Vero Beach Criminal Defense Lawyer

State Charges or Federal Charges: Which Page Do You Need?

Most arrests in Florida are state cases.  If you were arrested by the Vero Beach Police Department, the Indian River County Sheriff’s Office, the Sebastian or Fellsmere police, the Indian River Shores Public Safety Department, the Florida Highway Patrol, or the Florida Fish and Wildlife Conservation Commission, you are probably facing state charges under Florida law, prosecuted by the State Attorney’s Office.  Accordingly, this page is for you.

If federal agents were involved (FBI, DEA, ATF, Homeland Security Investigations, IRS Criminal Investigations), or you have received a target letter or a grand jury subpoena from the U.S. Attorney’s Office, then your case is probably based upon federal charges and may be heard in the Fort Pierce Division of the U.S. District Court for the Southern District of Florida. That is a different court with different rules, and it is covered on our federal criminal defense page.

Gregory Heritage handles both state and federal cases.  If you are not sure which system you are in, call and we will sort it out on the phone.

Where Your Vero Beach Criminal Case Will Be Heard

Indian River County is part of Florida’s Nineteenth Judicial Circuit.  This Circuit consists of Indian River County,  St. Lucie County, Martin County, and Okeechobee County.  State criminal cases arising in Vero Beach, Sebastian, Fellsmere, Indian River Shores, and unincorporated Indian River County are prosecuted by the Office of the State Attorney for the Nineteenth Circuit.

Which courtroom depends on the level of the charge:

• Felonies go to circuit court.  A felony is any offense punishable by more than one year in prison.
• Misdemeanors and criminal traffic offenses go to county court. The maximum sentence on any misdemeanor is one year in the county jail.

State Criminal Charges We Defend 

Heritage Law Firm handles the full range of Florida state charges, including:

• DUI and DUI-related offenses, including refusal, DUI with property damage or injury, and boating under the influence, which is a regular charge on the Indian River Lagoon and Sebastian Inlet;
• Domestic violence, including battery, assault, stalking, and violation of an injunction;
• Assault and battery, simple and aggravated, including battery on a law enforcement officer;
• Drug charges, from possession through trafficking;(See our drug charges page.
• Theft, shoplifting, and grand theft, dealing in stolen property, fraud, and worthless checks;
• Burglary and trespass, including burglary of a dwelling, structure, or conveyance;
• Weapons charges, including carrying a concealed firearm without a license, possession by a convicted felon, and improper exhibition;
• Violation of probation, where the standard of proof is lower, there is no jury, and there is no automatic right to bond;
• Resisting arrest, with and without violence, and obstruction;
• Criminal traffic offenses, including driving while license suspended, reckless driving, leaving the scene, and fleeing to elude;
• Juvenile charges heard in the juvenile division.

The list above is not the limit of what the firm handles.

Veterans and Service Members Charged in Indian River County

Gregory Heritage is a retired from the United States Army with 21 years of service, and he represents veterans and active-duty service members.

The Nineteenth Judicial Circuit operates a Veterans Treatment Court designed for eligible veterans involved in the criminal justice system.  This Court’s emphasis is on treatment, accountability, supervision, and addressing issues rather than simply imposing traditional criminal sanctions.  To enter this Veterans Treatment Court, eligibility requirements and the timing of the request are factors that must be handled correctly at the outset.  A  lawyer who has spent more than two decades in uniform is in a better position than most to explain your service history to a prosecutor and a judge.

Active-duty service members should also understand that a civilian arrest can carry command and security-clearance consequences that run separately from the court case.  Those consequences need to be effectively managed at the same time.

About Gregory M. Heritage

Twenty-six years of legal experience across four states and the District of Columbia.  He has personally completed more than 1,500 cases of all types to include both federal and state criminal cases.

He is admitted to practice in Florida, in the United States District Court for the Southern District of Florida, and in the United States Court of Appeals for the Eleventh Circuit.

Heritage Law Firm is a solo practice and that is deliberate.  The lawyer you meet at the consultation is the lawyer who reads the discovery, takes the depositions, argues your motions, and stands next to you at every court hearing.

Frequently Asked Questions About Criminal Charges in Vero Beach

Do I really need a lawyer for a misdemeanor?

A misdemeanor conviction in Florida is permanent, shows up on background checks, and can cost you a job, a professional license, a security clearance, or immigration status.  A first-degree misdemeanor carries up to a year in jail.

The alleged victim does not want to press charges. Will the case be dropped?

Not automatically.  In Florida, the State Attorney files and controls the charge, not the victim.  This is especially true in domestic violence cases, where prosecutors are trained to proceed even when the complaining witness recants.

Should I talk to the police to explain my side?

Not without a lawyer present.  Officers are permitted to mislead you during questioning, anything you say may appear in the police report as police officer’s interpreation, and even honest people make mistakes about details under stress. Politely stating that you want a lawyer ends the questioning and cannot be used against you at trial.

What does a criminal defense lawyer in Vero Beach cost?

Heritage Law Firm handles state cases on either a flat fee or an hourly basis at $300 per hour, depending on the charge and the stage of the case.  There is no charge for the initial consultation.  Fees are discussed openly before you commit to anything.