Criminal Law.
When you have been arrested for or charged with a crime, the importance of hiring an attorney cannot be overstated. The likelihood of conviction is too great and the expected and unexpected consequences of being convicted are too serious. Don't waste valuable time passively hoping your case will go away; take action to protect yourself by contacting an experienced defense attorney today. Early intervention often yields the best results.
If you currently find yourself caught in the criminal justice system, you must protect your rights. The police have likely already arrested you, and now the prosecutor is putting together a case to convict you. Neither is on your side or overly concerned about your rights. The goal of law enforcement is to uphold the law by arresting people they believe have committed a crime. However, all too often their reports only contain one side of the story. The goal of the prosecutor is to convict people they believe have committed a crime. Again, when only one side of the story is told or known, your risk of conviction goes way up.
Attorney Ryan M. Albaugh is a former prosecutor who will aggressively protect your rights. Ryan's experience prosecuting criminal cases from simple misdemeanors to serious felonies has given him an in-depth knowledge and understanding of how the State Attorney prosecutes people. Having been on both sides contributes to Ryan's ability to successfully advocate for and defend his clients.
Contact Ryan today for your free initial consultation.
If you have been arrested for DUI (Driving Under the Influence of alcohol or drugs), you likely have many questions about what will happen next and the possible consequences if you are convicted. Depending upon the specific facts of your case and your criminal history, the State Attorney may file misdemeanor or felony charges against you in court.
Attorney Ryan M. Albaugh will employ a comprehensive approach to defending you against DUI charges. He immediately commences a thorough investigation following your arrest. By obtaining copies of the documentary evidence, (such as the Traffic Citation(s), Charging Affidavit, DUI Investigation Report, Traffic Crash Report, Breath Alcohol Test Affidavit, Breath Test Operator Report, Intoxilyzer Inspection Report(s), Consent Form, Blood Collector's Report, Evidence/Property Receipt, and Witness Affidavit(s), to name a few) he can review the conduct of law enforcement, discuss with you those facts that may be missing, inaccurate or false information in the reports, and start to formulate a defense strategy. Ryan will then employ this strategy during negotiations with the prosecutor or while ultimately arguing your case to a jury.
In addition to criminal charges being filed in court, your arrest for DUI has triggered an administrative action against you by the DMV that can result in the immediatee suspension of your driver's license. Unless the proper paperwork is filed within 10 days of your arrest, this suspension will go into effect. Ryan understands the system and will file the necessary paperwork with the DMV to request a Formal Review Hearing. This will prevent the suspension of your driver's license and provide Ryan with an important investigative and evaluative opportunity.
The penalties for DUI can range from 15 years in prison, for DUI Manslaughter, to the following in more common misdemeanor DUI cases:
- 12 Months Probation
- Fines and Court Costs
- Community Service Hours
- DUI School
- Mothers Against Drunk Driving Victim Impact Panel
- 10-Day Vehicle Impound
- Driver's License Revocation (the duration of which varies from 6-12 months)
There can also be enhanced penalties, including increased fines and jail, for 2nd and subsequent DUI convictions, as well as cases where your Breath or Blood Alcohol level was over 2.0.
DUI cases are factually and scientifically complex, and can lead to severe real life hardships for people arrested and convicted. Having handled hundreds of DUI cases as a prosecutor and defense attorney, Ryan has the experience and expertise to protect your rights and defend you against the DMV and in court.
Contact Ryan today for your free initial consultation if you or a loved one is facing DUI charges.
The most common driving offense is Driving While License is Suspended or Revoked. Some people lose their license because of other offenses, such as DUI; Others lose them for failing to pay traffic tickets or child support. Whatever the reason, multiple convictions can lead to felony charges and you being designated as a Habitual Traffic Offender and having your license revoked for 5 years. The importance of hiring an experienced attorney to defend you against what may appear to be an insignificant offense cannot be overstated.
Some of the other more common driving offenses include, Driving Without a Valid License, Reckless Driving and Leaving the Scene of an Accident. If you have been arrested for one of these crimes, your freedom is in jeopardy from the court system, your license is in jeopardy from the DMV, and your wallet is in jeopardy from your insurance company. Depending upon the specific facts of your case and your criminal history, the State Attorney may file misdemeanor or felony charges against you in court.
Attorney Ryan M. Albaugh understands the wide range of issues facing someone arrested for a driving offense. He will work quickly and aggressively for you to minimize or avoid those negative consequences. Under some circumstances, Ryan may even be able to help you remove your designation as a Habitual Traffic Offender (and the 5 year revocation you are suffering) if that has occurred.
Contact Ryan today for your free initial consultation if you or a loved one is facing charges related to a driving offense.
In the State of Florida, Battery is defined by "actually and intentionally striking another person against their will; OR intentionally causing bodily harm to another person". Domestic battery is when it involved a spouse, former spouse, relative, people who live together or formally lived together as well as people with children together. In Florida, your 1st Domestic Battery charge is a misdemeanor. Your 2nd, and subsequent Battery charges (of any kind, domestic or not) is a felony and is frequently charged that way by the State Attorney.
Attorney Ryan M. Albaugh spent over 4 years as a domestic violence prosecutor. He understands the way prosecutors approach these cases and how to help couples who never intended for an incident to lead to criminal charges successfully navigate the system. Ryan knows how to help victims express their current feelings about the case to the prosecutor and request that the no-contact order be modified to no-violent-contact. Failing to address the no-contact order can have a devastating impact on families and their finances if one spouse is forced to live elsewhere during the case.
Ryan also knows what facts to look for while investigating domestic violence cases and how to exploit shortcomings in the prosecution's evidence to ensure the most favorable result possible for his clients. Other than dismissal of the charges, another favorable result is the offer to participate in a diversion program. Ryan will explain the specifics of how diversion works and how your successful completion of the program will avoid this incident appearing on your criminal record.
Contact Ryan today for your free initial consultation if you or a loved one is facing charges related to battery or domestic battery.
INJUNCTIONS (RESTRAINING ORDERS)
Injunctions for Protection, better known as restraining orders, are court orders restricting a person's behavior. The most common types of injunctions are Domestic Violence, Repeat Violence, and Dating Violence. Each require different facts to be valid, and unfortunately are often used as leverage during family law matters such as divorce. The impact of having an injunction placed against you can be devastating. An injunction can prevent you from returning to your home and family, maintaining or obtaining certain employment, and volunteering at your kids' school or activities. Having an injunction against you also leaves you vulnerable to arrest if the protected person claims you violated the terms and conditions of the injunction.
Injunction hearings are like mini-trials in front of a judge and typically come down to the credibility of the witnesses. If an injuction has been filed against you, you do not have a right to a government appointed attorney to defend you. Accusers, on the other hand, do receive free representation in most cases. As such, it is extremely ill-advised for you to try and defend yourself at an injunction hearing.
Attorney Ryan M. Albaugh has been successful in defending clients against injunctions because of his background as an experienced trial attorney. Ryan will work with you so you are comfortable while testifying and can tell your side of the story. He will also investigate the allegations against you and the accuser's background so he can aggressively cross examine them when they testify.
Contact Ryan today for your free initial consultation if you or a loved one has been served with an injunction.
Drug offenses are very common and can carry severe penalties. Whether you have been arrested for simple possession of marijuana or sale of cocaine within 1000 feet of a school or church, you should consult an experienced attorney immediately to discuss the possible penalties you are facing (in addition to jail time, many drug offense convictions result in drivers license suspensions) and the defenses you may have to the charges (whether you had actual or constructive possession of the drugs, and if the drugs were found during an illegal search can lead to dismissal of the charges).
If you have been arrested for selling drugs, chances are you either sold to an undercover law enforcement officer, or were video or audio taped selling to a confidential informant. This does not mean you have no choice but to plead guilty. To the contrary, attorney Ryan M. Albaugh can review the evidence and investigate the facts with an eye towards formulating a defense.
If possession is the charge you were arrested for, it is important to make sure the State Attorney does not file more serious possession with intent to sell charges. Ryan will contact the prosecutor and try to avoid such filings. He will also explore the other defenses you may have to the charges altogether.
Contact Ryan today for your free initial consultation if you or a loved one has been arrested for a drug charge.
If you have been arrested for a theft crime, it is important to understand the short and long-term consequences a conviction may have on you. In the short-term, your conviction can lead to substantial jail time, probation and fines. In the long-term, because theft is considered a "crime of dishonesty" your credibility is immediately in question and you may be prohibited from obtaining employment where you would handle money or valuables. For these reasons, even if you have only been charged with simple shoplifting, you owe it to yourself to have an attorney on your side to protect your future.
The value placed on the items stolen determines whether you will be charged with a misdemeanor or a felony. It is not uncommon for victims of theft crimes to inflate the value of the stolen property or add to the list of missing items. This can lead the State Attorney to file felony charges against you and seek felony penalties. Attorney Ryan M. Albaugh will investigate the reported loss and aggressively question the victim regarding the items reportedly missing and the value of each. This can often lead to the reduction of a felony charge to a misdemeanor.
Ryan has an undergraduate degree in finance, so if your case involves employee embezzlement or other complex financial issues he is well equipped to represent you. He understands business accounting and financial statements and can make them understandable to a jury if necessary for your defense.
Contact Ryan today for your free initial consultation if you or a loved one has been arrested for a simple shoplift, a common property theft, or a complex business embezzlement.
It is more likely that you are reading this section because your friend or family member is currently in jail after being arrested for a violation of probation than you are reading this because you have been accused of violating your probation. The reason for this is that most probation violations lead to immediate jail time and often leave people sitting in custody without a bond, and looking at waiting weeks for their arraignment. This situation demands an experienced attorney to help navigate the system.
Attorney Ryan M. Albaugh knows the system and how to maximize the likelihood of getting a bond set so you, your friend, or loved one can get out of jail. He will contact the people the Judge wants to hear from and file a motion describing why justice demands setting a bond.
Whether the alleged probation violation(s) involve a new crime or a technical violation (such as a dirty drug test, or failure to pay fees, do community service, or report to the probation officer), Ryan will conduct a thorough investigation to determine if the prosecutor can prove the allegations. The nature of the violation(s), the strength of the evidence against the probationer, and the number of previous violations will determine the ultimate consequences of the case. Having an aggressive attorney like Ryan on your side can mean the difference between being home with your family and sitting in jail wondering if you will have a home to return to.
Contact Ryan today for your free initial consultation if you or a loved one has been accused of a probation violation.
If your child has been detained for committing a crime, you likely have many concerns and questions about how to best help them. In that sense, you are not alone. The stated goal of the juvenile justice system is to educate and rehabilitate (rather than punish) juveniles who find themselves charged with crimes. That being said, it is still very important that your child have an experienced attorney representing them to ensure that your child's rights are protected and their future is not compromised.
Attorney Ryan M. Albaugh understands the lasting effects a juvenile conviction can have. He also recognizes that you as the parent may have concerns about your child's behavior (drug or alcohol use, anger issues, etc.) that can be addressed in the ultimate resolution of the case. In short, Ryan will be a valuable ally as you try to protect your child's rights, and give them the best tools and resources available to mature into the best adults they can be.
Contact Ryan today for your free initial consultation if your child has been detained and/or charged with a crime.
POST ARREST, PRE-FILING INTERVENTION
If you were recently arrested, your window of opportunity to have an attorney intervene on your behalf and try to persuade the State Attorney to file less serious charges or prevent them from filing charges against you at all, will soon be closing. After you were booked into jail, the police report was sent to the State Attorney's Office. Absent intervention on your behalf by an attorney, the only analysis conducted by the State Attorney is whether the report provides sufficient evidence to charge you with a crime. All too often people wait to see what the State Attorney will do, hoping that somehow their version of events will magically appear in the police report. This is a bad idea, especially in more serious cases such as felonies. Typically, the one-sided report leads to a rubber stamp filing of the charges you were arrested for.
Attorney Ryan M. Albaugh is well aware of this crucial time in your case. He will investigate your case and meet with you to determine what facts, not appearing in the police report, could lead to the filing of less serious charges or none at all. He will be your voice, telling the State Attorney your version of events; The version the police officers who arrested you seemed less than interested in hearing.
An arrest does not have to automatically lead to charges being filed against you. Having an experienced and aggressive attorney on your side can increase the likelihood of your case being resolved before charges are filed. Ryan has been successful in preventing serious and sometimes embarrassing charges from being filed against many of his clients.
With only a short amount of time to prevent a charge from being filed, it is important that you contact Ryan today for your free initial consultation.
OUT-OF-TOWN/TOURIST DEFENDENTS
Florida is a popular vacation destination for people from all over the country and the world. Tourists visiting our state are not immune to being arrested or convicted of a crime. The most common of which are DUI, Disorderly Conduct, Drug Possession, Prostitute Solicitation, Assault and Battery.
Attorney Ryan M. Albaugh has represented many out-of-town defendants and understands the concerns of handling a case for someone who resides outside of the state of Florida. He knows it is important to you that he appears for you in court so you don't have to return to Florida unless it is absolutely necessary. Ryan will act quickly to get a bond set if you are in custody, after all you are probably overdue back home. Once you get home, you can feel secure in the fact that Ryan is here protecting your rights and aggressively pursuing the best possible outcome in your case.
Contact Ryan today for your free initial consultation if you or a loved one is facing criminal charges but lives out of the area.
SPEEDING & OTHER TRAFFIC TICKETS
If you have received a traffic ticket, there may be far-reaching effects you have not considered. By simply paying your traffic ticket you will be assessed points on your driver's license. If you get too many points in a short period of time, your driver's license will be suspended. If you get too many convictions for certain violations within a period of time, you will be declared a Habitual Traffic Offender and have your driver's license revoked for 5 years. For all these reasons, it is important that you have an experienced attorney on your side.
Attorney Ryan M. Albaugh regularly files motions on behalf of clients seeking to avoid any points being assessed against their driving record. He also appears in court for clients whose traffic ticket requires a court appearance. The most common violation of this kind is a speeding ticket for going 30+ mph over the posted limit.
Ryan can also handle the sensitive nature of cases involving drivers with commercial drivers' licenses, and out-of-state drivers who need a reduction in their speed to prevent their home state from suspending their license. He understands the system and can often successfully protect his clients' privilege to drive.
Contact Ryan today for your free initial consultation if you want him to appear for you in court or prevent points from going on your driving record.
SEALING/EXPUNGEMENT OF CRIMINAL RECORDS
Let's face it, we have all made mistakes. However, the law provides a way to hide those mistakes from public view in many cases. Whether you qualify to either seal or expunge your record depends upon the specific facts of your prior arrest and/or conviction.
Attorney Ryan M. Albaugh has assisted many clients with sealing and expunging their criminal history. This has helped them avoid the embarrassment of having a potential employer, school, or volunteer opportunity learn about their past.
The rules related to the sealing and expungement of criminal records are completely controlled by statute. Once Ryan determines you qualify, he knows how to assemble the necessary documents, deliver them to the appropriate governmental agencies, and ultimately petition the court to seal or expunge your record. This all takes time, however, so do not delay in contacting Ryan.
Contact Ryan today for your free initial consultation if you want to finally put your past behind you.
Few things can leave you feeling as helpless as having a friend or loved one sitting in jail with no bond. This feeling is often magnified when you learn that the first time they will see the judge or can ask for a public defender is weeks, sometimes months away. Your friend or loved one deserves more; they deserve experienced representation from attorney Ryan M. Albaugh.
Another reason you may be reading this section is that you have learned that a warrant for your arrest exists and that it carries a no-bond provision. You know turning yourself in will look better to the judge, but cannot bring yourself to do it knowing that you may find yourself in the position of the people described above...sitting in jail waiting weeks or months for your court date.
Ryan knows the system and how to maximize the likelihood of getting a bond set or reduced so you, your friend, or loved one can get out of jail. He will contact the people the Judge wants to hear from and file a motion describing why justice demands setting or reducing a bond. In many cases, Ryan can accomplish this prior to you turning yourself in. That way, you know what your bond is and can make arrangements to pay it before turning yourself in.
Contact Ryan today for your free initial consultation if you or a loved one needs a bond set or reduced.
RYAN M. ALBAUGH
Attorney at Law, P.A.
1301 Plantation Island Dr. S.
Suite 202B
Criminal Law:
DISCLOSURE: This website is designed for general information only. The information provided should not be construed to be formal legal advice nor the formation of an attorney-client relationship.
