Practices

Criminal Defense

Ashley Minton and Jeffrey Smith are aggressive litigators and Criminal Defense Lawyers in Florida who have represented thousands of clients charged with many different types of crimes, ranging from misdemeanors to murder.

Felonies, including but not limited to:

• First Degree Murder
• Second Degree Murder
• Manslaughter
• Attempted Murder or Manslaughter
• Capital Sexual Battery
• Sexual Battery
• Lewd and Lascivious Battery
• Lewd and Lascivious Molestation
• Failure of a Sex Offender to Register
• Aggravated Battery Deadly Weapon/Pregnant Victim
• Discharge of a Weapon
• Throwing a Deadly Missile
• Possession of a Firearm by a Convicted Felon
• Carrying a Concealed Firearm
• all 10-20- Life crimes
• Armed Robbery
• Robbery while Masked
• Robbery by Sudden Snatching
• Burglary (with a Battery or Assault)
• Burglary of an Occupied Structure
• Burglary of a Conveyance
• Driving Under the Influence
• Vehicular Manslaughter
• Trafficking
• Possession with Intent to Sell a Controlled Substance
• Sale
• Delivery or Purchase of a Controlled Substance
• Battery on a Law Enforcement Officer
• Resisting an Officer With Violence
• Child Abuse
• Elderly Abuse
• RICO
• Giving False Info to a Pawn Broker
• Dealing in Stolen Property
• Conspiracy crimes
• Accessory crimes
• Manufacture of a Controlled Substance
• Possession of a Controlled Substance
• Grand Theft Auto
• Third Degree Grand Theft
• Escape

Misdemeanors including but not limited to:

• Driving Under the Influence
• Driving While License Suspended
• Driving without a License
• Failure to Register Vehicle
• Attaching Unassigned Tag
• Leaving the Scene of an Accident
• Petit Theft
• Disorderly Conduct
• Disorderly Intoxication
• Criminal Mischief
• Resisting an Officer Without Violence
• Giving a False Name
• Battery
• Assault
• Trespass
• Possession of Marijuana under 20 Grams
• Possession of Paraphernalia
• Animal Cruelty

Other Crimes:

• All Juvenile Crimes (including but not limited to all crimes listed above)
• Traffic Violations
• Violations of Community Control
• Violations of Probation
• Violations of Parole
• Prison Releasee Re-offenders
• Habitual Offenders
• Habitual Violent Felony Offenders

It’s 3:00 a.m. and you get a phone call telling you that your son has just been arrested. That’s a phone call that no one wants to receive, but it happens every day. At Minton Law, P.A., we want to be the reassuring voice you hear on the other end of the line when you call for help. We will be there to walk you through this sometimes scary process step by step. Criminal cases, whether they are state or federal charges, can be very complex, and it is exceeding important that you have an experienced criminal defense attorney by your side at each stage of the proceeding. This is the beginning of the criminal case … the arrest.

Once you have been arrested, you will be transported to the county jail. Once you are booked in at the jail, you are required to been seen by a Judge at first appearance within 24 hours. This is a very critical stage of the proceeding and one at which you should, if possible, have an attorney present with you. At first appearance, the Judge will read you the formal charges. The Judge will also inform you that you have the right to counsel. Additionally, the Judge will set a bond amount in your case. If you have an attorney present, your attorney can argue for a lower bond so that you may be able to bond out of jail. After your first appearance, you will hopefully be able to bond out of jail and you will be given a new court date. However, if you are unable to bond out of jail because the bond amount was too high, or you were not given a bond at all, you have the right to come before the Judge who will be presiding over your case for either a Bond Hearing or a Bond Reduction Hearing.

Your next court date, whether you are in or out of custody, is called an Arraignment. Your charges will be formally read to you again, and you will enter a plea of not guilty, no contest, or guilty at that time. Involving an attorney at the earliest stage of the proceeding is invaluable, as it gives your attorney ample opportunity to negotiate with the State Attorney so that your case may possibly be resolved by your Arraignment day. However, understand that most people do not, and should not, plea at arraignment.

If you plea not guilty at Arraignment, you will get a second court date, most commonly known as a Docket Call day. It is between the Arraignment and Docket Call that your attorney will be vigorously preparing your defense, whether it be through a Motion to Suppress, a Motion to Dismiss, or other various motions and legal defenses. Your attorney will also be participating in the discovery process and may already be setting depositions in your case to determine what all the listed witnesses are going to say against you. If you are wanting to take your case to trial, your attorney will then set a trial date from the Docket Call if they are prepared to go to trial at that time.

Being charged with a crime is going to be one of the most profoundly difficult times in your life, if not the most difficult. You are going to want an attorney by your side who is going to vigorously defend your rights all the way to the end. You are going to want an attorney who will do everything ethically within their power to ensure that you receive a just result in your case. You are going to want Ashley Minton to be your attorney.

Family Law

Whether you are going through a divorce, dealing with child custody issues or visitation, seeking spousal support or child support, or wanting to adopt a child, Minton Law, P.A. will be there for you every step of the way with Family Law in Florida.

Dissolution of marriage is an extremely stressful process, especially when you are unable to reach an agreement and are required to attend court proceedings and / or trial. As compared to other legal issues, family law cases are more sensitive and unique to the parties because you are dealing not only with your life, emotions, and future, but often times with your children’s as well. Although these proceedings can be extremely emotional and stressful, the majority of cases do not result in a trial. The Court will require the parties to attend mediation prior to trial in an effort to resolve the issues.  Coming to an agreement with your spouse will not only reduce legal expenditures, but will also allow you to take an active role in finalizing your case, speed up the process, and reduce the stress on yourself and your children. If the issues are resolved a trial is not required. If you are unable to reach an agreement with your spouse, it is important to have an aggressive and experienced attorney to represent you through the trial process. It is imperative to involve an attorney at the outset of your case to ensure an expeditious and just result.

Minton Law, P.A. can help you with the following issues:

• Divorce
• Child custody/visitation
• Alimony/child support
• Dealing with a spouse who is not in compliance with a court order (for instance, not paying child support).
• Modifying a court order
• Paternity
• Adoption
• Other family law related issues.

Personal Injury

Whether you or a loved one have suffered a minor, major or catastrophic injury, Minton Law, P.A. will give each case the complete attention and service that it deserves.

We want to know and understand your specific concerns, what you are going through, and how we can best meet your needs. The filing of a claim can be a difficult process, and the attorneys at Minton Law, P.A. will help to gather evidence, document your case, and find you the appropriate medical attention and treatment as soon as possible. See what our Personal Injury Lawyer in Florida can do for you! Insurance companies have attorneys who work hard to see that you receive as little compensation as possible, which is why it is so important to have competent legal counsel on your side who will work aggressively to see that you recover all possible compensation under the law. Some of your damages may be pain and suffering, lost wages, future wages, past medical bills, future lost earnings, among others. If you have suffered an injury due to any of the following, please call to set up a free consultation. Cases are taken on a contingency basis, so that you are not required to pay for attorneys fees out of pocket. We don’t receive a fee unless you receive a settlement. In addition, our law firm often works in conjunction with our of-counsel attorney, Hugh Eighmie. While this will add another person to the team of lawyers working for you, it will not increase or change your fee.

Our firm handles personal injury cases in the following areas:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Boat accidents
• Slip and Falls
• Dog and animal attacks
• Food poisoning

Appeals

It is of the utmost importance that you hire an experienced attorney to represent you on your appeal. You need an attorney with the requisite know-how to argue efficiently and persuasively to the Appellate Justices why mistakes were made in your original case, and why the verdict should be overturned. Find experienced Appeals and Post Conviction

Appeals

• Criminal Appeals (from felony, misdemeanor, or juvenile convictions-whether after trial or after a plea)
• Civil Appeals
• Motions for Belated Appeals
• Motions to Withdraw Pleas (both before and after Sentencing)
• Writs of Mandamus
• Writs of Prohibition
• Writs of Habeas Corpus
• 3.850 Motions (alleging ineffective representation on the part of your former attorney)
• Motions to Modify Sentence
• Motions to Modify Probation
• Motions to Mitigate/Reduce Sentence
• Motions to Correct Sentencing Errors
• Motions to Vacate Sentence
• Motions to Seal or Expunge Your Record

Attorneys in Florida at Minton Law P.A. There can be a whole host of reasons why your case should be reversed including, but not limited to the following:

•  that the Trial Judge may have excluded evidence that the jury should have been allowed to view or hear
• that the Judge permitted evidence that the jury should have not been allowed to view or hear
• that an attorney, either your attorney or the attorney representing the other side, may have made an improper argument that impermissibly influenced the jury
• that your attorney or the attorney representing the other side engaged in misconduct
• that your attorney did not represent you effectively
• that the Trial Judge erred in not granting a Motion for Mistrial
• that the Trial Judge erred in not granting a Motion for Judgement of Acquittal
• that the jury returned an inconsistent verdict, or perhaps there was juror misconduct or jury tampering.