Criminal Law

Pre Trial Diversion

As a criminal defense attorneys, we frequently identify the best possible option for each client. For many, the pretrial diversion program can provide many benefits, including the criminal charges being dropped upon successful completion of the program. Not all criminal charges are eligible for pretrial diversion. Speak with me soon to explore your options.

Criminal defense lawyer David Allen has been helping individuals throughout Central Florida. He has more than 40 years of experience identifying the most advisable strategy for each specific client. Contact us, to schedule a free consultation.

Pretrial Diversion Eligibility

Pretrial diversion eligibility can vary from county to county. The program is generally limited to first-time offenders. However, it is possible for repeat offenders to participate in some instances. Charges that are eligible for pretrial diversion include the following:

  • Third-degree felonies, excluding those involving a weapon or violence
  • Misdemeanor charges, excluding those involving a weapon
  • Second-degree felony drug charges, excluding those related to drug sales
  • Theft charges, excluding ongoing schemes to defraud

Successful completion of the pretrial diversion program results in the charges being formally dismissed. Requirements for successfully completing the program may include the following:

  • Drug counseling
  • Alcohol counseling
  • Anger management classes
  • Community service
  • Random drug testing
  • Monthly reporting to an officer

The requirements will vary for each individual, dependent upon the charges. For example, an individual charged with marijuana possession may be required to participate in drug counseling.

As your attorney, I can inform you of your rights and options under the law. Whenever possible, I will help you avoid a conviction and a criminal record.

We offer our clients a FREE CONSULTATION to discuss the legal matters they are facing. We also accept all major credit cards and offer PAYMENT PLANS for more affordable services. To schedule your consultation, call me at (352) 720-3658. You may also contact us via e-mail.

Marijuana Possession

If convicted on marijuana possession charges, you could face punishments that include jail time, driver’s license suspension, monetary fines and other penalties. Additionally, you will have a criminal record that can seriously limit your career opportunities. When so much is at stake, it is wise to seek help from a defense attorney who is dedicated to protecting your rights and future.

Criminal defense attorney David Allen as more than 40 years of experience, and can defend and protect the rights and interests of people facing drug crime charges. Contact us immediately to schedule a free consultation.

Marijuana possession charges can be brought as felony or misdemeanor charges. Each charge carries penalties that can severely limit your freedoms and future opportunities.

  • Felony marijuana possession charges: possessing 20 grams or more of marijuana, can result in up to five years in jail, a $5,000 fine and driver’s license suspension
  • Misdemeanor marijuana possession charges: possessing less than 20 grams of marijuana, can result in a year of jail or probation, a $1,000 fine and driver’s license suspension

As a commitment to our clients, we focus on building a strong defense that takes into account all aspects of the case. Attorney Allen has in-depth experience analyzing traffic stops, searches and seizures, police interrogations, arrests and other interactions with law enforcement. Attorney Allen understands that you are worried about the charges and how they could potentially affect your future, and strives to provide efficient defense services that provide you with effective and favorable results. Whenever possible, Attorney Allen endeavors to have the charges reduced or dismissed altogether.

Additionally, Attorney Allen will explore your eligibility to participate in a pretrial diversion program. Successful completion of the program will result in the charges against you being dropped and possible eligibility to have your criminal record expunged.

We offer our clients a FREE CONSULTATION to discuss the legal matters they are facing. We also accept all major credit cards and offer PAYMENT PLANS for more affordable services. To schedule your consultation, call me at (352) 720-3658. You may also contact us via e-mail.

Traffic Violations

If you have been arrested for a traffic violation, it is important you fully understand your rights. It is also important that you have an experienced criminal defense lawyer to protect those rights. Without aggressive legal representation, your future could be in jeopardy.

At Kate Miller Law, P.A., we represent drivers throughout Central Florida. With more than 40 years of experience practicing criminal law, Attorney David Allen has defended and protected the rights and interests of individuals facing traffic violations such as DUIs or Driving While License Suspended (DWLS).

If you are facing charges and are worried about how they will affect your driving record and privileges, contact us immediately to schedule a free consultation to discuss your options.

Driving While License Suspended Attorney

We defend a variety of traffic charges on behalf of my clients, including:

  • Reckless driving
  • Fleeing a police officer
  • Driving with an invalid driver’s license
  • Driving while license suspended (DWLS)
  • Vehicular homicide
  • DUI manslaughter
  • Preventing “points” against your license
  • Out-of-state representation
  • Habitual traffic offender

Driving with a suspended license is a very serious offense and can be punishable by jail time. If you are cited three or more times, you could be facing felony charges. With proper legal representation, you may be able to reduce your charges and protect your license. As your attorney, David Allen will work aggressively to ensure the necessary steps are being taken to get your license reinstated.

Although a traffic violation may seem harmless at the time, even a minor infraction can be quite detrimental to your driving record and your overall future. Depending on how many points you have on your driving record prior to your citation, you could be facing license suspension, or in more serious cases, jail time.

We offer our clients a FREE CONSULTATION to discuss the legal matters they are facing. We also accept all major credit cards and offer PAYMENT PLANS for more affordable services. To schedule your consultation, call me at (352) 720-3658. You may also contact us via e-mail.


If you or someone you love has been charged with a DUI or DWI, you should seek immediate legal representation. Missing a deadline can cost you your driver’s license!

For over 40 years, criminal defense attorney David F. Allen has helped protect the rights and interests of drivers throughout Central Florida through skilled and effective defense strategies. He has handled more than 300 DUI cases and have taken over 50 of those cases to trial.

Don’t risk losing your rights. Contact us immediately to schedule a FREE CONSULTATION to discuss how we can help.

Drunk Driving Defense Attorney

If you have failed or refused to take an Intoxilyzer test, you have only 10 days to challenge the suspension of your driver’s license. If you do not file a challenge, your license will be automatically suspended. To effectively protect your driving privileges, it is important to see a lawyer right away.

The Intoxilyzer machine is a complicated instrument that is governed by strict science. Your legal outcome depends on its results. If we can determine that the results of your test are questionable or inaccurate, the judge may exclude the results. Attorney David Allen has in-depth knowledge and strongly developed breath test defense strategies.

He is very familiar with Florida’s Intoxilyzer machine, and the scientific complications it can produce. As your DUI/DWI defense attorney, he will work to analyze your drinking pattern leading up to your arrest to determine whether or not alcohol had been absorbed into your system. This information can help to reduce charges or dismiss them altogether.

He believes that thorough, comprehensive investigations are necessary to obtain successful legal outcomes. As your attorney, he will work to gather and assess all of the facts and evidence relating to your arrest. In addition to examining your Intoxilyzer report, Attorney Allen will review your police report to determine whether your arresting officer had probable cause to pull you over, and will also determine whether you were properly given your rights at the time of your arrest. His primary objective will be to get all charges against you dismissed. However, if a dismissal seems unlikely, he will do whatever it takes to minimize your penalties, get your charges reduced or have you acquitted by a jury.

We offer our clients a FREE CONSULTATION to discuss the legal matters they are facing. We also accept all major credit cards and offer PAYMENT PLANS for more affordable services. To schedule your consultation, call me at (352) 720-3658. You may also contact us via e-mail.

Expungement/Sealing Records

What is an Expungement?

Expungement is the process of sealing or destroying court records, meaning that the record is no longer available to access and a person no longer needs to reveal the details surrounding the incident to which the record pertains. Some states may use terms such as “removal,” “destruction,” or “expunction” of records, but the overall effect is the same.

How Can YOU Benefit from Record Expungement?

The single biggest benefit of a successful expungement is that you can truthfully and legally say you were never arrested, accused or charged with a crime. It is as if the entire incident never happened and restores you to your state in life before you were ever arrested, charged or convicted.

How can our Firm help you obtain your Expungement?

At Kate Miller Law, P.A., we will help you determine if you meet the state’s eligibility requirements, research your case, file all the necessary paperwork, and represent you in Court. We are also dedicated to making this an affordable investment in your future with rates much lower than other Firms.

Expungement can have an enormous impact on your family life, your ability to secure a job, obtain a loan, or rent an apartment, etc. Without the knowledge of the laws and proper procedures, the process can be lengthy and sometimes complicated but with the guidance of a qualified expungement lawyer, it is much more likely for a timely expungement to be granted.

Criminal Appeals

A criminal conviction can result in harsh consequences. Employment opportunities, academic plans and relationships with family and friends may all be on the line. Fortunately, you may have a second chance.

Criminal defense attorney David F. Allen has a proven track record of providing Central Florida clients with successful representation through the appeals process. Every person convicted of a crime is entitled to an appeal.

You need an experienced lawyer to help protect your future. He will represent your case with dedication and skill. Contact us to schedule a free consultation to discuss your appeal.

Efficient Representation, Effective Results

If you or someone you love was convicted at trial, you have 30 days from the date of sentencing to file a direct appeal. Your case will be reviewed by the District Court to determine if you are entitled to a new trial, or if your conviction should be overturned entirely.

You may also be able to file an appeal if you believe your Fourth Amendment rights have been violated. If a law enforcement official unlawfully searches you or your property and finds a controlled substance, you can request that it be excluded from evidence. Drug convictions are often set aside due to unlawful search and seizure, and will therefore be overturned.

Tavares Post-Conviction Relief Attorney (3.850 Motions)

Even if you have lost your direct appeal, you are entitled to a final appeal if there has been new evidence discovered that the court did not have a chance to hear, or because your trial lawyer was “ineffective.” Through a motion for post-conviction relief, you can petition the court to overturn your conviction and request a new trial for a second chance at freedom. These are known as “3.850 Motions”.

In our more than 40 years of criminal law experience, we have won criminal appeals, achieving new trials for Florida’s wrongfully convicted citizens.

We offer our clients a FREE CONSULTATION to discuss the legal matters they are facing. We also accept all major credit cards and offer PAYMENT PLANS for more affordable services. To schedule your consultation, call me at (352) 720-3658. You may also contact us via e-mail.

Criminal Law Results

Effective Representation Focused on Your Future!

  1. First ever jury trial in 1978 (DUI)—not guilty,
  2. Innocent man convicted of Home Invasion Robbery and sentenced to 25 years in prison. He was represented at trial by another lawyer. He hired David Allen to file an appeal which resulted in a new trial. Second trial result is a not guilty verdict in 40 minutes— he’s now free after wrongfully serving 5 years in prison,
  3. Eighteen-year-old confesses in his own handwriting to Armed Robbery; claims the detective told him what to write in his confession. The State offers 30 years in prison for a plea; David Allen convinces the jury the detective actually did tell the Defendant what to put in his confession—-jury verdict not guilty,
  4. Client accused of attacking a woman at Disney World, charged with serious felonies facing up to a 16-year sentence—-jury acquits clients of felonies and finds 1 misdemeanor count. Expert witnesses (2 doctors) claiming woman had permanent injury and disfigurement discredited. Case featured on Court TV for 6 hours of broadcast.
  5. Client facing 25-year minimum mandatory prison sentence for Trafficking in heroin—plea negotiated to straight probation and probation is terminated early.
  6. Young man charged with attempted 1st Degree Murder after a drive-by shooting in a busy intersection (minimum 20 years to life). Attorney’s investigation discovers physical evidence including bullets in the client’s vehicle that disproved the “victim’s” testimony—jury verdict not guilty.
  7. Client charged with 1st Degree Premeditated Murder, facing death penalty—admitting wrapping pillow around pistol and shooting wife to death. Jury convicts of 2nd Degree Murder only—client’s life spared from lethal injection.
  8. Young adult charged with Attempted Murder of motorcycle police officer by trying to run him over with a car (25-year mandatory prison on conviction). Officer identifies client as the driver. Defense investigation discovers witnesses aid makes video reenactment of the crime—client found not guilty.
  9. Airline pilot charged with DUI, breathalyzer results 0.16. Investigation proves that his blood-alcohol level could not be that high based upon the evidence—charges reduced.
  10. Another airline pilot accused of Stalking his girlfriend and Burglary to her home— domestic violence injunction dismissed against him, and criminal trial verdict finds him not guilty of burglary (saving his pilot’s license).
  11. Legislative assistant charged with Theft of funds from the office account of a Florida state representative while on the job—jury verdict not guilty.
  12. Two-hundred-fifty-pound boyfriend stabs 120-pound girlfriend with a knife inside her vehicle—jury verdict not guilty (self-defense).
  13. Juvenile facing over 100 years in adult prison on a Violation of Probation—sentenced as a youthful offender and released from that program within 18 months’.
  14. Young man accused of shooting innocent victim in apartment complex “positively” identified by the victim. Attorney establishes his alibi proving he was elsewhere at the time of the crime—not guilty verdict (minimum 20 years to life).
  15. Client charged with Child Abuse due to alleged serious injuries inflicted upon a child— charges reduced to negligence and client receives straight probation.
  16. Acting pastor of a church (regularly leading services every Sunday) accused of Rape by a church member—jury verdict not guilty.
  17. Senior engineer charged with Capital Child Molestation (facing life in prison). Client follows attorney’s advice, obtains appropriate counseling and negotiates a plea bargain to straight probation—no jail or prison.
  18. Client arrested out of state because of DNA Database identification for being involved in a sex crime. At trial, the State’s DNA expert explains how Defendant’s DNA was matched to him. Cross-examination reveals DNA likely placed at scene by innocent actions of the client—jury verdict not guilty.