Modern criminal codes present an ever-changing variety of offenses, from felony crimes with significant potential penalties that threaten liberty and property, to offenses that may not result in incarceration but may affect not only the reputation but also the successful future of an individual or business.
Mr. Griscti assembles and works together with private investigators, forensic and clinical experts, as well as qualified co-counsel to fully advise his clients and help them make informed and strategically sound legal decisions. He is devoted to obtaining correct results in the criminal justice system, be it through negotiation, plea, trial, appeal, or in post-conviction or “collateral” matters.
Criminal investigations, from a police investigator’s questioning to a subpoena or other method of investigation, often precede final decision-making by prosecutors on whether to criminally prosecute, and if so, what charges to file. Clients require qualified counsel to preserve important constitutional and statutory privileges and properly respond to informal or formal investigation or inquiry.
Significant financial penalties, including asset forfeiture, restitution, and fines, have been a cornerstone of Mr. Griscti's criminal defense practice. For example, he has appeared in the Supreme Court of Florida in multiple cases that addressed and reformed the scope and procedure of Florida's forfeiture laws. Especially in federal courts, these financial penalties have existed but expanded in recent decades and become a primary issue in the resolution of most criminal prosecutions.
Should litigation be required, Mr. Griscti has been trained and practiced in trial and appellate criminal law for more than 40 years, from internship at the Public Defender’s Office in 1978, to a clerkship with a private criminal defense firm, to a federal law clerkship, to managing his own firm, to working with metropolitan, regional, national and international law firms. He has litigated successfully in both federal and state courts, administrative tribunals, and on appeal to Florida and federal appellate courts.
Mr. Griscti also is an educator and student of criminal law. He has held leadership positions in national, state and local bar organizations, including the Florida Bar, the American Bar Association, the Federal Bar Association, the National and Florida Associations of Criminal Defense Lawyers, the American Inns of Court, and other organizations. He has lectured and published in international, national, state and local educational programs on criminal defense, ethics and professionalism topics. He was Editor in Chief of the Florida Law Review, in which he was published on an emerging criminal law issue - the government's obligation to disclose evidence favorable to a criminal defendant.
A successful outcome is not just a favorable resolution of the investigation or charge. It also includes careful consideration of the collateral consequences that an individual or corporate client may later encounter. Non-felony offenses, including minor misdemeanor offenses, are enforced by local, state or federal law enforcement agencies. There are few “minor” offenses that do not subject a citizen to potentially adverse “collateral” consequences. A publicly available electronic record of investigation, arrest, prosecution or conviction for any criminal offense can have immediate and long-term consequences to a client’s private or public education, present and future employment, professional or business licensing, government funding entitlements, and other personal and career opportunities.
Mr. Griscti will assist clients with any available remedies to remedy or mitigate these consequences, including expungement or sealing of state, local or national criminal history records. He will help clients prepare an appropriate explanation of the circumstances of an investigation, arrest or criminal prosecution for employers, licensing agencies, academic institutions, regulatory agencies and others. This aspect of criminal defense practice is very important to a successful career and to personal liberties. It requires careful preparation with the client from the first day of representation.
Criminal law also involves assisting clients who are the victims of criminal acts. Examples include victims of embezzlement and other financial crimes. The goal of this advocacy and, if necessary, litigation, is to obtain remedies through the civil court system, as well as through financial penalty judgments in criminal or civil cases.
Whether it be criminal investigation, formal court litigation or their consequences, Mr. Griscti pledges dedication, preparation, perseverance, professionalism and his best effort to accomplish a successful outcome for clients.
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