BEING CHARGED WITH A CRIME IS A TRAUMATIZING AND LIFE CHANGING EVENT THAT CAN HAVE LIFETIME CONSEQUENCES.

Don't gamble with your life.  Consult with an experienced and effective criminal defense attorney.

Criminal Defense Lawyer In Florida

EXPERIENCED AND EFFECTIVE CRIMINAL DEFENSE

Tyler Jaymeson Cade, Esq., is an  experienced and effective criminal defense attorney.  Mr. Cade served at the Broward County Public Defender's Office, at the pleasure of Howard Finkelstein, early in his career and enjoyed some of the best criminal defense training available.  Those who know of Mr. Finkelstein, Broward County Public Defender, know of his passion in serving the indigent populace of Broward County.  Mr, Finkelstein emphasizes to his attorneys the critical importance of standing up for the rights of those criminally accused and that the indigent should not enjoy any less effective representation than those who secure paid attorneys: values that Mr. Cade continues to embody in his practice to this day.

As an Assistant Public Defender, Tyler Jaymeson Cade represented roughly 3500 clients in cases ranging from misdemeanors to felonies, up to and second degree murder and juvenile defendant representation. Mr. Cade is an experienced trial attorney with an extremely strong pre-trial defense practice.  

There are many layers of defense in a criminal case and each case should be reviewed for defenses at every possible stage including: pre-filing, post filing pre trial diversion programs, post filing but pre trial motions such as Motions to Dismiss or Motions to Suppress, and at trial with First Judgment of Acquittal Argument, Second Judgment of Acquittal Argument, Closing Argument, Judgment Notwithstanding the Verdict and Appeals.  The earlier the case can be successfully defended, the lower the risk to the client are.  Below is a review of these layers for your reference and information.

PRE TRIAL DEFENSE

Mr. Cade has successfully secured "no file" notices from the State Attorney's Office by securing witness affidavits that nullify the criminal charges, giving the State no other reasonable choice than to announce they will not prosecute.

PRE TRIAL DIVERSION

Should the State file charges, many clients qualify for pre-trial diversion programs that result in the case being nolle prosequi'd (charges dropped by the State) upon successful completion.  Mr. Cade has had a measure of success in securing pre-trial diversion on cases where the State had initially refused to allow the client to participate.

PRE TRIAL MOTIONS

Many cases have within them the facts to support that an officer may have acted illegally or against a defendant's constitutional rights in securing either the initial stop, the evidence, a confession, or making an arrest.  In such cases, a Motion to Suppress can be filed.  When granted, these often result in the State's case becoming un-prosecutable such that charges are dropped< or weakening the State's case sufficiently that a verdict to a lesser included charge can sometimes be secured at trial.

There are also cases in which a Motion to Dismiss might be viable.  These can occur on numerous grounds such as double jeopardy, lack of jurisdiction, violation of the constitutional, natural or statutory speedy trial rules.  

Many of these pre trial motions are defined in case law and have to be researched.  While some may not be evident on the face of the record, facts favorable to supporting a Motion to Dismiss or Motion to Suppress can sometimes be developed favorably in depositions.

For these reasons, while a "good offer" at arraignment may sometimes appear to be very appealing, they are not necessarily in the best interest of the defendant.  Make sure you discuss your case in depth with an experienced and effective attorney to discuss the possibilities and ramifications of your case carefully before making any final decisions.  We offer free consultations and will go to meet incarcerated clients at the jail.  

FIRST JUDGMENT OF ACQUITTAL

The First Judgment of Acquittal argument takes place at trial, after the case has presented their case and before the defense presents theirs.  This standard to win a case at this stage for the defense is to argue successfully that all of the evidence presented, in a light most favorable to the State (ignores any facts that benefits the defense) are not sufficient to support the elements of the charge(s) against the defendant.  Sadly, many attorneys place very little effort into preparing this argument because it is believed to be unwinnable.  Mr. Cade has won a  number of cases at First Judgment of Acquittal, including a case where not a single objection was made by him during the State's case, nor were any cross examinations questions asked.  It was clear as the trial took place that the State consistently was failing to prove one of the elements.  the judge agreed and granted the motion and the case was dismissed at trial.  The value of each and every stage of defense should never be underestimated.

SECOND JUDGMENT OF ACQUITTAL

This argument is made after the defense has presented their case at trial, before the case goes to jury.  It gives the defense a final chance to secure a dismissal of the case by the judge before the case goes to the jury for deliberations.  The standard here is that based on the evidence presented, reasonable juror would not differ as to the State not meeting their burden of proof as to one or more of the elements of the case.  If a hypothetical can be presented that is reasonable and based on the evidence presented that casts reasonable doubt on the case, it also strengthens this argument.  If the judge agrees with the defense arguments, the case will be dismissed.  These arguments are tricky and are strongest when supported by case law that is analogous (similar to) the case at trial.  A strong research practice by the attorney will benefit the client's chances of success.

CLOSING ARGUMENT

The closing argument is important because it is the defense's final chance of convincing the jury that there is reasonable doubt in the case, and the defendant should be found not guilty because of it.  For a successful verdict, a jury must be unanimous in Florida.  So, if the defense can convince the entire jury there is reasonable doubt, a not guilty will follow.  However, if the entire jury does not agree, all is not loss.  The defense only needs to convince one juror that there is reasonable doubt.  If that juror stands his grounds, it will cause a deadlock and avoid a guilty verdict.

JUDGMENT NOTWITHSTANDING THE VERDICT

These are not common, but they do happen at times.  The attorney must be on their feet, attentive and determine whether this can be argued if a guilty verdict should be returned.  Essentially, you are making a final appeal to the judge and saying he jury got it wrong and why.  Luckily, these can be filed in the first few days following a verdict of guilty.  If the attorney believes there may be grounds, they will do some case law research to see if the grounds for this argument can be sustained at law.

APPEAL/INEFFECTIVE ASSISTANCE OF COUNSEL

The deeper into a case one goes, the more challenging it can be to secure a favorable outcome.  Criminal cases are overturned on appeal at times, but the success ration is only about 8-10%.  To win a case on appeal, the judge below must have made errors in his judgments that are material and sufficient to warrant reversal and the issue must have been preserved by the trial attorney (who should be very aware of the need to preserve issues all through trial) or, if not preserved at trial, then the issue must be a fundamental issue (which is an issue that deal with a fundamental constitutional right)Of course, some attorneys have stronger appellate practices than others and this can make a difference.  If a client's case were to reach this unfortunate outcome where an appeal is needed, we would refer the client out to an attorney whose focus is only appeals.  Dedicated appellate attorneys devote their entire practice to research and drafting and will not have the distractions in moving through the case that a trial practitioner might have and are typically best equipped to secure the most favorable outcome possible.  Every criminal defendant gets one appeal as a matter of right and should have their case reviewed by an appellate attorney for possible appellate issues if found guilty at trial.  If a client is unable to afford an appellate attorney, once will be appointed through the court upon application and finding of indigence.

Call us to discuss your case.  No cost consultations.

Our Primary Practice Areas:

TJ Cade Law, LLC provides Criminal Defense Services (Misdemeanors and Felonies) to clients across Lake Worth, West Palm Beach, Boynton Beach, Delray Beach, Boca Raton, Jupiter, Wellington, North Palm Beach, Palm Beach Gardens, Hypoluxo, Lantana, Loxahatchee, FL.

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