LAW OFFICE OF
MADISON
HOWELLER

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A word from your criminal defense attorney

Madison Howeller, a native Floridian and Volusia County resident comes from a family of attorneys. After earning a Bachelor's in Advertising from UCF and working in the advertising industry in Chicago, Madison returned to Florida to pursue law, graduating in the top ten of her class from Barry Law School in 2020. Following a stint at the Seminole County State Attorney's Office, where she gained invaluable courtroom experience, Madison realized that her true passion was criminal defense. Now running her own practice, Madison is dedicated to helping clients navigate criminal cases across several Florida counties.

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Violation of Probation

A violation of probation (VOP) occurs when someone fails to follow the terms of their probation. In Florida, VOP cases are treated very differently from regular criminal cases. The legal protections are fewer, and the burden of proof is much lower. The state only needs to prove the violation by a preponderance of the evidence. There is no right to a jury trial or to remain silent during a VOP hearing. Hearsay evidence is often allowed, and probationers can be forced to testify. There’s no statute of limitations or guarantee of a speedy hearing. Many individuals are not entitled to bond, especially under the Anti-Murder Act. The consequences can be serious, including extended probation or jail time. An experienced attorney is critical to defending against a violation of probation.

Practice Areas

Line GraphicDUI & BUI
Line GraphicCriminal Traffic
Line GraphicSealing & Expungement
Line GraphicDrug Offenses
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Articles

Sentencing

In criminal law, sentencing is when a judge imposes punishment on a convicted defendant to ensure accountability, protect society, deter future crimes, and rehabilitate the offender, following state laws.

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Resolution Options

A criminal case may end in various ways. The following sections address the most common ways that a case may be resolved.

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Process of a Criminal Case

The life of a criminal case involves several stages. An experienced criminal defense attorney can help guide you through the process.

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Types of Pleas in a Criminal Case

If you have been charged with a crime, there are three basic pleas that can be entered to resolve your case: Guilty, Not Guilty, and No Contest.

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DUI and BUI

Driving Under the Influence is a complex crime that contemplates many intricate defenses. There are also collateral consequences including license suspension and possible enhancements. Any person facing a Driving Under the Influence charge or a Boating Under the Influence charge should retain an attorney to help them navigate those defenses and challenges with the DMV.
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Image used to represent the practice area description for Sealing and Expungement offenses.

Sealing and Expungement

In certain situations, you may be eligible to have your criminal record or arrest sealed or expunged. There are several different variations of sealing and expunging which are based on the type of outcome received in the underlying case. The process of requesting to have your record sealed or expunged is intricate and sometimes burdensome. An attorney experienced in this area can help inform you if you are eligible for sealing or expungement and walk you through the process.
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Criminal Traffic

Criminal traffic cases include Reckless Driving, Fleeing and Eluding, Leaving the Scene, and Driving Under the Influence. Each involve battles with the criminal court system and the DMV. They also have certain mandatory penalties and can also be enhanced. An experienced attorney can help you to challenge the evidence and fight to keep your driving privileges.
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Drug Offenses

There are differences between the crimes of Drug Possession, Drug Distribution, and Drug Trafficking. These differences are based on the type of drug, amount, and weight. Sometimes, the State Attorney’s Office does not have the requisite proof to proceed on the crime charged. There may be additional defenses available based upon the legality of the search and seizure that led to the discovery of the drugs.
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