If you are facing criminal charges, virtually every aspect of your life is threatened. Your freedom, dignity, ability to sustain a career and reputation in the community may suffer irrevocable harm, and the results may change your life forever. With stakes this high, you need and deserve an experienced attorney to protect your rights and guide you through the intimidating, complex process of building the case for your defense.

As a skilled St. Lucie County, Florida Criminal Defense Attorney, I have over 10 years experience in the practice of law. For 6 of those years, I served as a criminal prosecutor which provided me with a solid foundation and keen insight that greatly benefits those who I defend. The types of criminal cases I have handled include, but are not limited to, the following:

• Drug charges: the possession, sale, distribution, manufacture or purchase of all illegal drugs, such as marijuana, methamphetamine, LSD, ecstasy, oxycodone, and cocaine; prescription fraud, and possession of drug paraphernalia.
• Violent crimes and sexual charges: domestic violence and violations of injunctions for protection, battery, assault, stalking, robbery, rape, sexual battery, child abuse, hate crimes, lewd and lascivious, burglary, kidnapping, false imprisonment, carrying a concealed weapon, exposure of sexual organs, prostitution/solicitation, and criminal transmission of HIV.
• Property crime and non-violent charges: grand and petty theft, shoplifting, worthless checks, forgery, receiving stolen property, arson, criminal mischief, vandalism, trespass, racketeering, conspiracy, fraud involving credit cards, the elderly, securities, taxes, checks, banking, unemployment compensation, medicaid, identity theft, internet / computer crimes, embezzlement, and crimes against the government and/or the state.
• Driving charges: driving under the influence (DUI), driving while license suspended (DWLS), reckless driving, and leaving scene of an accident (hit and run).
• Other matters: juvenile offenses, sealing records and expungement, violations of probation, post-conviction matters, appeals, mental competency hearings, Department of Motor Vehicle administrative hearings, and extradition.
  

When faced with a criminal charge, ultimately, the prosecution must prove the guilt of an accused beyond a reasonable doubt. As a former prosecutor, I know first-hand what it takes to do so. I understand the challenges and obstacles that both the police and the prosecution face. I know where to look for weaknesses in the prosecution’s case and will fully explore and investigate these areas. Often times, I will know your case better than even the police.

I will explore the legality of each step that the police took in order to arrest and charge you with a crime. In some cases, evidence may be suppressed due to the failure of the police to follow the law, which could result in the case being dismissed.

My goal is to get the best possible results in each case, which may mean: preventing a charge from being filed, getting a charge dismissed, taking a case to trial or negotiating the best possible deal. I will explore all options available to you and advise you of each option so that you can make the decision that is right for you since ultimately it is your future and your freedom at stake.

I will listen to you and your family because I understand the impact that criminal allegations have upon not only the accused but also the family of the accused, and that no one should be left in the dark. I educate my clients so that they are aware of their legal rights at each stage of the case. You can reach and speak directly to me when you have a question or concern about your case. I am an attorney who does not cut corners at the client’s expense and will work hard to give you the defense and the respect that you deserve.

If you or someone you know in Florida needs the skilled legal representation of an experienced Florida Criminal Defense attorney who handles criminal cases filed in St. Lucie County (Fort Pierce and Port Saint Lucie), Martin County (Stuart, Hobe Sound, Indiantown, Jensen Beach, Sewall’s Point), Indian River County (Vero Beach, Sebastian, Gifford, Indian River Shores, Wabasso) or Okeechobee County (Okeechobee), or that involve Federal charges, call Nasreen Wilkes today at 866-787-2599, or complete the contact form provided on this site to schedule your initial consultation.

St. Lucie County Criminal Defense Attorney Nasreen Wilkes started her legal career as an Assistant State Attorney in the 18th Judicial Circuit, where she served for 3 years. Later in her legal career, Wilkes was appointed as an Assistant Statewide Prosecutor for the Office of the Attorney General, where she served for 3 more years. She has lived in St. Lucie County, Florida for over 20 years, having been raised here and later returning to open her own legal practice. Wilkes accepts clients with criminal cases that arise in St. Lucie County (Fort Pierce and Port Saint Lucie), Martin (Stuart, Hobe Sound, Indiantown, Jensen Beach, Sewall’s Point), Indian River (Vero Beach, Sebastian, Gifford, Indian River Shores, Wabasso) or Okeechobee (Okeechobee) Counties, as well as Federal criminal cases.

EDUCATION:

• Emory University School of Law, J.D., 1993
• University of South Florida, B.A., 1990
  

COURTS ADMITTED:

• All Florida state courts
• United States District Court for the Southern District of Florida
  

PUBLICATION:

• “Wrongful Treatment of Haitian Refugees: U.S. Violations of Domestic and International Law,” Emory International Law Review, Spring 1993

If you or someone you know in Florida needs the skilled legal representation of an experienced Florida Criminal Defense attorney who handles criminal cases filed in St. Lucie County (Fort Pierce and Port Saint Lucie), Martin County (Stuart, Hobe Sound, Indiantown, Jensen Beach, Sewall’s Point), Indian River County (Vero Beach, Sebastian, Gifford, Indian River Shores, Wabasso) or Okeechobee County (Okeechobee), or that involve Federal charges, call Nasreen Wilkes today at 866-787-2599, or complete the contact form provided on this site to schedule your initial consultation.

Topics Covered:
5th AMENDMENT RIGHTS AND MIRANDA WARNINGS
4th AMENDMENT RIGHTS AND SEARCH WARRANTS
BAIL AND ARRAIGNMENT
DRIVING UNDER THE INFLUENCE (DUI)

5th AMENDMENT RIGHTS AND MIRANDA WARNINGS
What is a Miranda warning?
A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answer any questions.

Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.

If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect’s 5th Amendment rights. In general, anything that the suspect says after the violation is inadmissible as evidence in court.

Can I waive my Miranda rights?
Yes. If you have been arrested, and you have been given your Miranda warning, then anything that you say can and will be used against you in court.

If I am not under arrest, do I have to answer a police officer`s questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.

Can I be arrested for questioning?
No. Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for a crime. It is not advisable to speak with the police until you have first spoken with your attorney. You should ask for a lawyer or independent witness to be present during questioning.

4th AMENDMENT RIGHTS AND SEARCH WARRANTS
What is the Fourth Amendment?
The Fourth Amendment guarantees the right of people to be free from unreasonable searches and violations of privacy. The Fourth Amendment states “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.“

Does the Fourth Amendment protect all searches?
No. Before a court will even entertain the possibility that the search in question was unreasonable, the person being searched must have had a legitimate expectation of privacy. To determine whether the defendant had a legitimate expectation of privacy the courts will look at the following factors: (1) did the person subjectively or actually expect some degree of privacy, and (2) is the person’s expectation objectively reasonable, that is, one that society is willing to recognize?

What is a search warrant?
A search warrant is an order issued by a judge that authorizes police officers to conduct a search of a specific location. Before a search warrant may be issued, there must be a showing of probable cause.

What is probable cause?
This is a difficult one. There is not a bright-line rule establishing precisely what is and what not probable cause is. However, what has become apparent is that a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officers hunch, with nothing more, will not satisfy the requirements.

If a police officer knocks on my door and asks to search my home, do I have to let the officer in?
Unless the officer has a warrant, you are under no legal obligation to let the officer search your residence.

What if I agree to the search?
If you voluntarily consent to a search of your home, automobile, or person, than the officer can conduct a full search without a warrant. Anything that the officer finds can later be used against you in court.

What is the Plain View doctrine?
Police officers do not need a warrant to seize contraband that is in plain view if the officer is in a place that he or she has a right to be.

If I am arrested, can the officer search me?
Yes. Police officers do not need a warrant to conduct a search after making an arrest. After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the person.

BAIL AND ARRAIGNMENT
What is bail?
Bail is money or other property that is deposited with the court to ensure that the person accused will return to court when he or she is required to do so. Bail is not a means of punishing a defendant. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not come to court when required or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.

How does the bail process work?
When an individual is arrested for a crime in most states, that person will be taken to a law enforcement center for booking prior to incarceration. Once arrested and booked, the defendant has several options for release pending the conclusion of the criminal case: release on one’s own recognizance (no monetary pledge, cash deposit or bondsman is required), secured bond (cash deposit or pledge of property to guarantee that a person will appear for court) or no bond (defendant is denied a release pending court appearance).

What may happen when a defendant fails to appear for a court date?
The court may issue a bench warrant for his apprehension and arrest for the failure to appear upon the underlying charge, which would thus be a separate triable offense, separate and distinct from the original charge. The appropriate agency will enter each bench warrant issued on a private surety—bonded felony case into the national warrant system, the National Crime Information Center (NCIC).

What happens at an arraignment?
At your arraignment, you will appear before a judge who formally advises you of the charges against you. The defendant will enter a plea of guilty, no contest or not guilty and a date for the next hearing will be scheduled. If you are out of custody, and have retained an attorney, often times you attorney may waive the arraignment.

DRIVING UNDER THE INFLUENCE (DUI)
What is D.U.I. and drunk driving?
D.U.I. is an abbreviation for "Driving Under the Influence." A person is guilty of the offense if such person is driving or in actual physical control of a vehicle within the state and the person is under the influence of alcoholic beverages or any chemical or controlled substance set forth under the applicable statutes when affected to the extent that his or her normal faculties are impaired or when the person has a blood alcohol level of 0.08% or higher. "Drunk Driving" is a common misnomer for the crime of driving under the influence. While all individuals who drive while drunk are D.U.I., you do not need to be drunk to be considered under the influence.

What does "In Actual Physical Control of a Vehicle" mean?
This term means that the individual has had the capability and power to dominate, direct or regulate the vehicle, regardless of whether or not he or she was exercising that capability or power at the time of the alleged offense. In other words, sitting behind the wheel with the keys in the ignition may qualify as being "in actual physical control" of a vehicle even though the vehicle is not moving.

May I refuse to take a breath, blood or urine test if requested to submit to one by a law enforcement officer?
By accepting the privilege extended by the laws of this state of operating a motor vehicle, you are deemed to have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining the alcoholic content of your blood, and to a urine test for the purposes of detecting the presence of drugs, if lawfully arrested for any offense allegedly committed while driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances. However, you may refuse to take such tests unless you are involved in an accident involving serious bodily injury or death to a human being. However, refusing such tests is not without cost. The law permits the Department of Highway Safety and Motor Vehicles to suspend your privilege to operate a motor vehicle for a period of one (1) year for a first refusal, or a period of eighteen (18) months for a second or subsequent refusal. Additionally, the refusal to submit to a chemical or physical breath test, or to a urine test, upon the request of a law enforcement officer, is admissible in any criminal proceeding against you.

If the officer takes away my driver's license, for how long is it suspended?
If you have refused to submit to a lawful breath, blood or urine test, your driving privilege will be suspended for a period of one (1) year for a first refusal, or for a period of eighteen (18) months if your driving privilege has previously been suspended as a result of a refusal to submit to such a test. If you have an unlawful blood alcohol level (that is, 0.08% or above), your driving privilege will be suspended for a period of six (6) months for a first offense, or for a period of one (1) year if your driving privilege has been previously suspended. All suspensions are effective as of the date of the arrest.

How can the law permit suspension of a driver's license before any kind of trial begins? I thought criminal law required a hearing or trial before they could sentence you?
While the criminal punishment under Florida laws provides for certain safeguards before an individual may be sentenced, we must remember that driving a motor vehicle is a privilege, not a right. Because it is a privilege, the State of Florida may withdraw that privilege if it has lawful grounds to do so. THIS SUSPENSION IS SUBJECT TO A HEARINGIF ONE IS REQUESTED BY THE DRIVER OR HIS OR HER ATTORNEY WITHIN TEN (10) DAYS OF THE DATE OF THE ARREST SO IT IS STRONGLY SUGGESTED THAT YOU IMMEDIATELY CONTACT AN ATTORNEY SO WE THEY CAN TIMELY REQUEST SUCH A REVIEW HEARING.

If you or someone you know in Florida needs the skilled legal representation of an experienced Florida Criminal Defense attorney who handles criminal cases filed in St. Lucie County (Fort Pierce and Port Saint Lucie), Martin County (Stuart, Hobe Sound, Indiantown, Jensen Beach, Sewall’s Point), Indian River County (Vero Beach, Sebastian, Gifford, Indian River Shores, Wabasso) or Okeechobee County (Okeechobee), or that involve Federal charges, call Nasreen Wilkes today at 866-787-2599, or complete the contact form provided on this site to schedule your initial consultation.

When a society and its government deem that certain behavior or conduct is dangerous to citizens, or collectively damaging to society, such conduct is labeled a "crime" and is made punishable by sanctions, such as fines and imprisonment. Most crimes are identified in statutes that have been enacted by federal, state, and local government legislatures, in response to issues that affect the jurisdiction. Criminal statutes describe the type of conduct that has been deemed a crime, the mindset or intent required, and in some instances, the proper punishment.

The following is a list of definitions of some of the common areas of criminal defense practice.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. Laws in this area give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute).

DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their normal faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, and mandatory overnight incarceration. In addition, a DUI conviction may result in higher insurance premiums.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors, which carry a lesser potential sentence than felonies, typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary).

Property Crimes:
These are crimes which involve the taking of the property of another. The seriousness of the taking or theft will often determine the seriousness of the charge. Property crimes include offenses such as theft, fraud, criminal mischief, forgery, and worthless check.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused, and the risk of conviction of an innocent person is drastically higher in these cases.

Violation of Probation:
Once a person is placed under court ordered supervision in conjunction with their sentence for a criminal charge, they are subject to certain conditions. When a condition is broken or not completed, then their probation officer may begin the process to violate their probation, community control or other form of supervision. In general, the person is arrested on that violation and is entitled to a hearing on the lawfulness of the violation.

Violent Crimes:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes.

If you or someone you know in Florida needs the skilled legal representation of an experienced Florida Criminal Defense attorney who handles criminal cases filed in St. Lucie County (Fort Pierce and Port Saint Lucie), Martin County (Stuart, Hobe Sound, Indiantown, Jensen Beach, Sewall’s Point), Indian River County (Vero Beach, Sebastian, Gifford, Indian River Shores, Wabasso) or Okeechobee County (Okeechobee), or that involve Federal charges, call Nasreen Wilkes today at 866-787-2599, or complete the contact form provided on this site to schedule your initial consultation.