Criminal Law
DOMESTIC VIOLENCE
The system is extraordinarily paternalistic and intrusive when it comes to domestic violence allegations. Prosecutors routinely ignore alleged victims' desires to drop the charges. Judges issue orders of protection that immediately impact families' lives and livelihoods, often on the flimsiest of allegations. Many times there are allegations made by spouses to better position themselves for a divorce or in a custody battle. It is very difficult for a spouse to defend a custody or divorce case while at the same time juggling a criminal domestic case. But domestic violence cases are no different than any other cases - there can be no conviction unless the prosecution proves their case beyond a reasonable doubt. The Law Office of Keith A. Fousek, holds the prosecution to their burden of proof.
At the law firm of Law Office of Keith A. Fousek, we have extensive experience helping clients facing domestic violence, spousal abuse and harassment accusations. We fight aggressively to help you avoid a criminal conviction. When an alleged victim wants to drop charges, we know how to use that information to best represent you. We remind the prosecution that nothing about the label "domestic violence" means that our clients' rights can be suspended.
FIGHTING FOR YOUR RIGHTS
Oftentimes, the prosecution will offer programs as part of a plea bargain. While a plea bargain may be the easiest way to put a domestic violence matter behind you, a plea may still leave you with a conviction on your record. In Florida, domestic violence is one of the few enumerated (written into the statutes) that cannot be sealed or expunged and will follow you forever. Additionally, if you had other similar charges in the past, the case may be charged as a felony and not a misdemeanor. We will advise you on every aspect of an offer: what a program requires, exactly what your exposure is, and exactly what the consequences are. If the case is not likely to be proven beyond a reasonable doubt, we will never push you to accept a program. We are not afraid to take a case to trial.
We have a track record of success in domestic violence cases. We interview your accuser and other witnesses to dismantle the case against you, piece by piece. Then we build the strongest possible defense, using all of the facts and evidence.
THEFT CRIMES
Theft crimes cover a wide variety of offenses from shoplifting to fraud and can involve anyone from a juvenile to a corporate executive. A conviction on theft charges can carry stiff penalties including jail time and fines. It can also impact your ability to get credit or loans, get into certain schools, gain employment and other things.
It is extremely important to have an experienced attorney on your side who can protect your rights and work to minimize the impact of the charges you are facing. At the Law Office of Keith A. Fousek, we have defended clients in a variety of cases, including burglary, armed robbery, auto theft and others.
COMMITTED TO A POSITIVE OUTCOME
Mr. Fousek is a skilled litigator with extensive experience in theft cases. We have handled cases at both the state and federal level. When you hire our firm, we will work with you to learn everything we can about the incident and the charges you are facing. We will explore every possible avenue in an effort to beat the charges against you.
If there was anything improper about the investigation, search, arrest or any other aspect of the case against you, we will take immediate action to have the charges dismissed or reduced.
THE HELP YOU NEED WHEN YOU'RE IN TROUBLE
Violent crime charges such as assault and robbery can be complex, and no two cases are alike. At the Law Office of Keith A. Fousek, we are committed to doing everything we can to beat the charges against you. Our experienced attorneys come to every case with a fresh perspective and unique approaches. We meticulously review every piece of evidence, every statement, every police report, and will not give up until the best possible outcome is achieved.
RESULTS ORIENTED CRIMINAL DEFENSE
Our attorneys' deep knowledge and comfort with all of the tactics and principles involved in defending allegations of violent and other crimes means that we have the flexibility and experience to get you the best shot at a dismissal, an acquittal or a favorable deal. Some of the tools we may use to win against charges are:
Suppression of physical evidence due to unlawful search and seizure
Suppression of statements obtained through coercion and unlawful interrogation
Suppression of suggestive and unreliable identification procedures
Strong undermining of identification evidence
"Self defense" and "justification" defenses
"Lesser of two evils" defenses
Lack of intent and other "mens rea" defenses
Unreliable and lying eyewitnesses
We've successfully litigated alleged drug cases, beatings, sexual and domestic assaults, assaults and assaults with weapons. Give yourself the best chances against violent crimes charges such as:
Assault and battery
Robbery and armed robbery
Carjacking
Domestic assault
Sexual assault
Weapons offenses
Arson
Juvenile offenses
EXPERIENCE MATTERS
Guns are more common, yet more aggressively prosecuted every day in Florida. The Law Office of Keith A. Fousek, has successfully defended gun cases. From firearms in the home, to guns and weapons in cars and on the street, we have aggressively litigated most aspects of gun cases such as police credibility, to unlawful search and seizure.
We defend weapons charges from several different angles:
If a gun is allegedly found in your home, we will fight the right of the police to have been in your home in the first place. Did the officer have a valid search warrant or your permission to search your property?
If a gun is allegedly found in a car you're in, we will fight the basis for the stop or search of the car and we will work at developing reasonable doubt whether you knew the gun was in the car.
Whether a gun is recovered in a car you are in or your home, we will work at developing reasonable doubt whether you had "dominion and control" over the alleged illegal firearm.
If a gun is allegedly found on you, we'll fight the basis for your search and seizure, and if the gun is recovered from the street, we'll develop doubt whether it was you who possessed it.
When you need a strong and effective defense, contact the Law Office of Keith A. Fousek.
DEFENSE AGAINST ANY WEAPONS CHARGES
Prosecutors may have gotten tougher on guns in the last several years, but that doesn't change their burden of proof, beyond a reasonable doubt. We will help you hold the prosecution to their burden, and aggressively protect your rights. In cases such as:
Illegal possession of a firearm
Use of a weapon when committing a crime
Carrying a concealed weapon unlawfully
Possession of more firearms than allowed
Felon in possession of a firearm
Illegal Search and Seizure
People usually get into trouble with weapons violations in one of two ways: they are pulled over by the police and searched or they are at a location for which a search warrant has been issued and a weapon is found.
A police officer cannot simply stop you on the street and frisk you. They cannot pull your car over and search it. They have to have probable cause to stop or detain you; that is, they have to have good reason to suspect that you have committed a crime.
Problems with unlawful search and seizure by law enforcement are one of the primary defenses in many weapons cases. All too often the police violate people's constitutional rights by searching their person or property. In the case of search warrants and raids, it's typical for police to arrest everyone indiscriminately at a property if guns or drugs are found.
We are strong advocates for your constitutional rights. We know search and seizure law inside and out and will build a strong case, seeking to suppress illegally obtained evidence against you.
For more detailed information and to schedule your free consulation please contact us directly at (954) 623-7545