Michael
LaFay
Orlando Trial Attorney
Trial Attorney Michael LaFay graduated from the
American University Law School in Washington, D.C. in 1983. He was
admitted to the New
York Bar in 1984 and the Florida Bar in 1985. Michael is
board certified in Criminal Law by the Florida Bar and has achieved
an "AV" rating overall, which is the highest ranking bestowed
by Martindale-Hubbell, the national attorney ranking service.
He has
practiced in Central Florida as a trial attorney for the past 22
years and has litigated over 250 jury trials. During that time,
he has served as a criminal defense attorney and also as a prosecutor
with the Office of Statewide Prosecution where he specialized in
white-collar offenses, racketeering and narcotic wiretap/conspiracy
cases. Recently, Mr. LaFay has successfully tried and won the following
cases:
2006 Attempted Murder: the client and a co-defendant
were accused of requesting a ride and then stabbing the driver.
During the three
day trial, it was proved that the co-defendant had acted alone.
Verdict: Not guilty.
2006 DUI: the client was stopped by Altamonte Springs police and
videotaped performing field sobriety exercises. Verdict: Not guilty.
2006 DUI: after being stopped for speeding, the
client performed field sobriety exercises and submitted to a breath
test. The breath
test was thrown out and the jury determined that the client was
not impaired. Verdict: Not guilty.
2006 DUI: the police observed the client driving erratically and
took a statement that he had been drinking beer. The client performed
field sobriety exercises but refused a breath test. Verdict: Not
guilty.
2006 Lewd and Lascivious Battery: the client was accused of molesting
a young girl in a salon. After a two day trial, the jury acquitted
on all counts. Verdict: Not guilty.
2006 Attempted Murder: during
a vacation in Central Florida, the client’s wife called 911
and ran screaming from the hotel room covered with blood. The wife
was cross examined for two days
and it was conclusively shown that she had concocted the entire
crime in order to gain an advantage in divorce court. After a
ten day trial, the jury acquitted after one hour of deliberation.
Verdict:
Not guilty.
2007 Aggravated Battery. While engaged in struggle at a nightclub,
the victim alleged that the client threw a glass at him and caused
serious injury to his mouth. During cross-examination, the victim’s
credibility was successfully attacked. Verdict: Not guilty.
2007 Leaving the Scene of an Accident with Death. The charges arose
from a tragic traffic accident where the client struck two pedestrians,
causing a death. Although the client left the scene of the accident,
he returned at a later time. Verdict: Not guilty
2007 Trafficking in Cocaine, 400 grams or more: The client was arrested
while allegedly handing 500 grams of cocaine to a confidential informant.
After the cross-examination of the informant during trial, the prosecutor
offered a sentence of probation. Because the minimum sentence was
15 years in prison, the client accepted.
2007 DUI: The client was arrested for DUI after a serious accident
on I-4. He was videotaped at roadside and refused a breath test.
Verdict: Not guilty.
2007 Sexual Battery: the victim alleged that she was raped by
her massage therapist. After a two day trial, the jury acquitted
on
all counts. Verdict: Not guilty.
2008 Attempted First Degree Murder/Kidnapping: during a meeting
with his estranged wife in a crowded parking lot, the client confined
her and attempted to slash her throat, inflicting several wounds.
After a three day jury trial, the jury found him guilty of the lesser
crime of attempted second degree murder. At sentencing the judge
considered expert psychological testimony about the client’s
mental state and imposed a significantly reduced sentence. The case
is currently on appeal.
Michael LaFay practices criminal law and his reported
cases are as follows:
* Ruffkin vs. State, 549 So2d 250 (5th
DCA 1989)
* Bain v. State, 642 So2d 578 (5th DCA 1994)
* Boschen v. State, 647 So2d 1054 (5th
DCA 1994)
* State v. Nuckolls, 606 So2d 1205 (5th DCA
1992)
* Bissell v. State, 605 So2d 878 (5th DCA
1992)
* Howard v. State, 738 So2d 372 (5th DCA 1999)
* Atwater v. State, 781 So2d 1149 (5th
DCA 2001)
* King v. State, 790 So2d 477 (5th DCA 2002)
* Esskuchen v. State, 756 So2d 156 (5th
DCA 2000)
* Williams v. State, 892 So2d 1185 (5th DCA
2005)
* Fisher v. State, 924 So.2d 914 (5th DCA 2006)
Among Mr. LaFay's awards are:
* Oustanding Lawyers of America, 2003
* Honored for Trial work, DEA Heroin Task Force, 2001
* Meir Award, Orlando Police Department (Wiretap/Narcotics
caswork), 2001
* Sheriff's Citaion for Excellence, presented by the
Orange County Sheriff's Office, 2001
* Davis Award for Excellence (Medicaid Fraud Task
Force), presented by the Governor, 1997
* Outstanding Speaker Awards, 1996, 1997, and 1999
* American Inns of Court, Executive Committee,
Orlando Chapter, 1990-1995
* Faculty Speaker, Florida Prosecuting Attorneys Association,
1994, 1996, 1999, 2000
* Faculty Lecturer, Florida Police Academy, 1997-1999
* Author, "Double-celling in the Prisions",
New England Journal on Criminal Confinement, 1983
* Co-Author "The Wrongful Death Action",
Medical Trial Practice Quaterly, 1984
PRACTICE AREAS: Criminal Law
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