Criminal defense:
I practice in both state, military and federal courts in Florida and have been a member of the Hillsborough County Criminal Defense Attorneys' Association since 2002. My extensive criminal law experience also includes having served as Special Appointed Public Defender for Hillsborough County. My criminal law experience includes:
Felonies
Misdemeanors
Illegal Arrest/Searches
Traffic Cases
DUI/DWI
Violation/Termination of Probation Hearings
Pre-trial Intervention Program
Bond Reductions
Drug Offenses
White Collar Crimes
Sex Offenses
Domestic Violence
Appeals and 3.850 filing (post trial relief petitions)
I defend clients against a wide range of criminal charges under Florida, Federal and military law, from traffic violations and drug possession to sex crimes and violent crimes. I will recommend a criminal defense strategy that focuses on your priorities. Being arrested for a crime can be confusing and distressing. A conviction may have serious long-term consequences. Take immediate action to protect your legal rights by contacting an experienced criminal defense lawyer as quickly as possible.
With over 20 years of experience doing Criminal Defense and with over 200 jury trials under my belt, I know not only the court system, but likely the prosecutor who is handling the case and the Judge that has been assigned to your case. Experience in these matters count. In short, I know how to effectively protect you. I always advise clients who are charged with committing a criminal act not to speak to anyone, especially the police, until they have an attorney present. It is also important to be aware that personal and telephone conversations in the police station may be recorded.
If you are anywhere in the bay area, to include Polk, Hernando and Sarasota counties, and you have been charged with a crime, you need a criminal defense attorney who can skillfully and knowledgeably represent you. I am an expert in criminal defense litigation, and have the reputation for being one of the best trial attorneys in Tampa, having litigated hundreds of trials, and represented thousands of criminal defendants. This area of the law can be complex, depending on your charges, and that's where my 23 years of experience
If you've been charged with a crime, you want to make sure that you speak to an attorney as soon as possible. Choosing the right lawyer is important; you need to be represented by someone who can get you the best possible results in your case. Your initial consultation will be free, and I will keep my fees affordable. I will work with you, as I understand that money does not grow on trees. When you meet with me, I will answer your questions, explain the charges against you and their potential impact, and help you understand your case. I will also explain your legal options and keep you informed about every step I will take to defend you. Armed with that knowledge, you will be able to make informed decisions as your case moves forward.
The first thing that I will do when you retain my services is see if we can get the charges dismissed or reduced. To do this will require going over the details of your arrest and the charges carefully. In addition, it will require that we get full disclosure from the prosecution through aggressive pursuit of documents as quickly as possible. If necessary, I will file the appropriate motions to dismiss or suppress. In some cases where it is necessary, I will negotiate with the State Attorney and be a steady and unceasing advocate for you and your cause. If the case goes to trial, we'll be ready with a personalized defense strategy unique to you are your the facts of your case.
You can have confidence in me and my representation. I can assure you that I will leave no stone unturned to achieve the absolute very best result for you and your cause.
Couple notes about different types of cases:
Cases involving drug use or possession generally correlate to different types of crimes in multiple ways. Directly, it is a crime to use, possess, distribute, or manufacture substances having potential for abuse. Drugs can also relate to crime based on the effects they have on the abuser's behavior and by generating violence or other illegal activity in correlation to drug trafficking. The type of substance possessed and the amount can and will dictate the charges the state asserts.
Consider this story as a nightmare to be avoided:
Or this:
If you are charged with theft, gun crimes, or crimes of violence, among others, whether it is in State or Federal Court, I have the experience, acumen and legal skills to provide you the best representation that you require and deserve, at a rate that is affordable, and with compassion for you and your family.
In addition to drug/trafficking and theft/burglary cases, I also have litigated murder cases,domestic violence, violation of domestic violence injunction, embezzlement violation of probation, motions for bond and bond reduction hearings.
DUI / drunk driving:
If you have been charged with drunk driving, you may be facing not only criminal charges but also an administrative suspension of your driver's license. My firm provides criminal and administrative DUI defense representation.
Nothing can be more devastating than to be caught in the ultimate game of "gotcha" and be arrested for driving under the influence. It can be devastating in so many different ways, and seriously impact your ability to make a living, especially if you rely on operating your vehicle.
You cannot and should not settle for just anyone, and be sure that the criminal case is only part of the overall problem that you will be facing. You need the services of an attorney who has experience and expertise in this area of the law. A DUI charge can mean different things. I will let you know what you can expect and what I believe would be the best strategy for your defense. My goal will be to help you keep your license and your freedom, and I will do what is needed to achieve that goal.
If you have been arrested, acting quickly is essential in order to build a successful defense or at least result in a greatly reduced sentence. After you have been arrested for a DUI, you have only ten days to request a hearing or your driver's license will be revoked. At that point you can only reverse this with a revocation hearing. The loss of your license can have such a large impact on your ability to earn a living, especially in our community that lacks reliable transit options.
You should be warned. You do not need to be in the act of driving the vehicle to receive a DUI. Also, the car does not even have to be on. All it requires is that you are in the driver's seat while under the influence. The worst part about a DUI is that with each charge, the severity grows. While the first charge may only result in a misdemeanor, by the third charge you could be looking at a felony.
DUI is taken very seriously and has very restrictive consequences that come with it. With each charge, you could experience a growth in the impact of the sentence for several things, including period of time that your license is suspended, community service, rehabilitation, probation time, fines and penalties, court costs, losing your vehicle, and jail time.
In addition, the sentence can increase dramatically based on the situation. For example, if you have a child with you or if your alcohol blood content is significantly over the legal limit, you could be looking at a much harsher sentence.
Some of the penalties you may face include:
• Administrative License Suspension/Revocation Penalties
Penalties are minimum mandatory penalties on drivers with a blood-alcohol level above .08 percent or drivers decline to submit to a breath, blood, or urine testing for blood-alcohol level. In Florida, the earlier DUI includes a suspension of ninety (90) days; for the second offense, one (1) year, and for the third offense three (3) years.
• Vehicle Confiscation
In some states, this is a prospect and it may either be forever or temporary.
• Mandatory Alcohol Education and Assessment/Treatment
This is an alcohol teaching and prevention program to teach about the treatment for alcohol abuse and evaluation of persons for possible alcohol or drug dependence. This option is usually recommended to those who do not wish to serve a sentence or those who do not wish to pay fines.
Your livelihood is at stake anytime you receive a DUI. This is an offense that requires swift action and a strong defense.
Family law:
The area of family law is constantly changing due to new legislation and court rulings. It requires current knowledge of such changes to competently represent clients. Patrick Leduc has extensive experience in the following areas:
Divorce (Dissolution of Marriage) - Simple and complex cases involving alimony, property distribution, child custody, support and time sharing, residency requirements, and relocation petitions.
Post Dissolution Modifications to Final Judgments Involving child support, custody/time-sharing, and alimony - Changes often occur in clients' family, work, and financial lives after a divorce. I have substantial experience dealing with these "change of circumstance" situations which require modifications to final judgments regarding alimony, child support, time-sharing arrangements or other matters related to children. Many child support modification petitions are initiated by the Department of Revenue (DOR) and I have vast experience with that agency, DCF, and other state agencies regarding the welfare of children.
Prenuptial Agreements - Agreements between persons seeking to be married. These agreements manage financial issues and/or other personal circumstances in the event of a divorce.
Paternity Determination - A matter brought into court to determine the identity of a child's legal father; either the biological father or mother can initiate a paternity action.
Some cases are easier then others. None more difficult then the following:
Name Changes - A court procedure to change a person's name for any lawful purpose such as restoring a woman's maiden name following a divorce or children assuming the surname of step-parents.
Guardianships of the person/property - Guardianships can be established when a person has become incompetent, or where a minor child is not legaly competent to handle his/her affairs.
Dependency Law - We defend parents when the state is trying to remove their child(ren) from the home. We also represent family members or others interested in protective custody of children who may be in danger of neglect, abuse or abandonment.
Domestic Violence Injunctions - Actions brought before the court to prevent or further prohibit acts of domestic violence or to defend against an improper action brought against a person. Either spouse or partner in a relationship can initiate this type of action.
I truly understand that bringing family matters into the legal process is an emotional and difficult situation for anyone, and offer confidential advice and guidance through divorce, child custody, dependency, child support modification, and other family law matters.
Family Law is a multi-faceted area of law that deals with family relations. Family law encompasses such areas as: adoption, child custody and visitation, children's rights, child support, spousal support (alimony), separation agreements, civilian and military divorce (dissolution of marriage), marital property division (equitable division), elder law matters, estate planning, estates and trusts, wills and will contests, probate, insurance, cohabitation agreements, pre-marital (pre-nuptial) agreements, marriage and other legal issues pertinent to the family.
Family law courts generally hear cases pertaining to dissolution of marriage, legal separation of the parties, nullity of marriage, child custody, child and spousal support, and guardianship. It is a complicated area of law to navigate alone.
Should I hire a lawyer?
It ordinarily is a good idea to consult with a lawyer about any major life event or change, such as a contested or uncontested divorce, adoption of a child or placement of a child for adoption, child abuse matters, child support modifications, child visitation and custody, being accused of or a victim of domestic violence, other major family law issue. Your legal rights could be at stake if you don't.
Immigration Law:
Our nation continues to embrace its heritage of cultural diversity. To enhance this diversity, we can assist in the following areas:
Legal Permanent Resident (Green Card)
Deportation Representation
Investment Visas/Business Visas (L-1, E-1, E-2)
Visa Lottery/Diversity Visas
Canadian Treaty/NAFTA Visas (E-1)
Any other Immigration inquiries you may have
Fiancee Visas
Petitions for Family Members
U.S. Citzenship Application
Professional Visas
Student Visas
Work Permits
Recent changes in immigration law has made it easier for individuals to remain in the United States who may have overstayed their Visa's or entered the country without proper documents. If you are here without proper paperwork, or are subject to a deportation hearing in immigration court, you should speak wtih me to see what services I can offer.
Federal immigration law determines whether a person is an alien, and associated legal rights, duties, and obligations of aliens in the United States. It also provides means by which certain aliens can become naturalized citizens with full rights of citizenship. Immigration law determines who may enter, how long they may stay and when they must leave.
Several laws have been passed to strengthen regulation of illegal immigration practices, such as hiring of illegal aliens and sham marriages. Congress enacted the Immigration Reform and Control Act (IRCA) of 1986, which toughened criminal sanctions for employers who hire illegal aliens, denied illegal aliens federally funded welfare benefits, and legitimized some aliens through an amnesty program. The Immigration Marriage Fraud Amendments of 1986 attmepts to curb sham marriages for the sole purpose of obtaining citizenship.
There are detailed regulations covering grounds for inadmissibility and exceptions. For example, section 212 of the Immigration and Naturalization Act sets forth rules governing inadmissibility of those convicted of crimes and exceptions, based upon factors such as the type of crime, date of conviction, and sentence received.
Immigration Links
United States Citizenship and Immigration Services (www.uscis.gov)
Case Status (https://egov.uscis.gov/cris/jsps/index.jsp)
Change of Address (https://egov.uscis.gov/crisgwi/go?action=coa)
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
Info Pass Appointment (http://infopass.uscis.gov/)
Federal Actions with USCIS:
If USCIS is not doing something that it should be doing, you can sue USCIS in federal district court. The most common federal court action is called a mandamus action, however are several other federal court actions available to non-citizens in immigration related matters.
MANDAMUS ACTIONS
Mandamus means “we command” in Latin. A mandamus action is “issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.”
§ 1361. Action to compel an officer of the United States to perform his duty
The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
In other words, in a mandamus action, you are suing USCIS to compel them to do something that USICS should be doing. This typically arises when USCIS does not make a decision on an application in a timely manner.
Mandamus and naturalization. In general, for naturalization applications, USCIS has 120 days to make a decision on a naturalization application after the interview. If the adjudication of your naturalization application is taking longer than 120 days, you can file a mandamus action in federal district court to compel USCIS to make a decision. Please note that the mandamus suit merely compels USCIS to make a decision. The mandamus action cannot compel USCIS to approve the application, but merely to make a decision and USCIS can approve or deny the application. Typically, the firm will not recommend a mandamus action until the naturalization application has been pending for more than one year.
Mandamus and adjustment of status. In general, there is no time limit for USCIS to make a decision on adjustment of status (I-485) and petitions for alien relative (I-130). However, the federal courts have generally said that any delay over two years is unreasonable. If your I-130 or I-485 has been pending for more than two years, you should consider filing a mandamus action in federal district court.
DE NOVO REVIEW OF NATURALIZATION DENIALS
If your naturalization application is denied, you can file an N-336, Request for Hearing on a Decision in Naturalization Proceedings. If USCIS denies the N-336, you can file a action in federal court pursuant to 8 U.S.C. § 1421(c) asking the federal district court to review your application for naturalization. The federal district court may completely review all aspects of your naturalization application regardless of what USCIS said or did. Federal court review is a very powerful weapon because USCIS hates when the federal courts get involved with their decisions. USCIS hates federal court so much that they will do almost anything to avoid it which means that you should always force the issue and file an N-336 when USCIS initially denies your application for naturalization. Once you file an N-336, the stakes are raised for USCIS because if USCIS denies your N-336, you can go directly into federal court.
DECLARATORY JUDGMENTS ACTIONS
A declaratory judgment is a judgment of a court in a civil case that declares the rights, duties, or obligations of one or more parties in a dispute. Declaratory judgment action are rarely used in immigration related matters, do they do arise from time to time.
For example, to qualify for NACARA (Nicaraguan Adjustment and Central American Relief Act), a non-citizen must be a member of the class action settlement under American Baptist Churches v. Thornburgh, 760 F.Supp. 796 (N.D. Cal. 1991), or the (“ABC”) settlement class. Only the federal district courts have jurisdiction to review class membership. If USCIS denies class membership, then you must file a declaratory judgment action in federal court asking the court to “declare” you a member of the ABC class settlement.
Military law:
My firm has a long and proud history of representing military service members, veterans and their families in all matters of military law, including veterans claims, discharge upgrades, courts-martial and nonjudicial punishment.
Uniform Code of Military Justice (UCMJ), which is outlined under 10 U.S.C. Chapter 47, serves as the foundation for military justice. In addition, there are regulations under which each branch of service can conduct administrative matters in addition to taking action either under the UCMJ, or non judicial punishment IAW Article 15, UCMJ. If the command elects to proceed by way of court-martials, they first must prefer the charges, and your rights in the pre-trial phase of the proceedings is contingent upon what type of court the convening authority wishes to convene.
There are three different types of courts-martial:
• Summary Court-Martial – These typically are simple hearings for minor misconduct. Here, one officer will act both as defense and prosecutor and will have punishments that vary with the pay grade of the defendant. For example, if they are an E-4 or lower, they will be facing penalties that include 30 days of confinement, pay reduction and/or extra duty and restriction in lieu of confinement.
• Special Court-Martial – This is considered to be the "intermediate" level and will have more involvement. Namely, there will be a military judge, prosecutor, assigned defense counsel from the specific branch Trial Defense Service and, if a jury trial is elected, at minimum, three other officers to serve as a jury (or if requested, at one of the members will be an enlisted member senior in rank). The defendant will also have the option of requesting to have a trial by judge alone. Some Special Courts-Martial can be empowered to give a punitive Bad Conduct Discharge and confinement for up to 1 year.
• General Court-Martial – This is the most severe of the courts-martial and carries the harshest penalties, even reaching to death sentences, as well as dishonorable or bad conduct discharge. There is certain protocol that must be followed before a case can be heard at a general court-martial, including pretrial investigation called an Article 32 investigation. In all cases, military counsel will be provided free of charge. However, a Criminal Defendant always has the right to hire civilian legal counsel on their own dime to protect their legal rights.
In addition to military justice, the chain of command has a myriad of options to address misconduct that does not necessarily include military justice. These matters included taking a military service personnel to an administrative elimination board, General Officer Letters of Reprimand (aka GOMARs) and bars to re-enlistment, inter alia.
Personal injury: If you have been injured or lost a loved one in an accident caused by someone else's negligence, you may be entitled to compensation. My firm handles matters ranging from car accidents to medical malpractice.
Estate Planning: With 18 years of legal experience in the U.S. Army, I have planned thousands of estates, and drafted wills for estates both large and small to include living wills and medical power's of attorney.
First Party Property Insurance Claims: A first-party claim is one that you make against your own insurance carrier. It differs from a third-party claim where you make a claim against another party in the event of an accident or loss.
If you have any questions, please e-mail me at Patrick.Leduc@ymail.com
Making a Difference in Clients' Lives
