Claimed Lawyer ProfileQ&A
- White Collar Crime
- Criminal Law
- DUI & DWI
- Personal Injury
- Entertainment & Sports Law
- Immigration Law
- Arbitration & Mediation
Additional Practice Area
- Federal Criminal Defense
- Free Consultation
In most cases I will provide a free telephonic or office consultation.
- Credit Cards Accepted
I use Law Pay- I believe they take most credit cards
- Contingent Fees
In negligence or personal injury cases
- Rates, Retainers and Additional Information
For most criminal cases I set flat fees or sometimes I agree to hourly rates depending on the work that needs to be done.
Jurisdictions Admitted to Practice
- 6th Circuit
- Federal Circuit
- University of Miami
- J.D. (1974) | Law
- University of Michigan - Ann Arbor
- B.A. (1971) | History
- Tennessee Bar # 026140
- - Current
- Florida State Bar # 178570
- - Current
Websites & Blogs
- Law Office of Lawrence Arnkoff
30 Questions Answered
- Q. Does the defendant need legal counsel during grand jury proceedings?
- A: My answer may be little unconventional but I think it is practical. I have represented quite a few clients in federal grand jury matters. In state cases the defendant either agreed to bind the case over voluntarily, a general sessions judge bound it over at a probable cause hearing or the District Attorney submitted it to the Grand Jury after a general sessions judge found no probable cause. The defendant will not in most cases appear before the grand jury but there are occasions when they can petition for permission to do so. You are really trying to figure out if it is prudent to give a retainer to the lawyer before the grand jury meets. It is a very good question. Since the defendant will almost certainly be indicted perhaps the attorney is quoting the retainer fee for representation when the indictment is actually filed. I would suggest you wait until the indictment is filed before retaining the attorney or you have the attorney put a clause in a written fee agreement that in the event the grand jury declines filing an indictment the retainer will be refunded immediately.
- Q. My daughter is 17 and was written a citation to appear in court for shoplifting. What I can I expect to happen?
- A: I agree with my fellow counsel who have already posted that you should seek out an experienced criminal attorney for your daughter. In today's world if someone has criminal history it can impact them in in a negative manner for years to come. Finding the right attorney should reduce your stress levels and hopefully resolve your daughter's case without a conviction.
- Q. My roommate wants her boyfriend to move in with us. I have a young daughter so Did an arrest and backgroun check on him.
- A: Your intuition regarding letting this man move in is correct. Nothing about the situation or his background would lead you to conclude it would be prudent to expose your daughter and yourself to take that risk. Not having his criminal history in front of me I can't say for sure what is on it but any category that shows department of corrections would most likely mean he has spent time in custody. Trust your instincts and ask both of them to relocate.
- Q. I am a fireman that just got charged with simple possession. I've never been in trouble before and seeking Diversion.
- A: Diversion requires a plea of guilty however the Court withholds adjudication of guilt while you complete the conditions of your supervision. If you are successful the case eventually gets dismissed and you can seal your record. If you are unsuccessful you will wind up with a conviction. A better alternative would be to seek a retirement of the charge. That does not require a plea of guilt. A retirement on simple possession can last a year and include conditions similar to a diversion. After one year if you have not incurred a new case you can move to seal your record. If a conviction of the simple possession is what will cost you your job then a diversion would stop that. If merely pleading guilty will cost you your job try to negotiate a retirement.
- Q. I am looking for information on how to obtain my Pre sentence investigation report from 2001.
- A: I am assuming from your question that you have a federal conviction. If so your PSR should be available at the U.S. probation office in the district your were sentenced. Also the attorney who represented you at the time should have a copy. If that fails you could file a pro se motion in that court asking the Judge to have the clerk of the court release a copy of the PSR to you. Since it is not public record the clerk cannot release it without a court order.
- Q. In federal court, if violated for failure to report with 11 months left on a 5 year term, how much time can they receive
- A: I would need more information to answer this with any certainty. I do not practice in the Eastern District where the violation occurred but in the Middle District it would be highly unlikely any period of incarceration would be imposed. Knowing what the guideline range is for the violation will tell you how much incarceration is possible. I had a client recently fail several drug screens, testing positive for marijuana. Probation filed the violation but agreed to recommend holding off any punishment for ninety days. During that time my client was screened multiple times without testing positive. After the 90 days we reached a joint recommendation with the Government to recommend a dismissal of the violation. Depending on how severe the individual's substance abuse problem is his or her attorney should be able to negotiate some alternative to jail and maybe seek early termination of supervised release.
- Q. Who do I pay the money to to get my car back. I’m trying to see what I have to do. I’m lost! My car got seized
- A: In Tennessee if you have to pay anything to have your vehicle returned in a forfeiture procedure it will be to the seizing law enforcement agency for the settlement and the administrative costs are paid to the clerk of the Department of Motor Vehicles and Highway Safety. Customarily the attorneys for the DMVHS will negotiate what is considered to be a "buy back" amount based on the offense and the value the vehicle. If you hire an experienced forfeiture attorney he or she could possibly find there is no justification for the seizure and litigate the matter before an administrative judge. If you visit my website you will see I have experience in forfeiture work and I would be glad to offer you a free consultation. My contact number is on my website.
- Q. can a person with no priors, not an addict, be forced into impatient rehab based on an officer judging her looks?
- A: I don't think you have a complete understanding as to what is going on in the criminal matter you have questioned. A law enforcement officer has no authority to compel an individual into residential rehabilitation. From what little facts you have given I will guess that that at some court appearance on the drug case a recommendation was made for residential treatment. Usually those recommendations come from defense counsel, the prosecutor, or the probation department. Only the judge can impose residential treatment as a condition of a pre-trial release or a condition of a sentence. If the defendant has an attorney the attorney should investigate the need for residential treatment and be prepared to show the judge the treatment is or is not necessary.
- Q. Was assulted in my front yard, resulting in broken bones reconstructive surgery, stitches and concussion.
- A: You have two avenues available to you. The first has already commenced because the state has filed criminal charges. That is crucial to any possibility of your recovering for your damages. If the person is convicted the Judge must impose restitution for your injuries. The second avenue is hiring an attorney to file a civil lawsuit and you should consult with one who specializes in personal injury work. Unfortunately many times you can obtain a judgment against the one who injured you but he doesn't have any assets or insurance. An attorney can investigate that for you before filing suit. The restitution from the criminal case should put pressure on the person throughout the length of their sentence. After that the judge can convert the restitution order into a civil judgment. Good luck.
Contact & Map