Category: Articles

What is a Withhold of Adjudication? A “Withhold” is a special sentence in which the judge orders probation but does not formally convict the defendant of a criminal offense. Florida Statute s. 948.01 vests Florida judges with the authority to withhold adjudication after the judge imposes a probation...

A violation of probation or house arrest occurs when a probation officer files an affidavit with the court alleging that the person on probation or house arrest violated the conditions previously set by the judge at the prior sentencing. The court then issues a warrant for the person. Many...

In the State of Florida, there are three types documents utilized to formally charge a person with a crime: (1) a citation; (2) an indictment; or (3) an Information. A citation is typically issued for misdemeanor traffic offenses, including DUI, and non-criminal driving infractions such as speeding or failure to wear a...

Pinellas losing prosecutor of the grimiest cases Tim Hessinger has seen success taking on rapists and child abusers . Now he’s moving to the defense side of the aisle . By Chris Tisch Published January 21, 2005

Limiting a client’s appearance in court on certain charges can often be accomplished by filing a plea in absentia. This means that the defendant enters into a written plea agreement that is accepted by the court without the defendant even being present in court. This can be very valuable to a client...

The majority of criminal cases are resolved with a plea bargain between the defendant, the state attorney and the judge. This means there is no trial and the defendant is sentenced to a prearranged and agreed upon sentence. A defense attorney negotiating a plea bargain with a state attorney must negotiate from...

In most cases, victims are encouraged to obtain a Restraining Order or Domestic Violence Injunction. The alleged victim will be required to file a sworn affidavit with the clerk’s office alleging prior violent behavior and fear of future violence. If a temporary injunction is issued, and most of them are, the sheriff’s department...

By Providing The Prosecutor With Information That May Impact The Charging Decision The prosecutor makes a charging decision in every case. Just because the police arrested you does not mean that the prosecutor will file the same charges against you. There are times when the prosecutor will file...

Often times, people find themselves navigating the criminal justice system because of undiagnosed or untreated mental illness. Many of those same people also have a history of drug and alcohol abuse that has been left untreated over time. At The Law Office of Timothy Hessinger, we are routinely retained by persons with...

You may be eligible to participate in a pre-trial diversion program. This means that if you are accepted into the program, and successfully complete it, your charges are dismissed. The program requirements vary defending on the nature of the charge but frequently include paying restitution and staying out of trouble. This program...

Can Probation Be Reduced? Probation can often be reduced after approximately half of the probation term is completed. Community control can also be ended early and rolled over in regular probation at the halfway point. The court usually has complete discretion to shorten a client’s probation or community...

The laws of Florida allow for the expunging and/or sealing of some criminal records. To expunge a criminal record means to clear or purge the incident from all public records. It is as though the incident never happened. If successful in expunging or sealing your records, a potential employer or educational facility...