are facing, it is important to have an experienced attorney on your side. At Mowrey Law Firm, our attorneys can assist you with both the criminal and administrative aspects of your case and will explore every possible option to obtain the most favorable outcome on your behalf.
Call 904-824-7799 for a Free Consultation
Florida law breaks crimes down into two different categories: misdemeanors and felonies. A felony is a criminal offense that is punishable by imprisonment in a Florida state prison for longer than one year, whereas a misdemeanor is punishable by up to a year in the county jail. Some common misdemeanors include:
Even though misdemeanors are less serious than felony charges, you should not take them lightly. A misdemeanor conviction can still have a devastating impact on your life. At Mowrey Law Firm, our attorneys understand how serious a misdemeanor offense can be. Contact our firm today at 904-824-7799 for assistance with your misdemeanor charge.
Felony charges are the most serious offenses someone can be charged with. A crime will be categorized as a felony or misdemeanor depending upon the potential penalties that the defendant may face if convicted. Florida has five main classifications of felonies:
The capital felony designation is reserved for the most serious offenses, whereas the third-degree designation is for the least serious. The following are some examples of felony offenses in Florida:
At Mowrey Law Firm, our attorneys are experienced with handling a broad range of criminal offenses, including serious felonies, and can provide advice and guidance throughout the process and ensure that your rights are protected.
To obtain an understanding of your charges as well as the penalties you are facing, contact our firm today at 904-824-7799.
If your child has been arrested or detained for a criminal offense, he or she may face incarceration as well as the possibility of having a juvenile record. The consequences of a juvenile crime conviction are far-reaching and can have a tremendous impact on your child’s future as educational and employment opportunities may be negatively affected. It is important to consult an attorney as soon as possible.
If your child has been arrested, contact the Mowrey Law Firm at 904-824-7799 for aggressive and compassionate representation.
WHAT TO EXPECT IN THE JUVENILE JUSTICE SYSTEM
Being arrested can be a very frightening and confusing experience, particularly for a child. Understanding the legal justice system and what to expect can help both parents and children be prepared for every step of their case.
This is just an overview of what is a fairly complex juvenile justice system. Our Florida Criminal Defense Attorney can answer any further questions you or your child may have, and help you prepare for each step of the process.
CHARGING A CHILD AS AN ADULT
The prosecutor has the discretion in felony cases to charge the child as an adult. For children under 14 years old, the prosecutor will usually have the grand jury charge the child by indictment.
If the child is over 14 years old, the child may be charged by indictment (usually if the crime is punishable by life in prison or death). The child may also be “transferred” to adult court through a process called waiver, which requires a hearing. Or the prosecutor may choose to directly file the case in adult court, without a hearing, at the prosecutor’s discretion.
If the child is over 16, state law provides that the child be tried as an adult for some crimes. There are no exceptions to this rule, and the prosecutor has no discretion.
If the child pleads guilty or is sentenced in an adult court, he will be tried as an adult for any future crimes he commits.
If your son or daughter faces any type of criminal offense contact Mowrey Law Firm today by calling 904-824-7799.
For many people charged with crimes, the scariest part of the experience is not understanding the process. We want our clients to fully understand each step of the legal process and will work with you to implement a defense strategy from the beginning.
Arrest or Notice to Appear
The criminal process can begin in two separate ways in Florida. After an alleged crime, a person can be arrested or be issued a notice to appear. Florida law authorizes law enforcement officers to make an arrest if they witness you committing a crime, if they have probable cause to believe that you committed a crime, or if you have an active arrest warrant.
First Appearance
If you are arrested and unable to post bond, you are entitled to appear before a judge within 24 hours. At First Appearance, you will be informed of the charges for which you were arrested, you will be advised of your rights, and in most cases you will be given a bond.
Arraignment
At arraignment you will be formally advised of the charges filed by the prosecution. This is where the judge formally addresses the charges against you and asks you how you wish to plea to the charges. Most people enter a not guilty plea at this early stage in the process so they have time to review the evidence and talk to a criminal defense attorney about their case and best options. If you plead guilty or no contest at arraignment, you are giving up their right to fight the case or try to achieve the best result. If you have hired an attorney prior to the arraignment date, you could have the option to waive the arraignment. If your attorney files written pleadings on your behalf, you do not have to physically show up to court. If you have not hired an attorney, then you must appear at arraignment or the judge will issue a warrant for your arrest.
Discovery
The discovery process starts soon after criminal charges are instituted. Once your plea is filed following your arraignment, we will file a Notice of Discovery. Your discovery notice triggers the prosecutor’s duty to give you all evidence they’ve collected against you. Discovery under these conditions is reciprocal, so you will also need to give the prosecutor all available evidence on your end as well. The discovery process can be crucial to developing a strong defense strategy when criminal charges are filed against you. A skilled criminal defense attorney at Mowrey Law Firm can use what is learned in the discovery process intelligently and strategically to fight for your rights.
Pre-Trial Conferences
Depending on the nature of the crime and complexities of a case, the discovery process can take weeks or even months. During this time, the case will be scheduled for a pre-trial conference (or status conference). That conference is a court date that allows the judge the opportunity to make sure the case is moving forward as it should and allows the lawyers to update the judge on the progress of the case, or alert the judge to any conflicts or evidentiary issues.
Plea Negotiations
After an extensive review of the facts, evidence and law pertaining to your case, we negotiate with the prosecutor in an effort to achieve a dismissal or a plea agreement. If a plea agreement is unable to be reached, you have two options: to plead “open” to the court or to take the case to trial. If a you elect to plead open, meaning you do not have an agreement with the prosecutor, you are agreeing to no longer fight the charges and are choosing to leave sentencing completely up to the discretion of the judge. We will help you understand when it is best to accept a plea offer, plead open to the court, or take your case to trial.
Trial
Though the majority of criminal cases end in plea agreements, some cases proceed all the way to trial. At trial, the prosecution must prove the charges against you beyond a reasonable doubt. Both sides have the opportunity to give their version of events through opening statements, presenting evidence, questioning witnesses, and closing arguments. Based on the weight of the evidence, the judge or jury then decides whether or not the prosecution proved your guilt beyond a reasonable doubt.
Should your case proceed to trial, our seasoned trial lawyers will be able to put forward your best defense.
Sentencing
Should you face the court for sentencing after a trial or open plea, we prepare your argument for the most lenient sentence possible. In determining the sentence, a judge may consider the facts about your case and you as an individual. This frequently includes taking statements from the defendant, the defendant’s family and friends, victims, members of law enforcement, and other witnesses. Having an experienced criminal defense attorney could help ease the burden of the sentencing process and could be the difference between the maximum punishments and those less severe.
At Mowrey Law Firm, we have the experience necessary to help guide you through the entire process. Call our office today to get started with your free consultation.
Violations of probation violation or community control are serious offenses that put your freedom and future are at risk. Representation by an experienced attorney is a must, as judges and prosecutors will push for harsh sentencing and increased criminal penalties for probation violations.
We are here to help. Contact our firm for an immediate case evaluation.
There are a number of ways that probation may be violated. Following are some examples of potential Florida probation violations:
Probation violators who are found guilty will more than likely receive additional conditions added to their probation terms. The probation period may be lengthened or revoked and offenders could face time in jail or imprisonment. Violation of probation is a different offense than a criminal offense, since offenders may have previously been sentenced with probation. It is imperative to understand that you do not have as much protection than being charged with a new criminal offense.
The following are examples of Violation of probation prosecutions:
During the course of your cases, our lawyers will investigate every facet of your case to ensure that no element of the case is ignored. As former prosecutors, we know the other side of things, and know where to look for inconsistencies or mistakes in the prosecution’s case.
If you are accused of violating your felony or misdemeanor probation, contact an experienced criminal defense attorney at Mowrey Law Firm.
