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Kevin J. Pitts Esq.

Kevin J. Pitts Esq.

The Law Offices of Kevin J. Pitts, P.A.
  • Criminal Law, DUI & DWI, Juvenile Law...
  • Florida
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Summary

As a former Assistant State Attorney in Daytona Beach I handled over 5,000 cases. Working as a prosecuting attorney gave me a great deal of experience in DUI, theft, domestic violence, battery, assault, driving while license suspended, juvenile crimes, drug charges, misdemeanors, motions to suppress, motions in limine, traffic tickets and trial advocacy. I was exposed to numerous criminal defense strategies. This experience taught me what works and what issues The State Attorney's office faces when trying to prove their case. As a former member of the Big 12 championship Nebraska Cornhusker football team I have the mental and physical toughness to stand up against the state and fight for your rights. The Law Offices of Kevin J. Pitts in Sanford, Florida represents the accused in Orange, Seminole, Volusia and Lake County. Cases in other counties will be considered on a case by case basis. I became a Florida Supreme Court certified family mediator in 2007. I currently focus my practice solely on criminal and traffic defense.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Juvenile Law
  • Animal & Dog Law
  • Domestic Violence
  • Traffic Tickets
  • Family Law
  • Divorce
  • White Collar Crime
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Attorney Kevin J. Pitts offers competitive fees. The facts of each case are unique and the fee charged is based on the work required. Attorney Kevin J. Pitts is happy to discuss fees during a free consultation.
Jurisdictions Admitted to Practice
Florida
Languages
  • English: Spoken, Written
Professional Experience
CEO
The Law Offices of Kevin J. Pitts, P.A.
- Current
The Law Offices of Kevin J. Pitts, P.A. focuses on defending those accused of DUI, misdemeanors, felonies, juvenile crimes, criminal and civil traffic infractions.
Assistant State Attorney
The State Attorney's Office
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As a former Assistant State Attorney Kevin J. Pitts has handled thousands of criminal law cases and hundreds of DUI's.
Education
Florida State University College of Law
J.D.
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Professional Associations
Seminole County Youth Soccer
Coach
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Activities: Coached soccer for kids ages 3-4.
Certifications
Family Law Mediator
Florida Supreme Court
Legal Answers
10 Questions Answered

Q. Fl. My 13 yr old son smacked a boy for making fun of him and charges were filed... what will happen in court?
A: You have two issues. The first is sanctions placed on him by the school. This can include suspension or expulsion. The second is court. He could be charged with battery, disorderly conduct or possibly disrupting a school function. He may have legal defenses for his actions. If he has not been in trouble before diversion might also be a possibility. The best thing to do is speak with an attorney in your area who has experience in juvenile law.
Q. Im being charged with DUI in FL. How do I know if they are considering my prior DUI in Ohio
A: Sometimes it gets over looked or is used by the prosecutor as leverage to get a plea. The classic example is the prosecutor will offer a first DUI and if it is not accepted and the case is set for trial they will request the judgement and sentence from Ohio. If they have a certified judgement and sentence or if the Ohio DUI is on your Florida driver's history it will be charged as a second. The way to find out is wait for the offer and if they say second DUI outside of five years or second DUI within five years you will know it is being used. If you have an attorney talk to them about it and they will deal with it accordingly. Even if the prosecutor misses it DMV will hit you with additional license suspension if they find out about it. The big issue is if the conviction date was within five years of your arrest date. If that is the case DMV will increase the license suspension to 5 years if they find out about the prior. Talk to an attorney and they will be able to help you with this issue.
Q. According to Florida state law, is a shipping container considered a structure - specifically in reference to burglary?
A: If the case is still pending disregard anything I say. As a juror your job is to place the facts into the law as explained to you and decide if the state has carried the burden to prove the case. The attorneys present the evidence and the Judge explains the law. As a defense attorney I can assure you the attorney is not upset that you found not guilty for another reason. Often the attorney does not know what the reason is unless a member of the jury discusses it with them. The definition of structure from Fla Jur is attached here. For burglary purposes, "structure" is defined by statute as a building of any kind, temporary or permanent, which has a roof over it, together with the curtilage thereof; however, during a state of emergency declared by the governor and within the area covered by the order or proclamation, a "structure" for burglary purposes means a building of any kind, or such portions or remnants as exist at the original site, regardless of the absence of a wall or roof. For example, a wood frame house under which the defendant crawled in order to cut and remove copper pipe constituted a "structure" within the scope of the statute defining the offense of burglary of a structure, where the house was a building and had a roof. 16A Fla. Jur 2d Criminal Law—Substantive Principles and Offenses § 1044.
Q. Will my fiance win his appeal. he was driving a car that does not belong to him and the officer found drugs
A: I agree with the previous post. Drugs in a rented or borrowed car is a defense but it is not an absolute defense. It is possible that someone rented or borrowed a car to buy or sell drugs or had no knowledge of the drugs. The facts and the way the issues are preserved for appeal along with the grounds for the appeal would all play a role. Also the court determines the law until or unless a higher court reverses the ruling. An attorney can tell you how the law has been interpreted but the only way to find out how a court will rule is to allow them to rule. The defense attorney on the case would be in the best position to advise you about the case.
Q. My boyfriend got wasted at a party, but wouldn't let me drive him home. Cops pulled us over, and I was charged with DUI
A: If you were in the passenger seat and the keys were in the car and within the passenger compartment then you could be charged with DUI. If he was in the drivers seat then he should have been charged even if it was parked with the keys not in the ignition. I cant see the passenger of a car with someone in the driver seat being in actual physical control of the vehicle. If that was the case you would have a pretty good defense for a jury trial based on the fact that they didn't arrest the person in the drivers seat. My understanding of the facts is he was driving and you were arrested for DUI or he was in the drivers seat and you were arrested. If you were in the drivers seat that is a different story and you could be arrested for dui based on actual physical control.
Q. I have an out of state warrant for not finishing probation on a dui, can i still get my original ticket number without g
A: I agree with the previous post. Your drivers license is also likely suspended as a result. If the DUI probation was not complete you might not have cleared up your license. If you did complete that part of the probation your license can be suspended for failing to appear or failing to pay your fines. If your license is suspended for any reason the state you currently reside in should honor that suspension. An attorney can help you get this resolved and might be able to get it resolved without ever stepping foot in the jurisdiction. You can probably call the clerk to get the ticket number or look it up on the clerks page online depending on the county and date.
Q. How does cross examine work?
A: The party that calls a witness asks questions on direct examination then the opposing party questions the witness on cross examination. It is limited to the scope of the direct examination and the credibility of the witness. You can lead the witness which can be a good time. It requires you to be better on your feet than direct because you react to the answers from the other attorneys questions. Its also not your witness so the answers you get are less structured or rehearsed. Here are some of the basic rules. (1) The judge shall exercise reasonable control over the mode and order of the interrogation of witnesses and the presentation of evidence, so as to:(a) Facilitate, through effective interrogation and presentation, the discovery of the truth.(b) Avoid needless consumption of time.(c) Protect witnesses from harassment or undue embarrassment. (2) Cross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in its discretion, permit inquiry into additional matters.(3) Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. Ordinarily, leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.The judge shall take special care to protect a witness under age 14 from questions that are in a form that cannot reasonably be understood by a person of the age and understanding of the witness, and shall take special care to restrict the unnecessary repetition of questions. Fla. Stat. Ann. § 90.612
Q. What is the penalty for culpable negligence? when it involves a shooting but the victim survives?
A: Culpable negligence with injury is a first degree misdemeanor punishable by a year in jail or on probation. Without injury is a second degree misdemeanor punishable by 60 days in jail or 6 months probation. If a minor obtains a improperly stored gun and hurts themselves or someone else it is a third degree felony punishable by up to 5 years in prison. Attached is the statute below. (1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(3) Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection does not apply:(a) If the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock;(b) If the minor obtains the firearm as a result of an unlawful entry by any person;(c) To injuries resulting from target or sport shooting accidents or hunting accidents; or(d) To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to 7 days after the date of the shooting. With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney's office with respect to violations of this subsection. The state attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file an information against the appropriate parties.(4)1As used in this act, the term “minor” means any person under the age of 16. Fla. Stat. Ann. § 784.05 (West)
Q. Florida's criminal mishief law is a misdemeanor exception, is there a limit on the dollar amount of damage for arrest?
A: Under $200 is a second degree misdemeanor, over $200 but under $1000 is a first degree misdemeanor and over $1000 is a third degree felony. You can be arrested for any misdemeanor and sentenced to up to 60 days jail for a second degree misdemeanor. If by exception you are speaking of 901.15(9)(b) criminal mischief is one of the misdemeanors that the officer does not have to see each and every element of the offense to make a warrantless misdemeanor arrest.
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Contact & Map
The Law Offices of Kevin J. Pitts, P.A.
747 South Ridgewood Ave., #105
Daytona Beach, FL 32114
USA
Telephone: (407) 268-3688
Telephone: (386) 451-5112
Cell: (407) 883-6853
Fax: (407) 268-3682
The Law Offices of Kevin J. Pitts, P.A.
4195 N 17-92
Sanford, FL 32773
USA
Telephone: (407) 268-3688
Cell: (407) 883-6853
Fax: (407) 732-4834