FORMER DEPUTY SHERIFF

  FORMER STATE PROSECUTOR

  BOARD CERTIFIED CRIMINAL TRIAL EXPERT

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Criminal Defense Lawyer in New Smyrna Beach, Florida

Criminal Defense Lawyer in New Smyrna Beach, Florida

New Smyrna Beach, Florida Criminal Defense Attorney

Larry Avallone is a Board Certified Criminal Trial Attorney who is a recognized expert Criminal Defense Attorney. He is a former State Prosecutor and a former Volusia County Deputy Sheriff who knows how the local court system works from the inside.

“My experience as an Expert Criminal Trial Attorney, a former Deputy Sheriff and Former Assistant State Attorney in Volusia County is a great advantage to my clients.”

Contact Attorney Avallone to Help with your Case

Attorney Avallone is highly regarded for his diligence, knowledge, intelligence, and commitment to the rights of the accused. Avallone Law P.A. is located in downtown New Smyrna Beach, Florida, serving clients in Volusia County and the surrounding areas, including Daytona Beach, Ormond Beach, Port Orange, Edgewater, Deland and Deltona. If you have recently been arrested for a DUI, drug charge, theft or other criminal offense, call 386-682-9235 to schedule a free consultation.

Being charged with a crime can turn your world upside down. Once you are charged, it’s important to contact an expert trial attorney right away. Doing so ensures that your rights are protected. If you are facing criminal charges in Volusia County, Avallone Law P.A. can help!

We love helping our New Smyrna Beach clients to navigate the criminal justice system. Larry Avallone represents clients in zip codes such as 32168, 32169, and 32170.

Larry Avallone worked as a Volusia County Deputy Sheriff for 10 years, so he knows how law enforcement officers think. He was a State Prosecutor for 8 years and has extensive trial experience. He knows how prosecutors will try to build a case against you because he knows how they think.

Criminal Defense attorney in New Smyrna Beach, FloridaFacing a criminal charge on your own, or hiring a lawyer who does not have extensive experience and a successful track record can be a mistake that can deprive you of your freedom and have lifelong repercussions. If you have been charged with a crime, choosing the right criminal lawyer may be the most important decision you will ever make.

In Volusia County, attorney Larry Avallone is a top choice when you are facing a criminal charge. In addition to jail or prison time, a criminal conviction can prevent you from finding suitable employment, obtaining housing, qualifying for financial aid to attend college, holding public office, voting, and owning a firearm.

A DUI or driving under the influence charge can stand in the way of your ability to get to and from work, if your license is suspended.

Criminal Defense attorney in New Smyrna Beach, FloridaFacing a criminal charge can be daunting, but you should know that you have constitutional rights, including the right to counsel. The road from accusation to conviction is a long one, and with the right attorney, you have many options that can work in your favor.

If arrested, it is important to work with an experienced Daytona Beach criminal defense lawyer who can fight for your rights and give you the aggressive defense you need.

As a former Volusia County Deputy Sheriff for 10 years, I know how law enforcement officers think. As a former Assistant State Attorney for 8 years, I have extensive trial experience and knowledge of how the prosecutors will build a case against you. I know what you are facing and I am uniquely qualified to help you with your defense.

I pride myself in being available for a free consultation 24 hours a day, 7 days a week.

If you are looking for a criminal defense attorney in Daytona Beach, New Smyrna Beach, Deltona, Ormond Beach or areas surrounding Volusia County to help with your case, contact Avallone Law at 386-682-9235 to schedule your free consultation.

Practice areas:

  • Assault and Battery
  • Burglary
  • Capital Offenses
  • Civil Forfeiture
  • Criminal Appeals
  • Criminal Conspiracy
  • Criminal Defense
  • Criminal Forfeiture
  • Criminal Fraud
  • Driver’s License Suspension
  • Drug Charges
  • DUI/DWI
  • Expungements
  • Extortion
  • Extradition
  • Forgery
  • Hit and Run
  • Homicide
  • Mail Fraud
  • Manslaughter
  • Misdemeanors
  • Money Laundering
  • Parole and Probation
  • Post-Conviction Remedies
  • Search and Seizure
  • Sex Crimes
  • Sexual Assault
  • Shoplifting
  • Stalking
  • Theft
  • Traffic Offenses
  • Vehicular Homicide
  • Weapons Charges

What to expect if you are charged with a crime

Being charged with a crime can be life altering experience, but a top notch criminal defense attorney can ease the process, allay your fears, and fight for an outcome that will not impede your future.

If you are being detained on a traffic stop or other violation not requiring arrest, the police officer will write a summons for you to appear in court. You will need to appear in court on the scheduled date and time, or the judge will issue a warrant for your arrest.  If you are suspected of DUI, you will be asked to submit to a chemical test to determine your blood alcohol content.

You have the right to refuse, but if you do your license will be automatically suspended. You have 10 days after a DUI arrest to request an administrative hearing to contest the suspension of your license. The license suspension is separate from and unrelated to any criminal court proceeding.

ARREST

If you have been arrested, either at the scene of a crime or pursuant to a warrant, you will be booked at the police department or county jail.  Typically, the police will photograph you, take your fingerprints, and fill out required paperwork.

You may be held in police custody pending a court hearing, which will usually take place within 48 hours. Make a mental note of every step the police take, because your lawyer will need to make certain proper procedure was followed and that your constitutional rights were respected.

You have the right to call a lawyer, and it is essential that you do so. Do not answer any questions or volunteer any information, even if you have done nothing wrong and have nothing to hide. Do not tell your side of the story. Make your call and wait until your lawyer arrives.

COURT APPEARANCES

If you have been cited or arrested for a crime, the process begins when you appear before a judge for a first appearance. You will be informed of your rights. If you have been charged with a misdemeanor, you may enter a plea at your first appearance. If this occurs before you have had a chance to meet with your lawyer, your plea should always be not guilty.

You are entitled to a preliminary hearing where a judge will review the evidence to ascertain that there is probable cause for a charge to be filed.

Bail is set by the court to ensure your appearance at further proceedings. If you can not come up with the amount of the bail, you will need to contact a bail bondsman. Typically, a bondsman will require 10 percent down, which is not refundable, and the bondsman will post the balance. If you do not have the ability to bond out, you will have to stay in jail until your case is resolved or until your attorney can set a bond reduction hearing. Avallone Law P.A. is able to help you with that bond reduction hearing.

DISCOVERY AND PREPARATION

After the preliminary procedures discussed above, you and your attorney will learn what evidence there is against you during the discovery phase.  During this discovery phase of your case, information is exchanged between the defense and the prosecution. Your lawyer will examine the evidence, conduct a thorough investigation, and determine the best defense for you.

The discovery phase is adversarial and requires a defense attorney with a thorough understanding of the law, a quick mind, and often, the ability to think outside the box to ferret out weaknesses in the prosecution’s case. In addition, your lawyer may be able to develop an alternative theory that may cast doubt upon the State’s conclusions and could ultimately lead to dismissal.

In some cases, a plea agreement or deferred sentence may be in your best interest, but it is not to be entered into lightly because both involve a guilty plea. Discuss all the ramifications with your lawyer.

AN INNOVATIVE CRIMINAL DEFENSE LAWYER WHO CAN THINK OUTSIDE THE BOX

If you have been detained, questioned, arrested, or charged with a crime, contact Avallone Law P.A. as soon as possible to get an experienced trial attorney working on your case. Attorney Larry Avallone will protect your constitutional rights and he will advocate for the best possible outcome for you.

What you need to know when hiring a DUI attorney

The charge of driving under the influence (DUI) is an offense that has long term consequences that may affect your life and job prospects for many years to come. In order to protect yourself, you should have a Board Certified Daytona Beach DUI attorney on your side.

DUI - Avallone Law PA

An experienced DUI attorney will review the evidence against you and determine if there are defenses which may benefit your case. For example, there may be pretrial motions that can be filed such as a motion to suppress. Only an experienced attorney can spot the complex legal issues which you may be able to use to suppress evidence against you.

Another thing that a DUI attorney can do for you is that they can find substantial weaknesses in the case that the police and the prosecutors build against you. An experienced attorney knows that the intoxilyzer breath testing machine may produce subjective results depending on the circumstances.

Since a DUI charge is not a minor offense, it should not be taken lightly. Not having an experienced attorney on your team can have long lasting consequences. You will need professional help on this – a type of professional that have ample experience in dealing with such cases. Florida Bar Board Certified Criminal Trial Attorneys are recognized as experts in this field.

A DUI charge carries penalties related to your privilege to drive as well.  You should expect that your attorney will fight the department of motor vehicles to protect your driving privilege.  When facing a charge that will impact many areas of your life, you should insist on having a specialist represent you.

Most DUI’s in Florida are charged as a misdemeanor, however it really depends on the circumstances. Here is a rundown:

  • First DUI – a misdemeanor with a maximum of 6 months in jail.
  • DUI with a child in the vehicle – a misdemeanor with a maximum of 9 months in jail.
  • DUI with a breath or blood alcohol concentration (BAC) over .15 – a misdemeanor with a maximum of 9 months in jail.
  • Second DUI outside of five years – a misdemeanor with a maximum of 9 months in jail.
  • Second DUI within five years – a second instance five years of a prior conviction is a misdemeanor with a maximum of 9 months in jail.
    • (unless it is also proven that the BAC is over .15 or a child was in the car – then the maximum is 12 months in jail).
  • DUI with property damage (or non-serious personal injury) – a first degree misdemeanor with a maximum of 12 months in jail.
  • Third DUI outside of 10 years – a misdemeanor with a maximum of 12 months in jail.

On to the felonies:

  • Third DUI within 10 years – a third DUI can be charged as a felony if the third DUI arrest is within 10 years of any prior DUI conviction.
  • Fourth or Subsequent DUI – any fourth instance can be charged as a third degree felony punishable by up to five years in prison.
  • DUI with Serious Bodily Injury – a third degree felony with a maximum of five years in prison.
  • DUI Manslaughter – a second degree felony with a maximum of 15 years in prison.
  • DUI Manslaughter / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.
  • Vehicular Homicide – a second degree felony with a maximum of 15 years in prison.
  • Vehicular Homicide / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.

Learn more on the Florida Department of Highway Safety and Motor Vehicles (DHSMV) website. Be safe and choose your designated driver before you drink. Have questions or need help? Give me a call today (386) 682-9235.

Understanding the DUI Laws and Penalties in Florida

A DUI in Florida is a criminal offense, which means that you will be sentenced as a criminal defendant if you are convicted, or plead guilty or no-contest.

While there are many penalties for Florida DUIs, they are imposed by a judge and the severity may vary depending on the case. Typically, the mandatory conditions fall into probation, license suspension, impoundment, fines, and DUI school and/or treatment, whether it is your first or fourth DUI. Some cases will also include other penalties such as incarceration, community service hours, and the potential of having an Ignition Interlock Device attached to your vehicle.

Mandatory Penalties

For every person convicted of DUI, there are mandatory penalties, including probation, license suspension, car impoundment, fines, and DUI school.

DUI Penalties - Avallone Law PAFor probation, 12 months is mandatory for a DUI charge. You will have to report monthly to your probation officer and prove that you are upholding the terms of your probation. There are additional penalties if you go against the stipulations set.

For suspension, you will lose your license for a set time. If you blow a .08 or higher, you will lose your license for 6 to 12 months for the first offense, and subsequently, the time increases or you may lose your license permanently. If you are charged with DUI manslaughter, your license will be revoked regardless of the number of previous DUIs. If you refuse to take a breathalyzer test, you will lose your license for 1 year for the first offense and 18 months for subsequent refusals.

In some cases, you may be granted a business purpose only, or a hardship license that allows you to drive to work, school, or court.

For motor vehicle impoundment, the judge will impound the car you were driving for a determined amount of time. Impoundment lasts anywhere from 10 days with a first offense to 90 days for a fourth offense. If you do not own the vehicle or are not the only person who uses it, the impoundment may be waived.

Fines are imposed by the court. They are mandatory and cannot be waived. They start at $500 for a first offense and can go all the way up to $15,000 for DUI manslaughter.

DUI School is also mandatory for every case. There are two parts and two levels to DUI school. During the first DUI school, you are informed of how alcohol and other substances impact your driving. It then teaches you how to be more responsible. If you are convicted of another DUI, you go to “Level 2” DUI school, which is longer and teaches you how to deal with alcoholism. (You may also be screened by the DUI school evaluator for additional counseling.) Typically you have 90 days to complete the class, or you will have to start over again.

50 hours of community service is mandatory for the first DUI conviction. However the courts may order you to pay a fine of $10 for each hour of public service if it finds it would cause undue hardship.

Penalties You Could Face for a First DUI, Second DUI or Third DUI in Florida

DUI charges and penalties in Florida are extremely tough, and defending them successfully requires someone who has the knowledge and experience. Avallone Law P.A has the resources and skills to work with you so that you are not subject to the full extent of the penalties for drunk driving.

Penalties for DUI in Florida

There are various penalties for DUI in Florida, and they depend on factors such as who was in the car with you and whether or not you had a previous DUI. Jail time, fines, probation, classes, and license suspension are all possible penalties for a DUI in Florida. Here is a breakdown of the types of penalties you could face for a first, second, or third DUI offense in Florida.

First Offense DUI

A misdemeanor with penalties that include:

  • Up to 6 months imprisonment
  • 1 year probation (combined with imprisonment)
  • $250 to $500 fine
  • 6 months to 1 year license suspension
  • Community service (at least 50 hours)
  • Substance abuse course (DUI school)
  • Vehicle impoundment for 10 days

First Offense DUI, Enhanced Penalties

A DUI with a BAC over .15 or accompanied by a minor in the vehicle include the above penalties with these changes:

  • Up to 9 months imprisonment
  • $1000 to $2000 fine
  • Interlock Ignition Device on all vehicles for up to 6 months

Second Offense DUI in More than 5 Years

A misdemeanor with penalties that include:

  • Up to 9 months imprisonment
  • Up to 1 year probation
  • $500 to $1000 fine
  • 6 months to 1 year license suspension
  • Substance abuse course (DUI school)
  • Vehicle impoundment for 10 days
  • Interlock Ignition Device on all vehicles for 1 year

Second Offense DUI in More than 5 Years, Enhanced Penalties

A second DUI with a BAC over .15 or accompanied by a minor in the vehicle include the above penalties with these changes:

  • Up to 1 year imprisonment
  • $2000 to $4000 fine
  • 6 months to 1 year license suspension
  • Interlock Ignition Device on all vehicles for 2 years

Second Offense DUI in Less than 5 Years

A misdemeanor with penalties that include:

  • Mandatory 10 days to 9 month imprisonment
  • Up to 1 year probation
  • $500 to $1000 fine
  • 5 years license suspension
  • Substance abuse course (DUI school)
  • Vehicle impoundment for 30 days (not concurrent with incarceration)
  • Interlock Ignition Device on all vehicles for 1 year

Second Offense DUI in Less than 5 Years, Enhanced Penalties

A second DUI with a BAC over .15% or accompanied by a minor in the vehicle include the above penalties with these changes:

  • Mandatory 10 days to 1 year imprisonment
  • $1000 to $2000 fine
  • Interlock Ignition Device on all vehicles for 2 years

Third Offense DUI in More than 10 Years

A misdemeanor with penalties that include:

  • Up to 1 year imprisonment
  • Up to 1 year probation
  • $2000 to $5000 fine
  • 6 months to 1 year license suspension
  • Substance abuse course (DUI school)
  • Vehicle impoundment for 10 days
  • Interlock Ignition Device on all vehicles for 2 years

Third Offense DUI in Less than 10 Years

A third degree felony with penalties that include:

  • 30 days to 5 years imprisonment
  • Up to 5 years probation
  • $2000 to $5000 fine
  • 10 years license suspension
  • Substance abuse course (DUI school)
  • Vehicle impoundment for 90 days
  • Interlock Ignition Device on all vehicles for 2 years

Contact Board Certified Criminal Trial Attorney Larry Avallone today at 386-682-9235 to schedule a free consultation for your driving under the influence case.