You can count on me for tough legal representation when you need it most.
When faced with legal issues, it is essential to find an experienced criminal defense lawyer, such as me at the Law Offices of David Mengers. I can provide you with the representation you need for a wide range of charges. Consider the list of common questions I often get about my services below, then schedule an appointment to see how I can help.
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What areas of Florida do you serve?
I primarily serve clients in Ocala and throughout Marion County, including Belleview, Dunnellon, Silver Springs Shores, and The Villages. I am also equipped to handle cases in surrounding counties and federal matters across the state.
What does "board certified" mean?
Board certification is the highest level of evaluation by the Florida Bar. It identifies me as an expert in criminal trial law. It is important to note that only a small percentage of Florida attorneys achieve this distinction, which requires rigorous testing, peer review, and significant trial experience.
Do you handle both state and federal criminal cases?
Yes. I have extensive experience defending clients against charges in Florida state courts as well as federal cases in the U.S. District Courts. Each system has its own rules of procedure and sentencing guidelines, and I am well-versed in both.
How much will it cost to hire you?
Legal fees vary based on the complexity of the case, the severity of the charges, and whether the matter goes to trial. During your initial consultation, I will provide a clear, flat-fee or hourly structure so you understand your financial commitment upfront.
Do you offer free initial consultations?
Yes. I believe everyone deserves to understand their rights before making a decision. For this reason, I offer a no-obligation initial consultation to review the facts of your case and discuss potential defense strategies.
Will I always work directly with you?
Yes. I personally oversee every case, which means you get the full weight of my 40+ years of experience working for you.
Do you handle both felonies and misdemeanors?
Yes. We defend clients against the full range of charges, from second-degree misdemeanors like petty theft to first-degree felonies and life-capital offenses. No case is too small for a dedicated defense, and none is too complex for my experience.
Can you help with cases involving juveniles?
Yes. The Florida juvenile justice system focuses more on rehabilitation than the adult system. I have specialized experience navigating juvenile court to protect your child’s future and keep their record as clean as possible.
My license was suspended after a DUI arrest. Can I still drive?
In Florida, you typically have 10 days from the date of your arrest to request a “formal review hearing” to challenge the administrative suspension of your license. I can assist you in applying for a hardship license so you can continue driving to work or school.
Can I refuse a breathalyzer test in Florida?
Under Florida’s “Implied Consent” law, by holding a driver’s license, you have already agreed to testing. Refusing a breath, blood, or urine test will result in an automatic one-year license suspension for a first refusal. However, refusing may also limit the evidence the state has against you. I can help you navigate these consequences.
I was arrested for possession of a prescription that wasn't mine. Is that a felony?
In Florida, possession of a controlled substance without a valid prescription is generally a third-degree felony, punishable by up to five years in prison. I have defended many clients in a similar situation, often getting charges reduced or diverted through “Drug Court” programs that focus on treatment rather than incarceration.
How does Florida’s "Stand Your Ground" law work?
Florida law allows individuals to use non-deadly or deadly force in self-defense without a duty to retreat if they reasonably believe it is necessary to prevent death, great bodily harm, or the commission of a forcible felony. I can file motions for immunity based on these safeguards.
Can you help with a Violation of Probation (VOP)?
Yes. VOP cases are different because you do not have a right to a jury trial, and the burden of proof is lower for the state. I represent you at the “Final Evidentiary Hearing” to argue for reinstatement or a modification of your probation rather than a return to jail.
Do you handle "white-collar" crimes like fraud or embezzlement?
Yes. These cases often involve complex financial records and long-term investigations. My experience in federal court is particularly valuable here, as many of these cases are prosecuted at the federal level.
The police didn’t read me my Miranda rights. Does my case get dismissed?
Not necessarily. Miranda rights only apply to “custodial interrogation.” If the police failed to read them, any statements you made after your arrest might be suppressed, but the case can still proceed based on other evidence. I will file a “Motion to Suppress” if your rights are violated.
Can I get my criminal record sealed or expunged?
In Florida, you may be eligible to seal or expunge your record if your case was dismissed or if you received a “withhold of adjudication” and have no other prior convictions. This process can take several months, but I can handle the entire petition for you, ensuring you have the support you need and deserve.
What is the first thing I should do if I’m being investigated?
Exercise your right to remain silent and contact an attorney immediately. Do not try to “explain your side” to the police; anything you say can and will be used against you. Let me handle all communication with law enforcement on your behalf.