Criminal Defense Overview

Victor D. Martinez practices state criminal defense work (in Florida) and Federal criminal defense work. He handles cases in which individuals have been charged with narcotics offenses, white collar crime, and other serious criminal offenses. We help clients at the earliest possible stage of a case, including before charges are ever filed and in grand jury investigations, often resulting in no charges being filed or charges being dismissed. Of course, we also provide strong, effective advocacy at trials and appeals and have achieved a record of success including an impressive history of not guilty verdicts.

The Following is a brief overview of the way a criminal charge is developed. If we can help you in any of these areas, please give us a call.

Pre-Charge Phase

If Mr. Martinez is brought in early, we are often able to conduct our own investigation and deal directly with the prosecutor, often influencing what charges are filed or sometimes even preventing any charges from being filed at all. If charges are filed, they appear on your record, and it then becomes more difficult to have the charges dropped or dismissed.

Grand Jury Investigations

Grand jury investigations are under the tight control of the federal prosecutor, who may take years building a case before bringing his or her evidence to the grand jury and asking for a formal indictment or charge to be issued. If you are called to be a witness in a grand jury investigation, you may also receive a notice letting you know whether you are a target or subject of that investigation. Grand jury investigations and testifying before the grand jury are complicated procedures, full of pitfalls and traps for attorneys and clients who are unfamiliar with the process. We can help by finding out what your status is in the investigation and advising you appropriately regarding your rights and options.

Federal Criminal Defense

Our practice is heavily weighted in the area of federal criminal defense, particularly dealing with cases in the area of fraud, drug charges, and white collar crimes as described below. Federal criminal law is created by statute, and many offenses are shaped through lengthy, complicated legislation, as opposed to state-level offenses, many of which are based on centuries-old common law principles. Also, a federal trial is quite distinct from a state court trial and the presence now of advisory federal sentencing guidelines raises the stakes tremendously.

Drug Charges

Mr. Martinez fights for the rights of people charged with drug crimes and narcotics offenses, including possession, distribution, sale, manufacture, or cultivation, and trafficking.

Narcotics offenses are heavily prosecuted in federal and State of Florida jurisdictions. The development of sentencing guidelines in recent years means that convicted individuals can potentially face enormous fines and lengthy prison sentences, depending upon the type and certainly the amount of drugs involved.

The federal Controlled Substances Act covers a wide range of illegal drugs, such as marijuana, cocaine and heroin, as well as prescription medicines and painkillers such as Morphine, Codeine, Percocet, Oxycontin and Oxycodone when bought or sold without a valid prescription. The penalties for conviction of a drug offense differ depending upon factors such as the type of drug and amount involved, the defendant’s criminal history, whether any force or weapons were involved, and more. In conjunction with the federal sentencing guidelines, punishments can exceed a million dollars in fines and decades in federal prison.

The state of Florida also has its own controlled substances law, which is very similar to the federal law in many respects. Florida criminal law also contains tough mandatory minimum sentences and habitual offender laws that can result in very long prison sentences for convicted offenders.

If you have been charged with a drug crime you face extreme penalties.  For instance, Florida Law requires minimum mandatory state prison sentences for some drug offenses if you are convicted – even if it is your first offense.  The State of Florida may also suspend your driver’s license for 2 years if you are convicted of a drug crime – even misdemeanor Marijuana possession.

We have extensive experience in aggressively defending drug cases including simple possession, possession with intent to distribute, trafficking, grow house and cultivation, and meth lab operations with all types of drugs including Marijuana, GHB, Cocaine, Crack, Crank, Methamphetamine, Ecstasy, Oxycontin, Heroin and more.

White Collar Crime

This is an area where Mr. Martinez’ early involvement can really make a difference in generating a positive outcome for the client. We attempt to take action before an indictment is ever filed and conduct our own investigation.  We utilize former IRS and FBI agents and other experts to assist us when necessary. If you have been approached by law enforcement or the United States Attorney for a particular district, or if you have received a formal target letter, contact us at once for personalized instruction on how you should best proceed.

Healthcare Fraud

Medical providers and patients can both be indicted for healthcare fraud for activities such as altering or fabricating medical bills and related documents, performing excessive or unnecessary treatments, claiming a false or exaggerated medical disability, collecting on multiple policies for the same illness or injury, or engaging in fraudulent billing schemes such as charging for a service which is more expensive than the one actually provided, charging for services not provided, or submitting duplicate charges.

Mortgage Fraud

Making a material misstatement, misrepresentation or omission relating to a piece of property or potential borrower which misleads a lender to funding a loan. Mortgage fraud can include submitting inflated appraisals, false loan applications, or documentation; using straw buyers, or giving or receiving kickbacks in connection with loan approval.

Wire Fraud

A scheme to defraud or obtain money or property by false pretenses using electronic communications such as wire services, radio, television, the telephone, or computers and the Internet.

Florida Domestic Violence

There are two types of domestic violence cases.  Civil Domestic Violence cases usually involve an injunction or restraining order which bars a person from contacting another or causing any harm.  Criminal Domestic Violence cases involve any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.