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In The Courtroom – The Difference Between Legal and Factual Guilt

In law, you are either deemed as being factually guilty, or legally guilty depending on the circumstances surrounding your arrest and subsequent prosecution in court. One is found to be legally guilty if there exist concrete facts that may incriminate you, say some exhibit or forensics. On the other hand, one may be deemed as being factually guilty if he committed the crime.
Essentially, factual guilt refers to what the defendant did while legal guilt is what the prosecutor can prove. For example, someone can be factually guilty, but if there is no sufficient evidence, the person cannot be legally guilty.

How We Can Help

  • Examining the evidence against you: For one to be deemed legally guilty, there must be evidence directly linking you to the felony. When approached by such a case, we carefully examine the evidence linking you with the alleged offense. We aim at ensuring that you are not wrongly sentenced for a felony you did not commit.
  • Sound legal advice: Everyday, we advise our clients on the status of their cases based on the facts. If you decide to proceed with your case, we will assign you our competent attorney to represent you.
  • Legal representation: When we take up your case, you can be assured of our absolute commitment to litigate for you. We believe that you are innocent until proven guilty. We also believe that for one to be guilty, there must be direct evidence linking them to a felony.
  • Appeals and compensation: If you feel that you have been sentenced wrongly or the court hasn’t paid attention to some facts, we are ready to go the full length and file an appeal for you. If proven innocent and compensation are due, we shall do our best to ensure you are compensated.

Attorney Services In Tampa, Florida
Located in Tampa, Florida the Chamberlain Law Firm provides quality legal services centered on the client. Led by Hunter H. Chamberlin, we ensure that you are well represented in court and compensated where due. We broadly focus on all matters litigation and further specialize in criminal defense law that includes but is however not limited to the following:

  •  Civil litigation
  • Robbery
  • Expunging records
  • Drug Offenses
  •  DUI’S
  •  Firearm charges

At Chamberlin Law Firm, we are the industry leader in criminal defense. We work with a team of experienced attorneys who can represent efficiently in court. We work with the presumption of you are innocent until proven guilty. Based on this we build a formidable defense for you. Wondering if you are legally guilty? Contact Hunter at 813-444-477 for a free consultation.


How to Expunge Your Criminal Records in Florida

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The Sunshine State may not be so sunny when you have a past criminal record on your shoulders. Furthermore, Florida’s law enforcement agencies and courts make it simple for anyone to access your criminal records. If you ask anyone who has been arrested in Florida, they’ll tell you how difficult it can be to achieve important things in life like get a job, travel, or find a decent home. In Florida, you can only expunge your criminal records if you have no past convictions, regardless of when or where the conviction occurred.

If you qualify to get your criminal records expunged, you have the opportunity for a fresh start in life. A new beginning can be a great investment of your time and money.

The Benefits of Expunging Your Criminal Records

The primary benefit of expunging your criminal records is that, under Florida law, you can legally fail to acknowledge the arrests and convictions under the expunged record.

Other benefits of expunging your criminal records include:

  • If you hold a professional certificate or license, the expungement will help you retain those certificates and licenses.
  • An expungement can potentially impact positively on your credit rating.
  • An expungement enables you to legally state on your job application that you’ve never been convicted of a criminal offense.

The Process of Record Expungement in Florida

Record expungement can be a complicated process. Any small mistakes on the petition could force you to begin the process all over again. That’s why it’s wise to involve an experienced expungement attorney in Florida to represent you and ensure that everything is done correctly from the beginning. Again, ensure that the attorney provides an option to clear your records beyond the courtroom. Most often, criminal records are kept by many online background check companies who must be notified that your records have been expunged by the courts; otherwise, they’ll keep your records in their systems for years.

Certificate of Eligibility

The first step towards expunging your criminal records is to verify your eligibility by obtaining a certificate of eligibility. You’re required to complete section A of the application and sign it before a notary public. An authorized law enforcement officer will take your fingerprints and submit a properly completed fingerprints form together with the application. A certified disposition of the case that you want to expunge must also be obtained from the clerk of the court where the charges were brought. In some cases, you may be required to provide a copy of Termination of Probation with a nonrefundable method of payment.

The next step is to have a state attorney or prosecutor complete section B of your application. If your application has any missing portions, it will be returned or unprocessed. You will also need to complete a declaration indicating how the conviction has hurt your career and job opportunities, your future plans, training and education, social and religious affiliations, and how your life has completely turned around.

What Happens when Your Application for a Certificate of Eligibility is Denied

If you have reasons to believe that your certificate of eligibility was a mistake, you can request a review. Sometimes the denial may be based on inaccurate or incomplete criminal history information, so you must follow the review process and have those records corrected as detailed under the Florida laws. However, if you have reasons to believe that your criminal records are correct but the law was incorrectly applied to your case, you can appeal the decision through an expungement attorney.

Final Verdict

Expunging a criminal record is a complex process that requires the assistance of a reputable Florida criminal defense attorney. Any slight mistakes on your application could result in denial or unnecessary delays in your case. The Chamberlin Law Firm provides quality, client-centered legal services in Florida. If you’re accused and charged with any criminal offense ranging from traffic crimes and misdemeanor to serious felony offenses, contact us today for professional legal representation or criminal record expungement.


5 Things to Know If You Are Charged with a Robbery Offense in Florida

Robbery is a serious offense, and if you’ve been charged with a robbery in Florida, you could be looking at some long jail time. If violence or force was involved in stealing someone else’s property, then you could be charged with a robbery. Robbery charges in Florida come with a maximum of 30 years in state prison. Here are 5 things to know about robbery offenses in Florida:

1. There Are Different Kinds of Robbery Charges

Not all kinds of robbery charges are the same. Let’s look at the different kinds of robbery charges and the specifics of each charge:

  • Robbery: Robbery is a 2nd Degree felony in Florida, and carries a maximum prison sentence of 15 years.
  • Armed Robbery w/Weapon: The use of a weapon in a robbery makes the charge a 1st degree felony, and carries a maximum prison sentence of 30 years.
  • Armed Robbery w/Deadly Weapon: The use of a deadly weapon during a robbery also means it is a 1st degree felony, and can carry a prison sentence of up to 30 years.

2. Robberies Comes in Many Variations

There are a multitude of crimes that are considered to be variations of robbery in Florida, including carjacking, robbery with a firearm, robbery with a deadly weapon, home invasion robbery, and sudden snatching.

3. Robberies Can Include Additional Penalties

Additional penalties that can come with a robbery charge include community service, up to $10,000 in fines, the loss of some kinds of certifications, probation/parole, as well as a permanent criminal record.

4. Those Facing a Robbery Charge or Investigation Should Seek an Experienced Attorney

If you have been charged with a robbery or are under an investigation for one, contact Hunter Chamberlain, a Defense Attorney based in Tampa, FL. With a background as a prosecutor for the Florida State Attorneys’ office, Hunter brings his vast experience to his criminal cases, figuring out the best way to build an effective defense for his clients.

5. Hunter’s Experience as A Prosecutor Makes Him an Effective Defense Attorney

Hunter’s time at the Florida State Attorneys’ office means he knows how prosecutors work, so he’ll know to build the best defense against the prosecutor in your robbery case. Get an effective defense today by contacting Hunter Chamberlain for a free consultation, online or by calling (813)444-4777.


Why Is It So Important to Have a Good Criminal Defense Attorney on Hand?

If you have been arrested and are facing charges in the state of Florida, you are likely to go up against a seasoned and determined State Prosecutor. Even if you are confident you can prove your innocence, the Prosecutor can still use his or her knowledge of the law and the legal system to deliver a result that will not be favorable to you. You may save time and money forgoing legal representation, but the total cost of being convicted is much greater.

Negotiations and Plea Bargains

A defense attorney will work with you and the prosecutor to negotiate an arrangement when you are facing long jail terms or severe penalties. A prosecutor is much less likely to go into negotiations with a defendant who is representing himself. That means having representation can significantly reduce the risks.

Sentencing

Even if you are found guilty, there is still room for a criminal defense attorney to negotiate for more lenient sentencing. This can mean shorter prison terms, suspension of sentences, probation, and lesser fines. Without representation, this type of leniency is much less likely to be extended to a convicted person.

Perception vs Reality

During this very trying time, you are certain to be emotionally distressed and volatile. This means it will be much more difficult to maintain your composure and to think clearly while navigating all of the ins and outs of the legal system. A criminal defense attorney has more objectivity than you- and will understand the territory.

Technicalities & Loopholes

A criminal defense attorney will know all of the available legal loopholes and technicalities of the law and can cite the right loophole at the right time. Without extensive training and experience, you cannot hope to spot all of the available peculiarities of the law that a lawyer who specializes in criminal defense knows intimately.

Witness Statements

With the experience that a criminal defense attorney brings to the table, he can assemble critical proofs such as the statements of witnesses. Without professional representation, victim and witness statements can be totally inaccessible for a variety of reasons. Furthermore, a defense attorney can utilize private detectives, and expert witnesses to bolster your case.

The Hidden Costs of Pleading Guilty

If you are convicted, even if you receive a reduced penalty, you may lose your right to vote or own a firearm and may find worthwhile employment very difficult to obtain. Often, the quality of life of a convicted person is substantially reduced compared to what they are accustomed to. These ramifications can damage your earning potential substantially. That’s why hiring a criminal defense attorney is not just about clearing your name- it’s an investment that can radically affect your long-term well being.

To learn more about the benefits of hiring a professional criminal defense attorney, contact the law office of Chamberlin Law Firm immediately. If you are facing prosecution, you cannot afford to wait. Call 813-444-4777 to get in touch today, or click here for your free consultation, and let Hunter Chamberlin start building your case right now.