An appeal can be an opportunity to obtain justice when it was earlier denied. Trial courts are not perfect institutions and can make serious mistakes. Sometimes trial courts are faced with unsettled areas of law so that despite the judge’s decision, the losing side will have plausible grounds to appeal.
Unlike many other States, Florida has two methods for removing a criminal history record from public record: both will eliminate your criminal history from public view. Both methods require that the information be made confidential; however, not all offenses can be expunged or sealed. Miami Criminal Defense Attorney Della Fera is highly experienced and knowledgeable in both methods and will do everything to get your criminal record sealed or expunged if you qualify. Hiring an inexperienced attorney may cause delay and a lack of knowledge may cause another attorney to mistakenly tell you he/she cannot seal or expunge your record or that you are not eligible.

What to Expect

  1. Determine if you are eligible to have your record expunged or sealed.
  2. Complete and file required documents with Florida Department of Law Enforcement and the Court.
  3. This process takes 6-9 months to complete.
End the stress of constant supervision. When placed on probation, the judge will state the
Term (number of months or years) and conditions you must follow. If you violate your
Probation, you may find yourself in prison. Early termination of probation will:

  • Remove the probationer from any future sanctions which can include prison
  • Stop the outflow of money and expenses associated with probation
  • Remove all restrictions on movement and travel
  • Remove barriers to employment

What to Expect

  1. Determine if you are eligible for early termination of probation.
  2. Client will need to complete and comply with all of your special conditions, pay all court costs and fees, if applicable, and complete a minimum of half of the term of sentence.
  3. Attorney will file petition to terminate probation and litigate the motion
  4. If motion granted, discuss and begin filing petition to seal your criminal record.
A probation violation results when you do not fully comply with the conditions of your probation (though the noncompliance may not be criminal in nature). Penalties for a probation violation vary for each person and case, but the results can be severe—including the revocation of your probation and possible jail or prison time. Having the right representation in your probation violations case is crucial and Criminal Trial Lawyer Della Fera has strong relationships with many prosecutors and probation officers in the area.
Rule 3.800 of the Florida Rules of Criminal Procedures allows for certain modifications to sentencing after an individual is convicted and sentenced. These modifications may include corrections to the sentence, or reduction in the sentence such as administrative probation (“non-reporting probation”). This modification can only be instituted after half the term of probation is completed. Other common modifications include:

  • Travel out-of-county without having to get permission each time from your Probation
    Officer
  • Modification or removal of a curfew
  • Reduction of probation fee or restitution fee
  • Terminating counseling requirement

What to Expect

  1. Determine if you are eligible to receive a modification of sentence.
  2. File a motion to modify your sentence within 60 days of original sentencing.
  3. Petition Court for relief
Motions to Vacate a Conviction and/or Sentence and Writ of Habeas Corpus are opportunities to take legal action demanding release from unlawful custody or dismiss judgment. There are specific timelines and requirements in both instances. For example, if you had

  • Ineffective counsel during your trial
  • An excessive bond or are otherwise illegally detained
  • Habeas Corpus/ new Evidence

you may be eligible for one of these motions. Miami Criminal Defense Attorney Della Fera assists clients with motions to vacate convictions and sentences, as well as, petitions for Federal and State Writs of Habeas Corpus.

When it comes time to actually enter custody, most lawyers knowledge and experience end at the prison gates. If you’re afraid, and the thought of going to prison scares you, you’re not alone as Federal Appellate Lawyer Richard Della Fera can help you. Having knowledge about prison policies, prison gangs, and the politics of prison life, are the keys to surviving successfully on the inside and coming home safely.

  • Thoroughly prepare an individual for incarceration
  • Precisely list factors considered in the determination of program eligibility such as Residential Drug Treatment Program (RDAP).
  • Prison medical care and family assistance
  • Inmate transfers
  • Custody and security level analysis
U.S Court of Appeals, Eleventh Circuit
Result: Sentence Overturned. Client Avoids Prison Term. A young mother was convicted of currency transaction violation and received the maximum guideline sentence (6 months in prison) because she refused to give information regarding her husband. Miami Criminal Defense Attorney Della Fera appealed the sentence. He presented the argument that it is unconstitutional to give a greater sentence than in the guidelines and convinced the Eleventh Circuit Court of Appeals that his client’s sentence was illegally imposed by the sentencing judge. This case is notable, as it was highlighted at a national criminal law seminar as one of a fraction of cases which will have a positive, long-lasting effect for all criminal defendants in the years to come.

Fourth District Court of Appeal, West Palm Beach, FL
Result: Conviction Reversed, Released from Jail Client previously convicted of telemarketing fraud in Ft. Lauderdale and sentenced to 5 years of prison time. Client hired Criminal Defense Attorney Della Fera to appeal his conviction. Palm Beach County Criminal Defense Attorney Della Fera researched the case to find client was denied the ability to present an expert witness at his trial. Attorney Della Fera argued client was denied his constitutional rights by this court action insuring individuals accused of crimes are entitled to fairness and due process.

Third District Court of Appeal, Miami, FL
Result: Charges Dropped, No Jail Served, Avoid Deportation Client, a non-U.S. citizen, was arrested for felony cultivation of marijuana in his home in Miami and faced five years in Florida State Prison. Police claimed that client consented to the search of his home. Client hired Miami Criminal Defense Lawyer Della Fera handled the matter from the inception of the case and won a motion to suppress the search of the client’s home convincing the judge that his client’s “supposed” consent was involuntary and there was no other legitimate basis for the police to search the home. The State appealed the judge’s granting of Della Fera’s motion. Della Fera handled the appeal and upheld the judge’s decision.

U.S. Court of Appeals, Third Circuit
Result: Conviction Overturned . Client convicted of first degree murder in the US Virgin Islands and sentenced to life without parole. Client hired Federal Appellate Criminal Defense Attorney Della Fera to appeal conviction. After examining the court transcripts, Della Fera demonstrated that the trial judge’s comments about witnesses testimony and credibility during the trial were unfairly prejudicial and was successful in overturning Client’s conviction.

U.S. Court of Appeals, Third Circuit
Result: Appeal Won, Retrial Granted, Case Dismissed, Released From Jail. Client was convicted of first degree murder in the US Virgin Islands and was sentenced to life without parole. Based on a ruling overturning a conviction Attorney Della Fera obtained for a co-defendant in this case, this client’s conviction was also overturned. Client hired Miami Dade Criminal Defense Attorney Della Fera for a his re-trial which ended in a dismissal by the court during the jury trial.

U.S. Court of Appeals, Third Circuit
Result: Conviction Overturned, Released From Jail, Civil Rights Restored. Client convicted and sentenced to eleven years imprisonment in federal court for possession with intent to distribute a controlled substance analogue. Client sold candle wax to an undercover officer claiming it to be crack cocaine. The government convicted on the basis that this was a violation of the statute prohibiting the sale of controlled substance analogue. Client hired Federal Appellate Criminal Defense attorney Della Fera to argue the appeal. Della Fera researched the statute’s legislative history and argued that the intent of Congress in enacting the law was not to criminalize the sale counterfeit controlled substances but instead was meant to criminalize the sale of so-called “designer drugs.”

U.S. Court of Appeals, Eleventh Circuit
Result: Property Returned Including Numerous Vehicles. Clients were family members of a convicted defendant in Tampa who had their property seized by the government. Clients retained Miami Criminal Defense attorney Della Fera to represent them on the issue of forfeiture of property. Della Fera argued the government had not perfected its forfeiture against the innocent third party family members and that the procedures followed by the Government were unlawful.

Superior Court of USVI, U.S. Court of Appeals, Third Circuit
Result: Appeal Won, Retrial Granted, Case Dismissed, Released From Jail. Client was convicted of first degree murder in the US Virgin Islands and was sentenced to life without parole. Based on a ruling overturning a conviction USVI Federal Defense Attorney Della Fera obtained for a co-defendant in this case, this client’s conviction was also overturned. Client hired Della Fera for a his re-trial which ended in a dismissal by the court during the jury trial.

Broward Circuit Court
Result: Probation Reinstated A 34 year old Broward County man was in violation of his probation. At the initial violation of probation hearing, both the State and the Judge indicated the man would be sent to State prison. Broward Criminal Defense Attorney Della Fera was hired by the man’s parents to resolve the violation without prison time. He developed a defense strategy based on his mental health and convinced both the State and the Judge that prison time was not appropriate as his violation was a result of his mental illness.