Don't leave your case in the hands of an inexperienced attorney who doesn't care about you. Blaine McChesney has handled every type of criminal charge from homicide to urinating in public.

Being charged with a crime is embarrassing and frightening. More importantly, your job, personal relationships, and freedom are at stake. At a time like this you need an experienced criminal attorney to navigate the courtroom, explain your options, and mount a strong defense. When discussing your case, I will always be honest and straightforward with you to insure you are making an informed decision. Throughout my representation, you will command my personal, prompt attention and all communications will be answered on the same day. The Florida Bar Ethical Rules prohibit and attorney from promising you any particular result in a criminal case. However, with over 25 years of experience in criminal law and numerous jury trials involving almost every type of crime, I have the necessary skills to obtain the best possible result in your case. As a former major crimes prosecutor, I know firsthand the tactics used by the State and can use that to anticipate our opponent. Contact me today for a free consultation.

Don't let a DUI charge ruin your future. Ask about the possible defenses listed below....

Defending a DUI Charge
An experienced attorney can attack a DUI based on:
1. Lack of driving or control of the vehicle
2. The unlawful stop of the vehicle
3. Lack of probable cause for field sobriety exercises
4. Improperly administered field sobriety exercises
5. Lack of probable cause for arrest
6. Violation of the Accident Report Privilege
7. Improperly administered breath test
8. Improperly requested blood test
9. Breath test machine failures
10. Toxicology: expert witness to testify to blood alcohol

Note: Depending on the defense case and prior criminal history, the case may be eligible for a diversion program (resulting in a dismissal), a reduction to a reckless driving, or even a dismissal.

The process of sealing or expunging a criminal case from your record is a complex maze of paperwork that must be completed perfectly.

Wondering if you are eligible? If any of the following applies, you may NOT be able to seal or expunge your record:

1. You have been convicted of a crime (adjudicated guilty as opposed to adjudication withheld)
2. As a juvenile, you were “adjudicated delinquent” of a criminal charge.
3. You previously sealed an adult criminal record.
4. You are currently finishing a criminal case (probation, diversion, etc).

Call for a free evaluation of your case or try out the checklist on my website.

Unfortunately, not everyone tells the truth. The lies of just one person, with no physical evidence at all, can form the basis for a charge involving a sexual offense. Don't let it go unchallenged, call today for a free consultation.

Exposure:
Even brief flashes of public nudity can be treated harshly by Florida law. Indecent exposure is a first-degree misdemeanor but if someone under the age of 16 witnessed it, it can be enhanced to a “lewd and lascivious act”, a second-degree felony. Arrests can occur under this statute when streaking, mooning, urinating, sunbathing, skinny dipping, or flashing.
Common Defenses:
o Mistaken ID: Wasn’t me
o Lying Witness
o Lack of Intent: w/o lascivious, lewd, indecent, or vulgar state of mind
o Reasonable Doubt

Solicitation of Prostitution:
The crime of solicitation of prostitution occurs when a person solicits, induces, entices, or procures another to commit prostitution, lewdness, or assignation. Most of these cases are law enforcement stings either online (Backpages ads, Craigslist, etc.) or in person (undercover female on the street). Once an agreement is reached to exchange a sexual act for money, that’s solicitation. No sexual act is necessary since solicitation involves merely encouraging someone to commit a crime.
Common Defenses:
 Entrapment
 Lack of Intent: Not done for hire
 Reasonable Doubt

Traveling to Meet a Minor
In Florida, it is a second-degree felony to travel any distance with the intention of meeting a minor for sex. Usually, this involves a law enforcement sting online, with detectives pretending to be minors. Initially, they make a profile on an adult dating site saying they are somewhere around 18 to 21 years old. Then, during the online chat, they reveal they are “actually 14 or 15 years old” and wait for the conversation to turn sexual. This charge is often accompanied by other charges such as soliciting a child for unlawful sex through a computer and unlawful use of a two-way communication device. Prosecutors can seek life-long sex offender status and a lengthy prison sentence. In addition, the fact that there was no actual minor involved is not a defense to this charge.
Entrapment Defense, when law enforcement:
 Initiated the conversation
 Initiated or steered the conversation toward sex
 Pressured to talk about sex despite reluctance
 Pressured to meet despite reluctance
Other defenses include:
 Abandonment (turned the car around)
 Lack of intent : to commit sexual act / reasonable belief not a minor
 Reasonable doubt

Sexual Battery (ie, rape):
There are many forms of sexual crimes in Florida, involving acts that range from soliciting, to lewd touches, to penetration. Depending on the ages, relationships, level of sexual activity, injuries, and other circumstances, the penalties can range from probation to the death penalty.
In Florida, the legal term for rape is “sexual battery.” Sexual battery is sexual contact (oral, anal, or vaginal) with another person using their sexual organ or any object, without consent. Consent requires an active and conscious agreement to participate, which in turn requires the ability to communicate that consent without any coercion.
In the following circumstances, consent may not be valid:
o Minors: In most circumstances, minors cannot legally consent to sex.
Statutory rape charges will apply when an adult age 18 or older has sex with a minor less than 18 years or when an adult age 24 or older has sex with a minor under age 16 (so the age of consent is 16 until the adult turns 24, then it becomes 18). Minors can also be prosecuted for having sexual contact with another minor under age 16. Lack of knowledge of the minor’s age is not a defense in Florida, even if the minor lied about it.
o Mentally Defective: If severe enough they don’t really know what they are doing
o Mentally Incapacitated: Voluntarily or involuntarily intoxicated
o Physically Helpless: The unconscious or those who are asleep
Common Defenses:
 Lying Witness
 Lack of Intent: Consent (unless a minor)
 Mistaken ID / Alibi
 Reasonable Doubt